Keith A. Jacoby

Jacoby is the co-chair of his firm’s class action practice group, and has been representing employers in high-stakes class actions and single plaintiff cases throughout his career.

He has served as lead counsel in over 25 trials and arbitrations, and concentrates on representing clients in the high-tech, transportation and retail industries.

Jacoby obtained the first merits arbitration award in the United States after finding that a peer-to-peer Uber Technologies Inc. driver was an independent contractor, rather than an employee.

Jacoby, who is lead counsel on over 200 other arbitrations on this issue pending against Uber, said “this issue is being hotly litigated across the United States in class actions, [Fair Labor Standards Act] collective actions, as well as individual arbitration.”

San Francisco County Superior Court Judge Richard A. Kramer, who has since retired, found that the Uber driver’s ability to choose his own hours, and to work for as long or as little as he chose, undermined his claim of employee status. Gollnick v. Uber Technologies, CGC-15-547878 (San Francisco Super. Ct., filed Sept. 11, 2015).

Other successes include Wheeler v. Del Rey Global Advisors, where Jacoby represented a financial services firm and its majority owner, Paul Hechmer. Hechmer founded Del Rey after managing a highly successful mutual fund, holding over $25 billion in assets.

Claimant Gerald Wheeler alleged Hechmer fraudulently misrepresented his investing record to induce Wheeler to join Del Rey. As a result, Wheeler claimed to have lost over $6 million in unearthed bonuses and wages.

Arbitrator James Adler found for Del Rey and Hechmer, finding no fraud or other illegal conduct.

Jacoby prefers Littler’s working environment over that of firms who take on broader cases due to the fact that there is less competition with other departments.

“Everybody is rolling in the same direction, that’s the magic of Littler,” he said.

— Skylar Dubelko