Robert C. (Rob) Byerts

Robert C. (Rob) Byerts' practice focuses on all aspects of automobile franchise law, as well as insurance industry regulation, and complex business litigation. Rob's experience has primarily concerned litigation of automobile franchising law matters, commercial disputes, administrative actions, and general business advice and counsel. Rob has provided assistance to dealers in all aspects of franchise and contract issues. His experience includes counseling franchisees on a wide range of matters, including opening new dealerships and locations, as well as the wind down of operations; protests of charge backs, add-points, terminations, market withdrawals, franchise turndowns, transfers, facilities issues; the drafting and filing of new and amended exclusive use agreements, site control agreements, business plan agreements, facilities agreements, captive finance agreements; the remedies available on brand withdrawals; compliance with, and challenges to, manufacturer incentive programs; challenges to manufacturer audits; the development and enforcement of dealer performance standards; challenges to manufacturer product allocation; and APR/AOR/PMA/PAR modifications. Rob makes presentations to dealer groups on franchise law developments, finance and insurance transactions, and regulatory issues. Rob has performed finance and insurance compliance reviews and defended against regulatory challenges to finance and insurance operations. Rob can also assist dealers with transactions involving the purchase or sale of dealerships and related matters.

Rob has litigated disputes, across the country, relating to terminations, ownership transfers, add-points, warranty reimbursement, franchise modification, price discrimination, warranty and incentive audits and other manufacturer programs. He was lead counsel in litigation challenging Infiniti's reopening of a closed point promised to another dealer, winning a jury verdict, substantial compensation attorneys' fees and costs. In 2010, Rob participated in the GM and Chrysler bankruptcy cases and successfully arbitrated reinstatement for rejected Chrysler and GM dealers. Rob's litigation experience includes insurance regulation matters, license application and termination proceedings, medical malpractice litigation, defense and prosecution of professional liability matters, as well as all aspects of general and complex commercial litigation involving new motor vehicle dealers.

Rob provides litigation services at both the trial and appellate levels. Rob also has experience with the various manufacturer imposed alternative dispute resolution procedures, including appearances before the Ford Dealer Policy Board and General Motor's Arbitration/Mediation Process. In 2010 Rob successfully represented a number of Chrysler and General Motors clients in the arbitration proceedings seeking reinstatement of their franchises.

Rob is a member of the Florida Bar, the Federal Bar in all three Florida Districts, and has been admitted in Federal and State courts, and practiced before administrative tribunals, throughout the United States. In addition, Rob is trained as a certified court mediator, a meeting facilitator, and an experienced speaker and instructor at association and trade gatherings. Rob joined Bass Sox Mercer in April 2003.

Rob obtained his Bachelor's in Business Administration/Finance from Stetson University in 1981 and his J.D. from the University of Florida in 1984. Rob has served as a prosecutor in Dade County, Florida, Senior Attorney for the Florida Department of Insurance, Deputy General Counsel for the Florida Department of Community Affairs, Senior Attorney for the Florida Department of Health, as in-house counsel for a diversified corporate group, and as an intergovernmental relations and technical consultant.

When he is not working for clients, Rob enjoys tennis, mountain biking and other sports activities, preferably with his wife, daughters and son.