ATTORNEY BIOGRAPHY Kymberly Kochis Partner New York P: +1.212.389.5068 E: kymberlykochis@eversheds-sutherland.com Education J.D., Fordham University School of Law B.A., Fordham University Bar Admissions New York Pennsylvania Background Kym Kochis counsels insurers on a wide range of litigation and corporate governance matters and advises clients facing government inquiries and investigations. Her extensive knowledge of the insurance industry provides for deft representation of insurers opposing complex class action litigation. She regularly handles matters involving unfair trade practices, consumer fraud, antitrust, ERISA and policy coverage issues, as well as complex breach of contract and tort claims. Kym also counsels clients confronted with investigations by the U.S. Securities and Exchange Commission, U.S. Attorney Offices, Departments of Insurance and Offices of State Attorneys General. Matters of such investigations include Office of Foreign Assets Control (OFAC) requirements, money laundering, finite reinsurance, market timing/late trading, contingent compensation, pay-to-play arrangements and various compliance-related issues. In tune with emerging issues affecting the industry, Kym regularly authors publications about autonomous vehicles and electronic transactions, as well as insurance business practices and class action defense. Most recently, she provided supplementary testimony on Rule 23(f) of the Federal Rules of Civil Procedure. Kym joined Eversheds Sutherland (US) from an international law firm in New York, where she was a partner and co-chair of the insurance litigation and regulatory practice. She previously was an attorney at Dewey & LeBoeuf LLP. Earlier in her career, Kym gained significant experience in the London Market during a secondment with a leading Lloyd s of London syndicate. There, she was responsible for all aspects of the syndicate's major claims, which included directors and officers (D&O), professional liability, property and marine claims. Her duties also involved providing U.S. compliance and regulatory advice, responding to all Department of Insurance inquiries and collaborating with the syndicate s underwriters to develop U.S. policy wording. Experience Counseled Progressive Casualty Insurance Corp. and related entities in 18 antitrust actions and a RICO class action consolidated in an MDL proceeding in Florida alleging a conspiracy among insurance companies relating to automobile repair labor rates. Represented Progressive Casualty Insurance Co. and Progressive Direct Insurance Co. in a class action alleging unfair business practices under Connecticut's Unfair Trade Practices Act (CUTPA/CUSPA), tortious interference and unjust enrichment.
PAGE 2 Defends a property and casualty auto insurance carrier in three similar cases in Missouri, Georgia and Tennessee state courts against claims that it sold illusory insurance coverage. Defended a large property and casualty insurer in putative class action in the District of Maryland asserting breach of contract and injunctive relief. Represented a large property and casualty insurer under civil and criminal investigation by the New York Attorney General and other state and federal governmental agencies relating to bid rigging and finite reinsurance allegations. Represented a major property and casualty insurer in class action opt-out cases alleging violations of federal and state antitrust laws relating to the issuance of excess casualty policies. Represented a major property and casualty insurer in the defense of a federal antitrust and RICO class action. Defended an insurer in a putative class action in Illinois federal court alleging violation of Illinois's consumer protection statute. Secured complete dismissal of New York General Business Law and other causes of action, including tortious interference and injurious falsehood, for a leading auto insurer. Won summary judgment for a leading auto insurer in a case alleging breach of contract and violations of New York's unfair trade practices statute, GBL 349. Won summary judgment on 10 causes of action in a complicated business practices dispute brought by several auto body repair shops and individuals against Progressive. Won dismissal of a putative class complaint alleging bad faith, breach of fiduciary duty and unfair trade practices violations, which was upheld by the Third Circuit. Secured dismissal for Progressive Northwestern Insurance Company in an action alleging antitrust, breach of contract, fraud, violations of New York General Business Law 349 and tortious interference. Won dismissal of an Unfair Trade Practices Act claim on a motion to dismiss in the U.S. District Court for the Middle District of Tennessee. Awards Recognized by Chambers USA: Guide to Leading Business Lawyers in the area of insurance: dispute resolution: insurer (2017) Professional Activities Member, Law 360 Insurance Editorial Advisory Board
