About

Business + Litigation Attorney for Dealers

 
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ATTORNEY

Eric A. Baker

Eric is an experienced dealership and franchise lawyer, with an emphasis on representing automobile, agricultural equipment, heavy truck and other equipment dealers. He has successfully represented numerous clients in litigation against large national and multi-national manufacturers and franchisors in trials before state and federal courts, in state and federal appellate courts, and in private arbitrations and administrative law proceedings. In addition to extensive courtroom experience, Eric assists dealerships and other franchisees with a full array of legal issues, including:

  • compliance with state and federal regulation of sales, employment, and workplace safety;

  • mergers, acquisitions, and sales of businesses;

  • employment disputes;

  • consumer disputes;

  • employee or customer fraud;

  • resolving disputes with manufacturers, franchisors, and vendors;

  • teaching compliance seminars; and

  • regulatory enforcement actions, audits, and other investigations.

Eric serves on the Board of Directors and Executive Committee for the National Association of Dealer Counsel, a nationwide professional organization of over 600 attorneys and associate members who represent automobile and other vehicle dealers.

While Eric focuses primarily on dealership and franchise law, he also regularly represents a wide array of general businesses in various litigation, arbitrations, and other dispute resolution, as well as with other general business law issues. Prior to launching Wisconsin Dealer Law, Eric was a dealership and litigation partner at a business law firm in Madison, Wisconsin, for more than 13 years. Before that, Eric was a litigation attorney at a multinational business law firm in Washington, D.C.

Outside of the office, Eric enjoys spending time with his family, including golfing and being outdoors with his two boys, as well as cooking, vocal & instrumental music, and following Wisconsin sports.


Representative Work

  • Mathew Enterprise, Inc. v. Chrysler Group LLC (N.D. Cal. Case No. 5:130-cv04236): co-counsel representing automobile dealership in jury trial asserting price discrimination claims under the Robinson-Patman Act amendment to the Clayton Antitrust Act.

  • American Dairy Queen Corp. v. Universal Investment Corp. (W.D. Wis. Case No. 16-cv-323): lead attorney representing Dairy Queen restaurant owner in defending against claims of trademark infringement and seeking declaration approving termination brought by American Dairy Queen, and counterclaiming wrongful termination under the Wisconsin Fair Dealership Law.

  • Tilstra Dairy Equipment, LTD et al. v. BouMatic LLC (7th Cir. Ct. App. Case No. 14-3299; W.D. Wis. Case No. 3:12-CV-827): co-counsel representing dairy parlor equipment dealership in obtaining jury trial verdict against equipment manufacturer finding breach of contract and awarding damages, and successfully defending appeal by defendant.

  • Chili Implement Company, Inc. v. CNH America, LLC (Wis. Ct. App. 2014AP1469; Clark County Cir. Ct. No. 2012CV10): co-counsel representing farm equipment dealership in obtaining jury trial verdict against equipment manufacturer finding violation of Wisconsin Fair Dealership Law and awarding damages, and successfully defending appeal by defendant.

  • Josh LeClair v. Budget Blinds, Inc., (3:12-CV-00368 (W.D. Wis. 2012): lead attorney representing window treatment franchisee in obtaining and confirming arbitration award against franchisor finding violation of Wisconsin Fair Dealership Law and awarding damages.

  • Franchise termination arbitration claims against General Motors and Chrysler: Co-counsel representing numerous Wisconsin automobile dealers in obtaining arbitration awards against General Motors and Chrysler entitling dealers to be retained in the respective manufacturers’ dealership network following termination of the dealerships’ agreements in conjunction with the respective manufacturer’s bankruptcy.

  • Howard C. Nelson, et al. v. Frederick J. Furrer et al., (Wis. Ct. App. 2011AP123; Columbia County Cir. Ct. No. 2007CV462): lead attorney representing minority shareholder in obtaining bench trial verdict against majority shareholder and company president for theft and breach of fiduciary duties and awarding damages. Successfully defended multiple appeals by defendants.


Presentations, Publications, and Contributions

  • Article, “Shareholder Disputes in Closely-Held Entities: Implications for AttorneyClient Privilege. The National Association of Dealer Counsel Newsletter, November/December 2018.

  • Presenter, “Overcoming OEM Objections to Dealer-Initiated Changes,” National Association of Dealer Counsel, 2018 Fall Conference.

  • Article Co-Author, “Price Discrimination Challenges to Factory Incentive Programs: Recent Cases Demonstrate Obstacles and Opportunities,” The National Association of Dealer Counsel Newsletter, February 2017

  • Presenter, “Trial Technology: Presenting Market Share Performance Challenge to a Jury,” National Association of Dealer Counsel, 2016 Annual Conference.

  • Seminar Presenter and Co-Author, Wisconsin Automobile & Truck Dealers
    Association Seminars:

    • “F&I Credit Practices and Procedures”

    • “Laws of Vehicle Leasing”

  • Numerous articles in Trade Association Newsletters and Publications on a wide variety of business issues.


Community Involvement and Board Memberships

  • National Association of Dealer Counsel, Board of Directors/Executive Committee, 2016-Present

  • Salon Piano Series, Board of Directors, 2017-Present

  • City of Middleton Landmarks Commission, 2008-Present

  • Junior Achievement Classroom Volunteer, 2012-Present

  • Wisconsin Youth Symphony Orchestra, Board of Directors/Advisor, 2011-2019

  • Middleton Optimists Club

    • Executive Board, 2008-2013

    • President, 2011-2012

  • Madison Youth Choirs, Executive Board, 2007-2010

 

Education

University of Michigan Law School
J.D., cum laude, 2002

  • Law Clerk: Judiciary Committee Counsel’s Office of Senator Russell D. Feingold

  • Law Clerk: University of Michigan, Office of General Counsel

University of Wisconsin–Madison
B.A., 1994

Admitted to Practice

  • Wisconsin

  • United States District Court for the Eastern District of Wisconsin

  • United States District Court for the Western District of Wisconsin

  • United States Court of Appeals for the Seventh Circuit

Professional Memberships

  • National Association of Dealer Counsel

  • State Bar of Wisconsin

  • Dane County Bar Association