Star Employee Left? How Preemptive Collections Reduce Risk and Improve Case Outcomes

September 2024 • Source: Envista Forensics

The following scenario is all too common.

A high-powered employee leaves a company. Months later, the company suspected that the employee stole sensitive data on the way out the door because the CFO noticed a meaningful revenue reduction from the accounts the employee was responsible for.

Unfortunately, that employee's laptop, desktop, and company phone have all been wiped and reissued to new employees. The evidence of potential wrongdoing is gone, as is the company's recourse against the former employee.

As a expert with years of experience in high-stakes litigation, I've seen firsthand how the evidence landscape has shifted dramatically in our digital age.

Today, I want to discuss a critical strategy that can make or break a case: pre-emptive collections. This approach is not just about being prepared; it's about safeguarding your client's interests and ensuring the integrity of digital evidence from the outset.

View the full article.

Kimberly K. Hardeman to Lead the 51st Annual Trial Academy

August 2024 • Source: Lederer Weston Craig PLC

The IADC is pleased to announce Kimberly K. Hardeman as the 2025 Trial Academy Director. 

As the “Crown Jewel” of the IADC, the Trial Academy is one of the oldest and most respected programs for developing defense trial advocacy skills. Perfect for those looking to learn and practice the fundamentals and for those seeking to refine their techniques and tactics and take their trial skills to the next level, students will learn by doing. This week-long intensive workshop blends faculty instruction and demonstration with individual student participation in the setting of a mock trial.

The 50th Annual Trial Academy just concluded at the beginning of August. Next year’s program will happen late July/early August – details to come.

Kimberly K. Hardeman is a member of Lederer Weston Craig PLC (LWC). LWC is a boutique trial practice firm with offices in Cedar Rapids and West Des Moines, Iowa. She is a graduate of Drake University Law School and St. Cloud State University where she was a collegiate volleyball player, captain, and 4-year letter winner. She practices law in the areas of automobile liability, personal injury litigation, products liability, commercial litigation, and professional liability. Hardeman also received additional training and education through the Mediation Skills Training program at Northwestern University School of Professional Studies in 2015.   

Hardeman has been and continues to serve as a member and leader in many professional groups. She is a Fellow in the American College of Trial Lawyers and serves on the executive committee for the Iowa Chapter; is a Fellow in the Iowa Academy of Trial Lawyers, and Past President of the Iowa Chapter of ABOTA;  is a member of the Iowa State Bar Association, and a member of the Iowa Defense Counsel Association. Hardeman has been a member of the International Association of Defense Counsel since 2010. She was selected to serve as a faculty instructor with the Chuck Cole All Stars at the IADC Trial Academy in 2013 at Stanford University. She was the Director-Elect of the IADC Trial Academy in 2024. She has served as the Vice Chair for Diversity for the In-House and Law Firm Management Committee for several years. 

Kim and her husband Jay reside in Cedar Rapids, Iowa.  

Gallagher Sharp Attorney Markus Apelis Designated as Proctor in Admiralty by Maritime Law Association of the United States

May 2024 • Source: Gallagher Sharp

Gallagher Sharp is proud to announce that Markus Apelis, head of the firm's admiralty and maritime practice group, has been designated as a Proctor in Admiralty by the Maritime Law Association of the United States (MLA). This prestigious designation recognizes Markus' significant contributions to the field of maritime law and his dedication to advancing the administration of justice in admiralty matters.

The MLA is a distinguished organization comprising lawyers, judges, law professors, and non-lawyers who hold responsible positions in the maritime field. Membership in the MLA is open to attorneys admitted to practice before any of the several courts of the United States and who have demonstrated a strong interest in the objectives of the Association. The title of Proctor in Admiralty is the highest membership category for practicing lawyers and is awarded only after meeting stringent professional and educational requirements.

