Kymberly Kochis

Kymberly Kochis: Attorney with Eversheds Sutherland (US) LLP
  • Partner at Eversheds Sutherland (US) LLP (430 Attorneys)
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Biography

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.

Client Tools

•Up to Speed Blog

Awards and Rankings

Recognized by Chambers USA: Guide to Leading Business Lawyers in the area of insurance: dispute resolution: insurer (2017)

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.
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.
Represents automobile insurer in seven putative class actions regarding total loss settlements.

Publications

Legal Alerts

Legal Alert: The impact of Langan v. Johnson & Johnson on nationwide class actions (August 15, 2018)
The US Court of Appeals for the Second Circuit recently closed the door on a potential argument for defendants fighting multi-state class certification. In Langan v. Johnson & Johnson Consumer ...

Legal Alert: Nationwide class actions: dangling on a precipice? (February 8, 2018)
An unexpected decision from the US Court of Appeals for the Ninth Circuit has raised questions about the viability of nationwide class action settlements. What appeared to be a wrapped-up settlement ...

Legal Alert: NHTSA Releases New Automated Vehicle Policy (September 15, 2017)
The US Department of Transportation (DOT) and the National Highway Traffic Safety Administration (NHTSA) this week released Automated Driving Systems 2.0: A Vision for Safety. This updated guidance ...

Legal Alert: Transportation Disrupted: AI in the Driver's Seat (June 5, 2017)
Eversheds Sutherland Lawyers Share Insights on Data Privacy, Cybersecurity, Intellectual Property and other Challenges Raised by Autonomous and Connected Cars On May 3, 2017, Eversheds Sutherland ...

Legal Alert: Blood in the Water: Courts Evaluate Standing in Three Recent TCCWNA Class Actions (April 6, 2017)
The rising tide of class actions alleging violations of New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA, pronounced “tic-wun-uh”) has been a cause of concern for companies ...

Legal Alert: House Approves Controversial Class Action Bill (March 15,2017 )
In Take Two!: Congress Revives the Fairness in Class Action Litigation Act, Eversheds Sutherland discussed the provisions of the Fairness in Class Action Litigation Act of 2017 (H.R. 985; the Act), a ...

Legal Alert: Take Two!: Congress Revives the Fairness in Class Action Litigation Act (March 8, 2017)
This week, the House of Representatives is debating the Fairness in Class Action Litigation Act of 2017 (H.R. 985; the Act), a Republican-sponsored bill that, if passed, will critically change the ...

Legal Alert: Do Not Go Gentle Into that Good Night: Strategies for Defending Against TCCWNA Class Actions (February 6, 2017)
Businesses engaged in advertising and sales practices involving New Jersey consumers have been contending with an increase in the number of class action lawsuits brought under New Jersey’s ...

Legal Alert: Hit ‘em Where They Ain’t - TCCWNA Class Actions Target Broad Range of Consumer-Facing Practices (January 5, 2017)
Consumer-facing businesses that advertise and sell to New Jersey consumers, whether through brick and mortar operations or over the Internet, are being targeted in class action lawsuits under New ...

Legal Alert: Seller Beware? Rise of Consumer Class Actions Under New Jersey’s TCCWNA Statute (December 15, 2016)
Nearly 35 years ago, New Jersey enacted the Truth-in-Consumer Contract Warranty and Notice Act (TCCWNA, pronounced “tic-wun-uh”), which provides additional protection for individual consumers who ...

Articles

Second Circuit Clarifies Cross-Border Reach of Fifth Amendment Protections (November 13, 2017)
New York Law Journal
In the aftermath of the Second Circuit’s July 2017 decision in United States v. Allen, companies operating cross-border should be asking how far the Fifth Amendment’s protections against ...

How Automated Vehicles are Disrupting Insurance (May 30, 2017)
Law360
Eversheds Sutherland’s videocast on insurance and automated technology is featured in Law360. In this video, Eversheds Sutherland (US) Partner Kymberly Kochis and Eversheds Sutherland (International) ...

Key Takeaways from Artificial Intelligence in the Driver’s Seat Event (May 3, 2017)
Eversheds Sutherland has identified key takeaways from its special forum titled Transportation Disrupted: Artificial Intelligence in the Driver’s Seat. Among those findings include:Allocation ...

