Insights on Managing Automotive Regulatory Compliance

ArentFox Schiff represented long-time client McKenna Automotive Group in selling its Subaru of Huntington Beach dealership to Sutherlin Automotive Group, an Alabama based dealership group.

Whether by pleading or contractual provisions, New York practitioners face the risk of surrendering a client’s right to a jury trial with unsettling ease. This article exposes these procedural snares by: first, introducing the statutory mechanism found in CPLR 4101 that is central to jury waiver by pleading and explores how merely asserting equitable or declaratory judgment claims can forfeit the right to a trial by jury; second, it surveys the enforceability of pre-dispute contractual jury waivers, highlighting New York’s willingness to extend such clauses beyond pure contract claims and juxtaposing that stance with less accommodating jurisdictions; and finally, it distills practical drafting and motion practice strategies designed to help practitioners preserve (or strategically eliminate) the jury right. By charting these intersecting doctrines – and the hidden pitfalls they create – this article aims to arm litigators and transactional lawyers alike with the vigilance necessary to avoid stumbling into an unintended waiver.

The firm’s Automotive group sponsored and presented at the National Association of Dealer Counsel (NADC) 2025 Fall Conference, held in Chicago from October 19–21, 2025. The NADC Fall Conference convenes leading professionals from across the automotive industry for a comprehensive educational program focused on the latest trends, emerging challenges, and key legal considerations shaping the automotive dealership landscape. Attendees benefit from engaging, practitioner-led sessions and robust opportunities to exchange insights on a wide range of dealer-related issues.

In this episode of Baker Tilly’s “Up to Speed” podcast, our partner Mike McMahan shares his insight on the legal considerations dealerships must address as they integrate AI solutions into their operations.

With 2024 underway, we highlight some of the most pressing legal issues facing the automotive industry this year, including a surprise Federal Trade Commission (FTC) rule, changes to manufacturer direct-to-consumer sales, and federal pressure on the electric vehicle (EV) industry.

Generative AI is already an integral part of the automotive industry, playing a significant role in enhancing Advanced Driver Assistance Systems (ADAS) and making it possible for drivers to interact with their vehicles.

In today’s podcast episode, Aaron Jacoby welcomes back Kim Linebarger and Lewis Fisher from Moss Adams to talk about how auto dealers can prevent and detect fraud in their businesses.

California is paying closer attention to ensure that unclaimed property at your dealership is actually turned over to the State.

With the COVID-19 pandemic, dealers are handling complicated health and business issues. We talked with Aaron Jacoby about the impact of FMLA amendments and how they are designed to provide relief for employees and employers. 

Consumers are stuck at home. How does business continue? We talked with Aaron Jacoby and Russ McRory about the impact of state and local “Stay at Home” orders in California and New York and how dealers and manufacturers can navigate the COVID-19 pandemic.

Arent Fox LLP is pleased to announce the launch of Managing Automotive Compliance, a regulatory, auditing, and consulting service that will help auto industry clients manage their regulatory needs.