PAGE 3 Articles Second Circuit Clarifies Cross-Border Reach of Fifth Amendment Protections (November 13, 2017) How Automated Vehicles are Disrupting Insurance (May 30, 2017) Key Takeaways from Artificial Intelligence in the Driver s Seat Event (May 3, 2017) Solving the Uninsured Driver Conundrum with Technology (May 2, 2017) Expansion of Jurisprudence Under New Class Action Bill (March 16, 2017) Emerging Risks in Auto Technology (December 1, Property Casualty360 and Claims Magazine What the Supreme Court Giveth, the CFPB Taketh Away (July 18, New Risks on the Road: Automated Vehicle Hacking (July 5, Rewriting the Rules of the Road for Automated Driving (June 9, Claims Magazine and PropertyCasualty360.com Class Waiver Provisions: Where We ve Been and Where We re Heading (March 28, Five Actions Auto Insurers Should Take to Thrive in the Autonomous Tech Boom (March 25, Five Legal Decisions that Impacted the Insurance Industry (December 1, 2015) Claims Magazine and PropertyCasualty360.com 2015 Amendments to the Federal Rules of Civil Procedure (November 24, 2015) U.S. Supreme Court to Address Class Action Standing in Upcoming Term (November 2, 2015) Lawyers Perspective: Unclaimed Property Actions, Cyber Blackmail Ranked Among Insurance Issues to Watch (September 21, 2015) Guide to Preventing Class-Action Disasters Arising from Natural Catastrophes (April 4, 2013)
PAGE 4 An Assessment of CAFA and the Future of Class Action Reform (December 21, 2012) The Metropolitan Corporate Counsel Bridge the Gender Gap (February 6, 2012) The Progress of E-Discovery (February 1, 2012) For The Defense Five Compliance Issues Confronting Insurers in 2012 (January 13, 2012) Corporate Compliance Insights Three Steps Insurers Can Take to Avoid Class Action Litigation Stemming from Natural Disasters (October 10, 2011) PropertyCasualty360 Circuits Split on Standard for Removal under CAFA (September 8, 2011) Recognizing the Complexities of E-Discovery Preservation (December 22, 2010) DRI Presentations Transportation Disrupted: Artificial Intelligence in the Driver s Seat (May 3, 2017) Webcast: Understanding and Defending State Consumer Protection Actions (September 29, Webcast: Today s Global World: Issue-Spotting in International Internal Investigations (June 15, Big Data and Predictive Analytics: Lessons from the P&C World (May 16, Association of Life Insurance Counsel (ALIC) Annual Meeting Webcast: Privilege: A Lawyer s Best Friend and Biggest Headache (March 23, Webcast: Insurance Litigation Trends to Watch in 2016 (February 18, Webcast: Science Fiction to Reality: The Future of Automobile Insurance and Transportation Technology (October 13, 2015) Conducting Effective Internal Investigations into Potential Money Laundering Activity, Fraud, Sanctions Violations or FCPA Violations (January 21, 2014) American Conference Institute 4th Annual Forum on AML/OFAC Compliance for Insurance Spoliation and Preservation of Evidence in the Salvage Context (May 23, 2013) American Salvage Pool Association 2013 Conference & Industry Symposium
PAGE 5 Breaking New Ground: Insurance and the Electronic Culture (May 8, 2013) 2013 National Association of Insurance Commissioners / National Insurance Producer Registry E-Reg Conference An Assessment of CAFA and the Future of Class Action Reform (November 29, 2012) Lawyers for Civil Justice Meeting Litigation against Auto Insurers as Defendants (August 31, 2012) Auto Insurance Legal Considerations Seminar Court Admissions U.S. District Court for the Northern, Eastern and Southern District of New York U.S. District Court for the Eastern District of Pennsylvania U.S. District Court for the District of Colorado U.S. Court of Appeals for the Second Circuit U.S. Court of Appeals for the Third Circuit U.S. Supreme Court U.S. Court of Appeals for the Ninth Circuit