Nicholas (“Nick”) Bader is a partner in the Firm’s litigation practice. Nick’s practice primarily focuses on representing dealer clients in litigation with automakers.
Nick is a litigator with experience handling cases in a variety of courts and forums across the United States—most commonly Federal court or administrative forums. Since joining the Firm in 2011, he has litigated matters including franchise terminations, breach of contract claims, add-point and relocation challenges, buy/sell turndowns, incentive disputes, allocation disputes, and others.
Nick’s practice also includes advising dealers on an ongoing basis regarding their franchise relationship with automakers on issues such as: franchise renewals/modifications, sales performance issues, allocation, incentive programs, territory changes, warranty reimbursement, audits, and facility programs.
Prior to joining the Firm, Nick was a state prosecutor trying cases ranging from misdemeanor offenses to homicide. During that time, Nick acted as lead counsel in over 40 jury trials. Before that, Nick served as Assistant General Counsel to the Florida Department of Financial Services.
Representative Experience
- Served as lead trial counsel in Federal lawsuit brought by Hyundai dealer against Hyundai Motor America for breach of contract that resulted in a jury verdict in favor of the dealer for $16,000,000.00 plus attorneys’ fees and interest.
- Informally challenged a modification of the Porsche Dealer Agreement, leading to the franchise agreement being altered in dealers’ favor nationwide without the need to file suit.
- Numerous franchise modification protests, including the following franchises: Alfa Romeo, BMW, Harley-Davidson, Kawasaki, Maserati, Toyota, Vanderhall, etc.
- Numerous chargeback disputes with nearly all of them being favorably resolved without need to file suit.
- Numerous disputes over attempts to terminate franchised dealerships, including disputes with FCA, General Motors, Hyundai, Kia, Mitsubishi, Nissan, Volkswagen, etc.
- Numerous disputes over manufacturer attempts to add and/or relocate franchised dealerships, including disputes with FCA, Ford, General Motors, Honda, Hyundai, Infiniti, Mazda, Mitsubishi, Mercedes-Benz, etc.
Professional Associations and Memberships
- The Florida Bar
- National Association of Dealer Counsel
- Tallahassee Bar Association, Former Director
- The William H. Stafford Inn of Court, Alumni Member
Education
The Florida State University, B.S., Finance
Stetson University College of Law, J.D.
Stetson University, M.B.A.
Admissions
Florida
U.S. District Courts:
- Southern District of Florida
- Middle District of Florida
- Northern District of Florida
- District Court of Colorado
- Eastern District of Michigan
U.S. Appellate Court:
- Eleventh Circuit Court of Appeals