Solving the Uninsured Driver Conundrum with Technology (May 2, 2017)
Law360
In 1927, Massachusetts enacted the first law mandating the purchase of auto insurance. Nearly a century later, and despite laws on the books in almost every state, 12 percent of drivers are still ...

Expansion of Jurisprudence Under New Class Action Bill (March 16, 2017)
Law360
One key provision of the Fairness in Class Action Litigation Act of 2017 that has not garnered substantial attention affords class action litigants a compulsory right to appeal an order granting or ...

Emerging Risks in Auto Technology (December 1, 2016)
Property Casualty360 and Claims Magazine
Technology is changing the way we interact with the world, whether it is newer and smarter vehicles, a greater ease of communication, or an increase in the data available to help companies better ...

What the Supreme Court Giveth, the CFPB Taketh Away (July 18, 2016)
New York Law Journal
On May 5, 2016, the Consumer Financial Protection Bureau (CFPB) released its much-anticipated and highly controversial proposed regulation on restricting the use of class action waivers and ...

New Risks on the Road: Automated Vehicle Hacking (July 5, 2016)
New York Law Journal
Vehicle technology is advancing at a rapid pace, with fully automated driving the ultimate goal. As a result, the vehicles of today and tomorrow in many ways are more P.C. than Model-T. The sensors, ...

Rewriting the Rules of the Road for Automated Driving (June 9, 2016)
Claims Magazine and PropertyCasualty360.com
Technology is moving faster than the legal system in every industry, and automated driving is no exception. In order for society to manage and apportion the risks associated with automated ...

Class Waiver Provisions: Where We’ve Been and Where We’re Heading (March 28, 2016)
New York Law Journal
Arbitration clauses and class action waivers have become nearly ubiquitous in consumer contracts. This comes as no surprise since the U.S. Supreme Court has issued a string of opinions over the last ...

Presentations

Transportation Disrupted: Artificial Intelligence in the Driver’s Seat (May 3, 2017)
The automobile, in its current iteration, has been in existence for the better part of a century: four wheels, an engine, a steering wheel and a driver. But, what happens when you take the driver out ...

Webcast: Understanding and Defending State Consumer Protection Actions (September 29, 2016)
Consumer protection or unfair and deceptive practices statutes have been enacted in every state in an attempt to protect consumers from predatory, deceptive and unscrupulous business practices. While ...

Webcast: Today’s Global World: Issue-Spotting in International Internal Investigations (June 15, 2016)
Corporate scandals in recent years and the ensuing passage of Sarbanes-Oxley, Dodd-Frank, and other compliance-based legislation have resulted in an increase in company-initiated internal ...

Big Data and Predictive Analytics: Lessons from the P&C World (May 16, 2016)
Association of Life Insurance Counsel (ALIC) Annual Meeting
Sutherland Partners Thomas Curvin and Kymberly Kochis present Big Data and Predictive Analytics: Lessons from the P&C World at the Association of Life Insurance Counsel (ALIC) Annual Meeting on ...

Webcast: Privilege: A Lawyer’s Best Friend and Biggest Headache (March 23, 2016)
Join Sutherland attorneys Mike Nelson, Kymberly Kochis and Alex Fuchs for a webcast on key issues in the world of privilege. The presentation will cover recent developments as well as best practices ...

Webcast: Insurance Litigation Trends to Watch in 2016 (February 18, 2016)
Sutherland attorneys Tom Curvin, Kym Kochis, Lewis Wiener, Phil Stano, Valerie Sanders and Wilson Barmeyer present Insurance Litigation Trends to Watch in 2016 on February 18, 2016. Litigation ...

Webcast: Science Fiction to Reality: The Future of Automobile Insurance and Transportation Technology (October 13, 2015)
Vehicle technology is advancing at an implausible pace rendering what was previously considered science fiction a reality. These technological advances impact many industries, but none more so than ...

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

Breaking New Ground: Insurance and the Electronic Culture (May 8, 2013)
2013 National Association of Insurance Commissioners / National Insurance Producer Registry E-Reg Conference

News

In the News

Smart Cars Could Nudge Insurers on to Hard Shoulder (July 20, 2016)
Reuters and Business Insider
Sutherland Partner Kymberly Kochis is quoted in articles for Reuters and Business Insider regarding the rapid pace at which vehicle technology is advancing. Among other things, the article discusses ...