Markus Apelis leads Gallagher Sharp's admiralty and maritime practice group. For over a decade, he has represented vessel owners and operators in serious marine casualties, including crew injury or death, collisions, allisions, groundings, and fires. Markus also represents shippers, charterers, logistics providers, and others in cargo claims and contractual disputes, as well as marine facilities against property damage and personal injury claims. His practice extends to personal injury or property damage matters arising out of the use of personal watercraft.

"We are thrilled to congratulate Markus on this well-deserved recognition," said Gallagher Sharp’s Managing Partner Monica Sansalone. "This appointment is a testament to his extensive knowledge, experience, and dedication to the field of maritime law. We are confident that Markus will continue to provide exceptional service to our clients and make significant contributions to the advancement of admiralty law."

The term "Proctor in Admiralty" has a rich history, dating back to the Admiralty Courts set up in England in the 13th century. The designation was continued in the American colonies, and although the term is no longer in official usage in
the federal court system, many associations use it to distinguish their members as practicing maritime attorneys.

“I am honored and humbled to receive the recognition of the MLA as a Proctor in Admiralty,” says Markus. “I am grateful for the support of our clients, industry partners, and the maritime bar, and look forward to continuing our work with all of them.”

For more information about Gallagher Sharp and its admiralty and maritime practice, please visit gallaghersharp.com.

Zarwin Baum Trial Win

April 2024 • Source: Law.com

A Philadelphia jury on Thursday returned a $6.1 million verdict to a worker crushed by a pallet of exercise weights.

But the award was only a fraction of what the plaintiffs had estimated the value of the case to be.

According to attorneys involved in the matter, the plaintiff’s settlement demand at trial was somewhere between $51 million and $101 million.

Lead counsel for the defendant, Theodore Schaer of Zarwin Baum DeVito Kaplan Schaer Toddy, said the jury’s comparatively modest award of $6.1 million was significant for a city he described as seeming like “the capital of nuclear verdicts.”

Schaer said Philadelphia’s reputation as a hotspot for large verdicts can lead to unreasonable estimations of a case’s value. “It has gotten to the point where you can’t even mediate a case because the demands are so crazy today,” he said.

However, he said, the Thursday verdict in Kobeissi v. Shipwire demonstrates that “not every catastrophic injury case in Philadelphia is going to return a nuclear verdict.”

Attorneys for the opposing parties gave differing accounts to The Legal of what the plaintiff’s ultimate settlement demand was, though both said the numbers shifted during trial based on updated information about the defendant’s insurance coverage.

Saltz Mongeluzzi Bendesky partner Jeffrey Goodman, who represented the plaintiff, contended that the demand was $51 million, while Schaer asserted that the demand was $101 million by the time the case went to verdict.

Plaintiff Samer Kobeissi claimed his lower body was crushed by a double-stacked pallet of Peloton weights that fell while he was unloading it from a truck. He alleged that defendant Ingram Micro Inc., which loaded the cargo into the truck, ignored warnings that double stacking the pallets was dangerous.

Kobeissi said he required extensive pelvic surgery following the accident and was left with chronic pain and impaired mobility.

According to Schaer, Ingram Micro admitted negligence and acknowledged that Kobeissi had suffered a catastrophic injury. But the defendant also asserted that Kobeissi contributed to his injuries by trying to move the pallets although he was not trained in the proper unloading process.

“We talked to the jury a lot about personal responsibility,” Schaer said.

The jury determined that defendant Ingram Micro, which Schaer represented alongside co-counsel Gregory Mallon Jr., was 80% responsible for the plaintiff’s harm. The jury assigned 0% liability to a second defendant and the remaining 20% to Kobeissi.

The jury was also presented with an opportunity to award punitive damages against Ingram Micro, but it declined to do so.

The verdict followed a three-week trial before Judge Vincent Johnson of the Philadelphia Court of Common Pleas, though the proceedings had originally only been scheduled to last 9 days.

“This was a long trial,” Goodman said, “and I will give the court credit for battling through to ensure the parties all had their day in court.”