Aaron H. Jacoby

Managing Automotive

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Recognitions

Aaron is ranked in Band 1 and has been ranked nationally for the last 12 years by Chambers USA.  In California, Aaron has been ranked by the Daily Journal as one of the “Top 100 Lawyers” and has been designated a “Super Lawyer” in Southern California Super Lawyers magazine.  The Daily Journal also named the automotive industry practice group that Aaron heads as one of the “Top 5 Practices” in California. The Legal 500 has recognized Aaron in the area of Transport: Rail and Road - Litigation and Regulatory.

Client Work

Aaron represents many of the industry’s largest companies in a wide variety of regulatory, litigation, and business matters nationally. Representative highlights of his work include:

• Defending auto industry clients before federal and state agencies, including the Federal Trade Commission
• Serving as special counsel in consumer fraud class actions.
• Advising one of the largest public companies in the world on the automotive regulatory components of its multi-billion dollar acquisition of the nation’s then-largest privately-held retail automotive group.
• Working with a prominent private equity fund in the formation of a joint venture for the acquisition of its first retail automotive dealerships.
• Assisting one of the largest automotive retail groups in Mexico with the expansion of its U.S. footprint.
• Providing professional witness analysis and testimony in unfair business practice matters.
• Leading franchise litigation on behalf of dealers.
• Directing regulatory mapping for federal and multi-state licensing and business practices related to:
  • Autonomous vehicle technology.
  • Legal and regulatory implications for online automotive retailers.
  • Multi-state retail operations.
  • Technical drafting advisor for state regulations defining auto industry markets.

Professional Activities

Aaron is a member of the Los Angeles County Bar Association and the National Association of Dealer Counsel. He also serves as counsel to a variety of industry associations.

Publications & Presentations

Aaron speaks and frequently writes regarding issues affecting the automotive industry. His articles and presentations include:

• AFS Podcast: “Preventing and Detecting Fraud: How to Protect Your Dealership,” September 21, 2022
• AFS Podcast: “Buy-Sell Market - Factors to Consider in Transactions of Automotive Dealerships,” May 10, 2022
• “Insight into the auto retail market, from a lawyer who works with dealers,” Automotive News Daily Drive Podcast, November 19, 2021
• “Impact of COVID-19 on Valuations and Buy / Sell Transactions,” 2021 National Association of Dealer Counsel Spring Conference, May 3, 2021
• “Automotive Industry Response Panel: Crisis Management in the Automotive Industry with Perspectives From Accounting, Legal and Dealerships Around the Country,” Webinar with Rosenfield & Co., July 22, 2020
• “Legal Developments for Dealers in the Era of Covid-19,” NCM Associates, DHG Dealerships and Haig Partners - Emerge Stronger Webinar Series, July 15, 2020
• “AF COVID-19 Podcast: Mediation & Force Majeure,” May 27, 2020
• “AF COVID-19 Podcast: PPP Loan Forgiveness - What Dealers Need to Know,” May 22, 2020
• “California Local Orders for Face Covering and Health Screening Protocols,” Arent Fox Alert, co-author, May 20, 2020
• “Vehicle Dealership Operations Protocol for COVID-19,” Arent Fox Alert, co-author, April 29, 2020
• “Auto Sales Remain Subject to State and Local Orders Despite Designation as Essential by CISA,” Arent Fox Alert, co-author, April 22, 2020
• “Legal and Regulatory Implications of Online Sales – What Dealers Need to Know,” National Automotive Dealers Association, Dealer Lifeline Webinar Series, April 15, 2020
• “AF COVID-19 Podcast: Force Majeure, Impossibility, and Impracticability After Coronavirus,” April 9, 2020
• “No Change To PPP for Dealers Submitting with Franchise Identifier Codes,” Arent Fox Alert, co-author, April 8, 2020
• “AF COVID-19 Podcast: The CARES Act Investment in Health Care Workers,” April 6, 2020
• “AF COVID-19 Podcast: Business Interruption Coverage, Do You Have a Claim?,” April 3, 2020
• “AF COVID-19 Podcast: The CARES Act Makes Key Investments in TeleHealth & Medicare Reimbursements,” April 2, 2020
• “AF COVID-19 Podcast: Online Auto Sales in the Age of COVID-19,” April 2, 2020
• “Arent Fox Business Loan Task Force Webinar for Automobile Dealers,” April 1, 2020
• “AF COVID-19 Podcast: Securing CARES Act Business Loans,” April 1, 2020
• “The CARES Act: Considerations for Auto Dealerships During COVID-19 Pandemic,” Arent Fox Alert, co-author, March 31, 2020
• “AF COVID-19 Podcast: Employer Obligations Under the Proposed Families First Coronavirus Act (H.R. 6201),” March 30, 2020
• “AF COVID-19 Podcast: Auto Dealers & Stay at Home Orders,” March 27, 2020
• “Impact of State and Local Orders on California Car Dealers and Repair Facilities,” Arent Fox Alert, co-author, March 26, 2020
• “COVID-19 Update: Status of State and Local Orders,” Arent Fox Alert, co-author, March 24, 2020
• “Online Vehicle Sales, Remote Selling and Home Delivery,” Arent Fox Alert, co-author, March 24, 2020
• “President Trump Signs Bipartisan Coronavirus Relief Bill,” Arent Fox Alert, co-author, March 19, 2020
• “Chinese Investor Relations Presentation,” Los Angeles, CA, November 29, 2018
• “Ethics and Regulations: Who’s at the Wheel?” Los Angeles World Affairs Council’s “Future of the Automobile” Conference, Los Angeles, CA, May 3, 2018
• “Disruptive Influences in the Car Industry,” National Automobile Dealers Association Floor, Las Vegas, NV, March 23, 2018
• “Framework Agreements: The Financial Impact & Legal Issues,” National Association of Dealer Counsel Fall Conference 2017, Chicago, IL, October 23, 2017
• “Privacy, cybersecurity, connected cars and driverless vehicles,” Westlaw Journal Automotive, November 29, 2016
• “Disruption and The Future of the Automotive Industry,” Southern California Honda Dealer’s Conference, Santa Barbara, CA, July 23, 2016
• “Current Buy-Sell Environment,” 3rd Annual Dealership Buy/Sell Summit, Las Vegas, NV, March 30, 2016
• “Auto Distribution: Current Issues & Future Trends,” FTC Workshop: Auto Distribution: Current Issues & Future Trends, Washington DC, January 19, 2016
• “Automotive Industry Legal Update: Recalls, Pay Plans, and Top Issues Facing Dealers,” Southern California Honda Dealer’s Conference, Newport Beach, CA, July 11, 2015
• “Recall Madness,” National Association of Dealer Counsel’s Fall Conference, Chicago, IL, October 27, 2014
• “Internet Advertising and Marketing,” National Association of Motor Vehicle Boards and Commissions’ 2014 Fall Workshop, San Diego, September 18, 2014
• “Recent Automotive Legal Trends: Technology, Recalls, Lawsuits & Arbitrations,” Southern California Honda Dealer’s Conference, Newport Beach, CA, July 12, 2014
• “CFPB activity should be a lesson for auto lending industry,” Daily Journal, co-written with Melanie Joo, June 30, 2014
• “Heroes, villains and Tesla’s dealer battles,” Daily Journal, April 18, 2014
• “What is an Autonomous Vehicle (AV)? Google’s prototype,” New Motor Vehicle Board’s 10th Industry Roundtable, Sacramento, CA, March 14, 2013
