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Jennifer H. Thiem

Partner
+1.843.579.5638
Fax +1.843.579.5601
Ms. Thiem is a partner in the firm’s Charleston office. Her practice focuses on complex commercial litigation and insurance and risk management counseling.

In her commercial litigation practice, Ms. Thiem has represented a diverse group of clients as plaintiffs and defendants in both state and federal courts. Ms. Thiem has represented clients with a variety of cases, including claims for fraud, negligent misrepresentation, trademark infringement, breach of contract, breach of fiduciary duty, tortious interference with contract, deceptive trade practices and trade secret misappropriation. She also regularly represents consumer financial services institutions in litigation matters in state and federal courts in South Carolina.

Ms. Thiem also provides insurance and risk management counseling for commercial policyholders. Ms. Thiem has counseled clients with respect to coverage or potential claims under a variety of insurance policies, including general liability, directors and officers liability, professional liability, employers liability, representations and warranties and commercial property. With respect to representations and warranties insurance, Ms. Thiem works collaboratively with deal counsel to represent publicly and privately-held companies in the placement and negotiation of representations and warranties insurance policies. Ms. Thiem also works with real estate counsel in drafting and reviewing insurance and indemnification provisions.

Professional Background

Prior to joining the firm, Ms. Thiem practiced business litigation as an associate at a regional law firm in Charleston.

Achievements

  • South Carolina Super Lawyers Rising Star 2013-2015
  • Woodward/White's The Best Lawyers in America, Insurance Law, 2017-2020

Professional/Civic Activities

  • K&L Gates Firm Committees: Women in the Profession Committee; Pro Bono Coordinator, Charleston Office; Recruitment
  • Porter-Gaud School, Board of Trustees, Executive Committee Member
  • Leadership Charleston, Class of 2012
  • Junior League of Charleston, 2006-2009
  • Board of Visitors, Charleston Southern University, 2009-2012
  • Charleston Symphony Orchestra, Business Development 2007-2008
  • Representation of indigent clients in various pro bono matters, including participation in the Crisis Ministries Legal Clinic (2006-2008), assistance with domestic adoptions, serving as guardian ad litem in conservatorship and guardianship proceedings, and prosecution of § 1983 cases
  • South Carolina Bar
  • Charleston County Bar Association
  • Federal Bar Association

Speaking Engagements

  • Panelist, Outside the Lines: Practical and Strategic Considerations in Avoiding, Prosecuting and Defending Against the Bad Faith Claim, American Bar Association Tort Trial & Insurance Practice 27th Annual Insurance Coverage Litigation Midyear Conference
  • Speaker, Cybersecurity: How to Prepare and Protect Your Company, January 2019
  • Speaker, Starwood, Voya Financial Advisors and GDPR: What Corporate Practitioners Need to Know about Using Insurance for Cyber Liabilities, January 2019
  • Moderator, iTs|SC Executive Speaker Series, Cybersecurity & Insurance, December 7, 2018
  • Panelist, Crisis Management, K&L Gates Conversation Series, Charleston, SC, November 8, 2018
  • Speaker, Preparedness for Natural Disasters, NSSGA Legal Symposium, March, 2018
  • Speaker, Top Five Issues Busy Practitioners Should Know About Insurance, K&L Gates Breakfast Conversation, March, 2018
  • Speaker, Transaction Liability Insurance: A Strategic Approach to Deal Risk Management, October 2017
  • Speaker, Insurance Coverage: The Basics of What You Need to Know, K&L Gates Boardroom Conversation Series, September 2016
  • Speaker, Additional Insured Coverage: Achieving Your Intended Risk Allocation, South Carolina Association of Corporate Counsel Midyear Meeting, June 2016
  • Panelist, Cybersecurity: Managing the Risks, November 2014
Commercial Disputes
  • Representation of debtor in possession in adversary proceeding involving anchor tenant's breach of commercial lease. The adversary was settled resulting in the resolution of all claims in bankruptcy, actually yielding a return to equity holders following satisfaction of all creditors
  • Obtained dismissal on behalf of a foreign corporation in federal lawsuit alleging corporation and its directors failed to compensate a consultant for its role in procuring investments in corporation's business
  • Represented client in connection with LLC membership dispute and ensuing settlement that involved sale and assignment of membership shares
  • Defended manufacturer in trade secret matter/preliminary injunction matter in which client manufacturer hired competitor's employee who was alleged to have misappropriated confidential documents from competitor after resigning from employment
  • Represented client in connection with trade secret dispute against potential investor in client's business
  • Defense of client in connection with employment dispute alleging that employer failed to compensate former employee per agreement
  • Defense of agent in federal court litigation alleging misappropriation of business opportunity, breach of contract, breach of covenant of good faith and fair dealing, breach of contract accompanied by fraudulent act, breach of fiduciary duty, negligent misrepresentation, civil conspiracy and violation of South Carolina Unfair Trade Practices Act
  • Defense of hospital system is putative class action in South Carolina alleging improper billing and business practices
  • Representation of client in litigation filed in federal court against former employee and vendors regarding unlawful kickbacks
  • Represented client in post-closing dispute alleging stockholders breached their representations and warranties in the acquisition agreement
  • Represented clients in business disputes involving claims such as RICO, civil conspiracy, unfair trade practices, breach of fiduciary duties and fraud
  • Represented commercial creditors in collection matters, including supplemental proceedings, enforcement of personal guaranties and foreclosure of real property
Financial Services Litigation
  • Successfully defended financial services company after writ of certiorari was granted in a contested foreclosure to review the trial court's dismissal of borrower's foreclosure defenses and counterclaim
  • Obtained summary judgment for financial services company in breach of contract action involving allegations of improper refusal to allow a short sale
  • Defended financial services companies in cases involving allegations regarding premature repossession of foreclosed property
  • Defended financial services company in case alleging trespass, sham legal process, violation of South Carolina Unfair Trade Practices Act, negligence. The sham legal process and South Carolina Unfair Trade Practices Act were dismissed on summary judgment
Insurance Coverage
  • Advised client regarding potential insurance coverage for cyber breach under commercial general liability policy and commercial property policy
  • Represented policyholder seeking coverage for liabilities under numerous commercial liability policies in commercial dispute
  • Counseled financial services client regarding coverage under title insurance policy and assisted with insurance claim
  • Advised policyholder regarding commercial property insurance company's classification of Unmapped/Zone D situated property as Zone A property and coverage implications relating to same
  • Advised client regarding potential insurance claims for violations of the Advisor's Act and investment agreement and costs of recovery under various investment advisor insurance policies
  • Advised hospital in negotiating insurance and indemnity provisions in construction contract
  • Review proposed insurance program to confirm compliance with the insurance requirements of a commercial loan agreement
  • Counseled policyholder regarding coverage for potential employment liabilities under directors and officers liability and commercial liability policies
  • Counseled company in reviewing and suggesting improvements to existing insurance program
  • Advise deal teams regarding transfer and ownership of insurance policies in connection with mergers and acquisitions
  • Assist deal teams with insurance due diligence and other issues related to historical liabilities
  • Assist clients in the purchase of "tail" / run-off coverage post-closing
  • Represented publicly and privately-held entities in connection with the underwriting and placement of representations and warranties insurance in mergers and acquisitions, including advice on modifying policy language and negotiation of coverage
  • Represented clients in connection with submission of claims under representations and warranties insurance policies