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Gwen J. Young

Gwen Young has more than 25 years of experience representing major automobile manufacturers in their dealer-related commercial disputes before state agencies and in federal and state trial and appellate courts. She advises carmakers on compliance issues under auto franchise laws and works with automotive clients and their lobbyists on proposed legislation in that field.

In 2010, Gwen was on a team that co-managed the litigation of over 400 arbitrations in 48 states for Chrysler Group during a federally mandated seven-month period following the bankruptcy of the former Chrysler LLC in 2009. Among other key contributions, Gwen developed national strategy for the defense of the arbitrations, developed strategy for limited discovery across all cases, led and managed the discovery teams for approximately 200 arbitrations in the western United States, and vetted and trained non-franchise trial attorneys and experts in critical issues and strategies.

She also has experience handling contract disputes, securities fraud, business torts, and other commercial litigation matters.

Capabilities

Experience

  • Continental Imports v. Mercedes-Benz USA (Tex. 2020): At a two-week evidentiary hearing before a two-judge panel, successfully defended a challenge by an existing Mercedes-Benz dealer that sought to prevent MBUSA from establishing a new dealership. Once adopted, the proposal for decision will allow MBUSA and its candidate to establish a new Mercedes-Benz dealership in Austin, Texas.
  • Fresno Motors v. Mercedes-Benz USA, No. 12-15981 (9th Cir. 2014) - Obtained a Ninth Circuit appeal for Mercedes-Benz USA in a published opinion upholding a motion for summary judgment at the trial court level. The opinion supported MBUSA's right of first refusal relating to the sale of a dealership, and it expressly established that the prospective buyer cannot sue for tortious interference.°
  • Chrysler v. Colorado Secretary of State (S.D.N.Y. 2012) - Obtained summary judgment on behalf of Chrysler Group LLC and Old Carco Motors LLC in U.S. District Court for the Southern District of New York in a case involving the constitutionality of a Kentucky state dealer statute.°
  • Obtained summary judgment for Chrysler in a preemption case involving the award of future franchises.°
  • Co-managed with one other law firm the response to requests from 418 dealers for arbitration relating to the bankruptcy of Chrysler Group LLC and following Chrysler's termination of those dealerships.°
  • Fresno Motors v. Mercedes-Benz (E.D. Cal. 2010) - Secured a ruling from the U.S. District Court for the Eastern District of California that denied a dealership's petition to compel Mercedes-Benz USA to submit to arbitration regarding an asset purchase agreement.°
  • In re Old Carco (S.D.N.Y. Bankr. 2009) - Obtained voluntary dismissal of all claims by dealers in several states asserting that Chrysler Group LLC, which succeeded Chrysler LLC following its 2009 bankruptcy, was essentially obligated to assume the contracts of dealers that had been rejected by Chrysler LLC during bankruptcy proceedings.°
  • Des Moines Chrysler v. Department of Transportation Office of Vehicle Services (Iowa DIA 2009) - Represented client in an administrative proceeding involving a protest filed by a local Chrysler vehicle dealer challenging the establishment of a Dodge dealership.°
  • Auto Stiegler v. Mercedes-Benz USA (C.D. Cal. 2006) - Obtained a complete jury verdict in a franchise dispute in Los Angeles, defeating all of the plaintiff's claims and winning all six counterclaims and an award of over $7 million, including punitive damages, for Mercedes-Benz USA.°
  • DaimlerChrysler v. Lew Williams, 48 Cal.Rptr.3d 233 (Cal. Ct. App. 2006) - Obtained a precedent-setting judgment from the California Court of Appeals, which preserved a trial court finding that guaranteed the right of automotive manufacturers to enter into litigation waiver contracts under a relatively common anti-waiver dealer act provision.°
  • Bloomington Chrysler v. DaimlerChrysler (D. Minn. 2005) - Obtained dismissal of claims relating to alleged dealer act violations for DaimlerChrysler.°
  • DaimlerChrysler v. Mississippi Motor Vehicle Commission (Miss. Lincoln County Ch. Ct. 2005) - Obtained reversal regarding client's contractual right of first refusal for the sale or transfer of the assets of one of its existing dealers.°
  • Eghtesad v. DaimlerChrysler (Cal. N.M.V.B. 2004) - Obtained dismissal from the New Motor Vehicle Board in a protest filed by a dealer to prevent client from allowing another dealer to relocate within protesting dealer's market area.°
  • DaimlerChrysler v. Granger Motors (Iowa D.I.A. 2004) - Represented client in an administrative proceeding, which showed modifications to how sales areas were defined were in accordance with the dealer agreement.°
  • Lamarque Dodge v. Julian Graham Dodge, 887 So.2d 574 (La. Ct. App. 2004) - Granted summary judgment after a dealer claimed WTO's client leaked confidential information.°
  • Duarte & Witting, Inc. New Motor Vehicle Bd., 104 Cal.APP./4TH 626 (CA NMVB 2002) – Affirming Board order in client’s favor dismissing protest without a hearing, ruling that Board has implied authority to dismiss protest where undisputed facts demonstrate good cause as matter of law.°
  • Streeter Imports v. Mercedes-Benz, 105 P.3d 818 (Nev. 2001) - Obtained an appeal of a trial court decision by the Nevada Department of Motor Vehicles & Public Safety that a dealer's unauthorized acquisition and sale of a new make of vehicle, distributed by our client but not covered under the existing dealer agreement, constituted good cause to terminate the dealer.°
  • Clutter Motors v. DaimlerChrysler (Cal. N.M.V.B. 2001) - Obtianed dismissal of a dealer's attempt to block a chargeback following a sales incentive audit, arguing that the California New Motor Vehicle Board did not have the authority to issue injunctive relief to a dealer that protested the chargeback.°
  • Chrysler v. Lee Janssen Motor (Neb. Ct. App. 2000) - Obtained affirmation on the appeal of a district court's decision to reverse the Motor Vehicle Licensing Board and allow Chrysler to terminate a dealer.°
  • Colonial Dodge v. Chrysler (Cal. N.M.V.B. 1998) - Defended an appeal to the California New Motor Vehicle Board regarding a number of California vehicle dealers that protested the establishment of an additional dealer.°
  • Men-Guer Chrysler-Plymouth v. Chrysler (6th Cir. 1994) - Obtained reversal from the Sixth Circuit of a trial court's ruling regarding the applicability of an Ohio automobile dealer act to an agreement involving Chrysler.°

