Providing a unique combination of franchise, distribution, and international law, Martín Enriquez fills a valuable niche with high skill and oodles of Latin charm and insight. As a national and international franchise and distribution law attorney, Martín partners with franchisors and manufacturers that use third parties for domestic and international distribution to tackle the myriad of business and legal issues they face in pursuing their business goals. He has unique insight into business challenges and legal obstacles confronting domestic and international manufacturers of automotive products, powersport vehicles, recreational vehicles, farm and heavy equipment products, marine products, apparel, outdoor equipment, and manufacturers, distributors, franchisors and franchisees of food and services. He advises his clients on regulatory matters, transactions, and represents them in wide-ranging litigation in state and federal courts and before administrative agencies (see Representative Matters). Martín prides himself on understanding his client’s goals and then providing pragmatic business-focused advice.
Having lived overseas, Martín is also passionate about helping clients expand their business to new international frontiers. As a native of Buenos Aires, Argentina, Martín reads, writes, and negotiates in Spanish and understands the legal and cultural complexities of doing business in Latin America and Europe, which help him develop tailored business and legal strategies for his clients. Martín regularly counsels clients on U.S. federal laws and regulations governing international business such as export regulations, sanctions laws and regulations, import controls, Foreign Corrupt Practices Act, and importation of counterfeit and gray market goods.
Martín is an epicure and Malbec and Cognac connoisseur. He tweets on all things international at @intlawcounsel.
Franchise and Distribution Counseling and Litigation
Martín leads our Automotive, Powersports, and Recreational Vehicle, Farm and Heavy Equipment, and Marine Products Industry team. He assists these clients in a wide range of operational, regulatory and litigation matters. Deeply familiar with industry state laws that govern the operations of manufacturers, Martín helps guide our clients through the comprehensive range of operational, transactional and risk management strategies involved in manufacturing vehicles and componentry, establishing dealerships, distributing products, and successfully navigating legislative interests before governmental agencies and regulatory bodies.
He represents the industry in a wide variety of franchise and product transactions and disputes including:
- Breach of contract
- Add points
- Vehicle allocations
- Warranty reimbursements
- Inventory security interests
- Transfer issues
- Incentive discrimination and Robinson-Patman claims
- Unfair business practices claims
- Minimum Advertise Price Policies and internet advertising
- Grey markets and unauthorized exports
- Counterfeit products
- IP cease and desists
- Warranty/lemon law/customer service, and other manufacturer/dealer issues
Martín also represents manufacturers, distributors, and franchisors in wide-ranging litigation in state and federal courts, as well as in mediation and arbitration proceedings. These include:
- Termination claims
- Breach of contract/agreement
- Implied covenant of good faith and fair dealing
- Discrimination claims
- Breach of fiduciary duties
- Trademark and copyright infringement
- Confidentiality agreements to protect against disclosure of proprietary information
- Covenants not to compete and non-solicitation agreements
- Represent international manufacturer of Powersport Vehicles on an ongoing basis as US outside General Counsel on all manufacturer-dealer disputes.
- Represented US automobile manufacturer on requests from hundreds of dealers for arbitration relating to Chrysler’s bankruptcy following Chrysler's termination of those dealerships.
- Represented US automobile manufacturer before the California New Motor Vehicle Board in a protest filed by a dealer terminated for relocating without authorization.
- Represented US automobile manufacturer in action brought by dealer alleging claims for breach of contract, breach of duty to act in good faith, breach of express and implied promises, and violations of federal and state franchise laws (US Dist., N.D. Ohio).
- Represented manufacturer of steel and aluminum dump trailers against dealer claims for unlawful termination of dealer agreement and violation of the Colorado Motor Vehicle Dealer Act (US Dist., D. Colo.).
- Represented International Automobile Manufacturer in a breach of agreement to update facility brought against dealer and defended client on counterclaim for breach of dealership agreement, breach of duty of good faith and fair dealing, and violation of Automobile Dealer Day in Court Act (US Dist., E.D. Wisconsin).
- Represented Defendant dry wall supplier in claims for breach of supply contract (US Dist., D. Colo.).
- Represented manufacturer of motorcycle engines and transmissions against claim for breach of express warranty and implied warranty of merchantability in connection with the manufacture and sale of motors and transmissions for custom motorcycles (US Dist., D. Colo.).
Product manufacturing and distribution agreements and International Trade
- Draft and negotiate exclusive manufacturing Agreement for manufacturing of products in China.
- Draft distribution agreement for mining equipment to be distributed in Mexico.
- Draft agency agreement for distribution of products in Mexico.
- Draft MAP policies.
- Export Compliance:
- Conduct due diligence and advise on export controls and sanctions laws and regulations for acquiring companies.
- Conduct due diligence and advise on Foreign Corrupt Practices Act (FCPA) regulations for acquiring companies.
- Conduct internal investigation for company subject to investigation for export control violations.
- Advise and assist companies obtain classification of products and obtain license from the Department of Commerce Bureau of Industries and Security (BIS).
- Draft export control compliance manuals and policies.
- Draft FCPA compliance manuals and policies.
- Advise companies expanding to foreign markets on intellectual property protection.
- Imports: Seizure and forfeitures, fines and penalties, antidumping and countervailing duties, food imports, gray market goods and intellectual property protection.
- Conduct audits for export/import compliance.
- Conduct internal investigations for export/import violation.
Mr. Enriquez has presented to the legal department of BRP US, Inc., regarding current developments in franchise and distribution laws in all 50 states.
Speaker, “Implications of Export and Import Controls for Intellectual Property Right Owners,” Lewis Roca Rothgerber Christie, Los Angeles, March 2016
Speaker, “Implications of Export and Import Controls for Intellectual Property Right Owners,” Lewis Roca Rothgerber Christie, Phoenix, February 2016
- Speaker, “The Yates Memo: What the “New” DOJ Policy Really Means,” Association of Corporate Counsel, Colorado Chapter, December 2015
- Author, "CLIENT ALERT: Encryption Export Requirements Simplified," Lewis Roca Rothgerber Christie, October 2016
- Author, "CLIENT ALERT: BIS Final Rule On Cloud Computing," August 2016
- "CLIENT ALERT: Article 29 Working Party Expresses "Strong Concerns" about the EU-US Privacy Shield Agreement," April 18, 2016
- Co-Author, "CLIENT ALERT: What Will U.S. Companies Have To Do To Comply With The EU Privacy Shield Agreement?," April 7, 2016
- Comment, "Tyranny of the Minority: The Unconstitutional Filibuster and the Superimposed Supermajority on the Advice and Consent Clause of the Constitution," 21 T. M. Cooley L. Rev. 215 (2004),
- Denver Metro Chamber Leadership Foundation - Leadership Denver Class, 2013
- Denver Business Journal - "Forty Under 40", 2013
- Colorado Super Lawyers - "Rising Star", 2013-2016