While a proposed border adjustment tax on goods including cars and trucks appears to have been pulled off the political stove by House Republicans, the North American Free Trade Agreement is still on a burner. A new study commissioned by the Motor & Equipment Manufacturers Association and conducted by Boston Consulting Group suggests that the U.S. leaving NAFTA would drive up prices of vehicles sold in the U.S. through suggested tariffs on autos and auto parts coming into the U.S. from Canada and Mexico. A renegotiation of NAFTA, however, could benefit the auto industry, said Ann Wilson, senior vice president for government affairs for the association.
Aaron H. Jacoby
Aaron Jacoby is the managing partner of Arent Fox's Los Angeles office and chair of the firm’s automotive industry practice group. He focuses his practice on class actions and consumer litigation, unfair competition, federal and state regulatory matters, and government investigations affecting the automotive industry. Aaron’s industry focus and broad-based litigation and business experience enable him to counsel clients on a wide variety of operational, regulatory and litigation avoidance issues and to offer pragmatic solutions to the legal challenges they face.
Aaron was recognized by the Daily Journal as one of the “Top 100 Lawyers” in California in 2009 and 2010. In 2011, the Daily Journal also selected the automotive industry practice group as one of the “Top 5 Practices” in California.
Aaron has been listed in Chambers USA in 2012 and 2013 for the practice of Transportation.
Aaron represents many of the industry's largest players in a wide variety of both litigation and business matters nationally. He has taken the lead role in significant class actions and other complex litigation, including the Trygar class action filed against every new motor vehicle dealer in the state of California. His representative work also includes:
- Defending multiple agency government investigations
- Defending multi-plaintiff collective employment actions
- Serving as special counsel in multistate consumer fraud class actions
- Providing professional witness analysis/testimony in unfair business practice matters
- Leading franchise litigation on behalf of dealers
- Directing regulatory mapping for 50 state and federal sales, and licensing and marketing practices for national brands and dealer groups
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, and Recognitions
Aaron speaks and writes frequently regarding issues affecting the automotive industry. His articles and presentations include:
- “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
Bar & Court Admissions
US District Court, Northern District of California
US Court of Appeals, 9th Circuit
US District Court, Central District of California
University of San Francisco School of Law, JD, 1988
University of California, Santa Cruz, BA, 1983
Blog Posts by Aaron H. Jacoby
United Auto Workers President Dennis Williams said he is “confident” the union can win a vote at Nissan’s Canton, Mississippi, plant early next month, which would mark a major victory for the union in its attempts to organize in the South. Williams, who met with members of the media at the union’s headquarters in Detroit, said he feels at the moment that the vote will pass, but cautioned that “any campaign you do is an ongoing evaluation.” He said the UAW has received reports of Nissan employees intimidating plant workers that the Canton factory could close, or other things would change if the plant was unionized.
The president of the United Auto Workers union said the union is talking with General Motors Co about the potential threat to plants and jobs from slumping U.S. car sales. "We are talking to (GM) right now about the products that they currently have" at underused car plants such as Hamtramck in Michigan and Lordstown in Ohio, and whether they might be replaced with newer, more popular vehicles such as crossovers, Dennis Williams told reporters. "We are tracking it (and) we are addressing it," Williams added.
ABOUT ARENT FOX LLP
Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.