°The above representations were handled by Ms. Young prior to her joining Greenberg Traurig, LLP.

Recognition & Leadership

  • Listed, Super Lawyers Magazine, Colorado Super Lawyers, 2013-2020
    • Top 50 Women, 2014-2016
  • Lawyer of the Year, Law Week Colorado, 2010
  • Rated, AV Preeminent® 5.0 out of 5.0

°AV®, AV Preeminent®, Martindale-Hubbell DistinguishedSM and Martindale-Hubbell NotableSM are Certification Marks used under license in accordance with the Martindale-Hubbell® certification procedures, standards and policies.

  • Member, American Bar Association, 1985-Present
  • Member, Colorado Bar Association, 1985-Present
  • Member, Denver Bar Association, 1985-Present
  • Member, Colorado Defense Lawyers Association, 2010-Present
  • Member, Women's Bean Project, 2018-Present
    • Secretary, Board of Directors, 2019-Present
    • Board of Directors, 2018-Present
  • Member, American Civil Liberties Union, 2007-Present
    • Nominating Committee, 2016-2017, 2019
    • Legal Panel, 2009-Present
    • Board of Directors, 2007-2016
    • Board Chair, 2013-2015
    • Vice Chairman, Board of Directors, 2009-2013
  • Member, DU Law Student Mentor, 2012-2019

Credentials

Education
  • J.D., University of Denver Sturm College of Law, 1984
    • Order of St. Ives
    • Assistant Editor, Administrative Law Review
  • B.A., University of New Mexico, 1977
    • Phi Beta Kappa
Admissions
  • Colorado