• “Avoid Fraud and Embezzlement in Your Dealership,” NADA Convention & Expo 2013, Orlando, Florida, February 8–11, 2013
• “‘Subtle’ Conflict of Interest in US-China Dispute at WTO,” Daily Journal, co-written with Nancy Noonan, October 8, 2012
• “International Dealerships,” National Association of Motor Vehicle Boards and Commissions’ 2012 Fall Workshop, Alexandria, VA, September 20, 2012
• “2012 Legal Forms and Update,” GM CFO 20 Group Conference, Dana Point, CA, July 2012
• “The Arent Fox and AAS New Laws Workshop,” Universal City, CA, June 19, 2012
• “Class Action/Employment,” 2012 8th Annual NADC Member Conference, Scottsdale, AZ, May 1, 2012
• “Woman Will Win in Small Claims Court, California Honda,” VOA News, February 8, 2012
• “Forward Trends with Dealer Presence on the Internet: Third Party Web Portals vs. Regulatory Hurdles,” 2011 National Association of Motor Vehicle Boards and Commissions Fall Workshop, Reno, NV, October 2011
• “Class Action Webinar,” May 26, 2011
• “Class Action Lawsuits: Proactive and Reactive Measures,” 2011 National Association of Dealer Counsel Annual Member Conference, Chicago, IL; April 4, 2011
• “Manufacturer/Distributor Pressure to Upgrade Facilities,” New Motor Vehicle Board’s Industry/Attorney Roundtable, Sacramento, CA; March 30, 2011
• “Dealership Acquisitions and Due Diligence,” Los Angeles, CA, November 3, 2010
• “Risk Management,” Annual Conference of National Alliance of Auto Dealers Advisors, Dana Point, CA, November 1, 2009
• “The Future of UNICAP Compliance,” Transmission, co-written with Robin C. Gilden, October/November 2009
• “From Old to New – Regulation in a Post-Economic Collapse World,” Annual Conference of the National Association of Motor Vehicle Boards and Agencies, Charlotte, NC, October 4, 2009
• “Auto Industry Best Practices/Litigation Risk and Prevention,” Los Angeles, CA, September 22, 2009
• “Senate Bill 424, a Ray of Hope,” Transmission; July/August 2009
• “The Bankruptcy Weekly,” National Association of Dealer Counsel, co-written with Lawrence A. Katz, Stephen K. Gallagher, Victor P. Danhi, Melanie S. Joo, and Kristen E. Burgers, July 22, 2009
• “Auto Dealers’ Uphill Battle,” Daily Journal, July 20, 2009
• “What a Difference a Year Makes / New Opportunities in the Auto Industry,” Southern California Honda Dealers Conference, July 17, 2009
• “The Bankruptcy Weekly,” National Association of Dealer Counsel, co-written with Lawrence A. Katz, Melanie S. Joo, and Kristen E. Burgers, July 15, 2009
• “The Bankruptcy Weekly,” National Association of Dealer Counsel, co-written with Lawrence A. Katz, Kenneth J. Murphy, David C. Meyer, Kristen E. Burgers, and Melanie S. Joo, July 8, 2009
• “The Bankruptcy Weekly,” National Association of Dealer Counsel, co-written with Lawrence A. Katz, Rebecca M. Aragon, Kristen E. Burgers, and Melanie S. Joo, July 1, 2009
• “The Bankruptcy Weekly,” National Association of Dealer Counsel, co-written with Lawrence A. Katz, Kristen E. Burgers, and Melanie S. Joo, June 24, 2009
• “The Bankruptcy Weekly,” National Association of Dealer Counsel, co-written with Lawrence A. Katz, Melanie S. Joo, Kristen E. Burgers, and Kenneth J. Murphy, June 17, 2009
• “The Bankruptcy Weekly,” National Association of Dealer Counsel, co-written with Lawrence A. Katz, Dana C. Nifosi, Stephen K. Gallagher, Kristen E. Burgers, and Melanie S. Joo, June 10, 2009
• “The Bankruptcy Weekly,” National Association of Dealer Counsel, co-written with Lawrence A. Katz, Michael J. Volpe, and Kenneth J. Murphy, June 3, 2009
• “Bankruptcy, Employment and Franchise Issues,” Greater New York Auto Dealers’ Association, May 7, 2009
• “Dealers Beware: The Employee Free Choice Act and the RESPECT Act,” Dealer Magazine, Vol. 16, No. 1, co-written with Michael J. Volpe and Shaffin A. Datoo, January 2009
• “Class Action Assessment & Prevention – Avoid the Lights Out Lawsuit” complimentary webinar, May 21, 2008
• “New York Legislature Takes Aim at Dealership Pay Plans,” DealersEdge Car Dealer Insider; May 15, 2008
• “Dissecting the LAW® 553-CA Retail Installment Sale Contract,” National Association of Dealer Counsel, Irvine, CA, February 28, 2008
• “Dealer Education as a Complement to the Agency’s Regulatory Role,” Fall Workshop of National Association of Motor Vehicle Boards and Commissioners, Portland, ME, October 21–24, 2007
• “Class Action Litigation,” Colorado Dealer Management and Leadership Summit, Denver, CO, August 15, 2007
• “Class Action Litigation Resulting from Non-Disclosure,” National Auto Industry Defense Counsel Meeting, Baltimore, MD, November 10, 2006
• “Class Action Litigation,” Recreational Vehicle Dealers’ Association Meeting, Rancho Mirage, CA, November 8, 2006
• “F&I Menus and the Car Buyer’s Bill of Rights,” Transmission, October 26, 2006
• “Pause in Auto Lease Action About to Come to an End,” Los Angeles Daily Journal, August 18, 2006
• “California Car Dealers Brace For Continuation of Auto Lease Test Case,” DealersEdge Car Dealer Insider, August 15, 2006