REPRESENTATIVE EXPERIENCE
Jennifer H. Thiem
COMMERCIAL LITIGATION AND DISPUTES
Representation of energy companies in defense of claims brought the by the City of Charleston alleging the oil industry misled consumers by failing to disclose its role in the generation of greenhouse gas emissions that contribute to climate change.
Represented debtor in possession in adversary proceeding involving an anchor tenant's breach of commercial lease. The adversary was settled resulting in the resolution of all claims in bankruptcy and the attendant adversary proceedings, actually yielding a return to equity holders following satisfaction of all creditors
Defended hospital system in putative class action alleging that hospital failed to submit medical bills to private insurance and instead billed directly to patient when patient identified as likely to receive a recovery from a third party for injuries
Representation of healthcare REIT in connection with various disputes stemming from real estate portfolio
Represented commercial tenant in connection with a dispute involving the exercise of its lease renewal
Represented client in connection with trade secret dispute against former employees
Represented client in connection with LLC membership dispute and ensuing settlement that involved sale and assignment of membership shares
Represented client in connection with trade secret dispute against potential investor in client's business
Represented client in litigation against former employee and vendors regarding unlawful kickbacks
Defended manufacturer in trade secret matter/preliminary injunction matter in which client hired competitor's employee who was alleged to have misappropriated confidential documents from competitor after resigning from employment
Defense of client in connection with employment dispute alleging that employer failed to compensate former employee per agreement
Obtained dismissal on behalf of a foreign corporation in lawsuit alleging corporation and its directors failed to compensate a consultant for its role in procuring investments in corporation's business
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
Defended financial services company in case alleging trespass, sham legal process, violation of South Carolina Unfair Trade Practices Act, negligence
Defense of agent in dispute 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
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
INSURANCE COVERAGE
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
Assisted clients with insurance due diligence in connection with mergers and acquisitions, including advice regarding continuity of insurance coverage post acquisition
Represented health care client in securing payment for loss under representations and warranties insurance policy
Represented renewable energy company in coverage dispute involving representations and warranties insurance policy
Representation of client in post-closing dispute alleging stockholders breached their representations and warranties in the acquisition agreement
Review proposed insurance program to confirm compliance with the insurance requirements of a commercial loan agreement
Assisted client in obtaining a defense under an employment practices liability policy
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
Counseled 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 client regarding potential insurance coverage for cyber breach under commercial general liability policy and commercial property policy
Advised policyholder regarding coverage for potential employment liabilities under directors and officers liability and commercial liability policies
Counseled financial services client regarding coverage under title insurance policy and assisted with insurance claim
Advised hospital in negotiating insurance and indemnity provisions in construction contract
Advised policyholder regarding implications of potential settlement of a worker's compensation matter