U.S. Legal System will be a Pothole for Autonomous Vehicles (March 7, 2016)
Law360
Sutherland’s videocast on the legal ramifications of autonomous vehicles is featured in Law360. In the video, Partners Michael Nelson and Kymberly Kochis discuss issues connected to cybersecurity and ...

Words of Wisdom: What You Need to Know as a Summer Associate (June 18, 2015)
Law360
Partners Lewis Wiener and Kymberly Kochis share what they wish they knew as summer associates with Law360. “I wish I had known that every attorney in the firm is a potential client,” said Lew. “As a ...

Press Releases

Eversheds Sutherland Lands Pro Bono Victory: Court Grants Asylum to Clients (October 12, 2017)
Eversheds Sutherland is pleased to announce that a US Department of Justice Immigration Judge has granted asylum to a young Salvadoran woman and her child. The decision resolves the clients’ ...

Industry Leaders Meet to Examine Future of Driverless Vehicles and Artificial Intelligence (May 15, 2017)
NEW YORK-Industry leaders came together at the Harvard Club in New York City for a special forum titled Transportation Disrupted: Artificial Intelligence in the Driver’s Seat. The group, which ...

Sutherland Launches Up to Speed: The Automotive and Insurance Blog (November 17, 2015)
NEW YORK-Sutherland Asbill & Brennan LLP is pleased to announce the launch of its newest blog, uptospeedblog.com. The blog provides vital news relating to automobile insurance, manufacturing, ...

Sutherland Expands Insurance Litigation Practice in New York with Addition of Five Attorneys (June 1, 2015)
NEW YORK-Sutherland Asbill & Brennan LLP announced today that five attorneys have joined the firm’s Insurance Litigation Group in New York, expanding the firm’s service offerings in insurance class ...

Multimedia

Videocast: Connected and Automated Cars: The Federal Government Addresses Cybersecurity and Data Privacy (June 29, 2017)
Connected and automated vehicles are being built with components that enable them to not only access information, but also collect, store and transmit data for performance and safety purposes as ...

Videocast: Insurance and Automated Transportation (May 16, 2017)
The question isn’t whether automated technology will impact the auto insurance industry, but how big that disruption will be and when that disruption will happen. In this Bottom Line videocast, ...

Webcast: Understanding and Defending State Consumer Protection Actions (September 29, 2016)
Consumer protection or unfair and deceptive practices statutes have been enacted in every state in an attempt to protect consumers from predatory, deceptive and unscrupulous business practices. While ...

Webcast: Privilege: A Lawyer’s Best Friend and Biggest Headache (March 23, 2016)
Join Sutherland attorneys Mike Nelson, Kymberly Kochis and Alex Fuchs for a webcast on key issues in the world of privilege. The presentation will cover recent developments as well as best practices ...

Videocast: The U.S. Legal System Will Be a Pothole that Impedes Autonomous Vehicles (March 2, 2016)
The legal ramifications of autonomous vehicles are far reaching and will have an enormous impact in the insurance and automotive industries. The issues connected to cybersecurity and data privacy ...

Webcast: Insurance Litigation Trends to Watch in 2016 (February 18, 2016)
Sutherland attorneys Tom Curvin, Kym Kochis, Lewis Wiener, Phil Stano, Valerie Sanders and Wilson Barmeyer present Insurance Litigation Trends to Watch in 2016 on February 18, 2016. Litigation ...

Webcast: Science Fiction to Reality: The Future of Automobile Insurance and Transportation Technology (October 13, 2015)
Vehicle technology is advancing at an implausible pace rendering what was previously considered science fiction a reality. These technological advances impact many industries, but none more so than ...

Areas of Practice (12)

  • Litigation
  • Insurance
  • Class Action Defense
  • Complex Business Litigation
  • Consumer Financial Services
  • Financial Services Litigation
  • Securities Enforcement & Litigation
  • Antitrust
  • Automotive
  • Internal Investigations
  • Corporate Crime and Investigations
  • Securities Fraud Class Action

Education & Credentials

Contact Information:
University Attended:
Fordham University, B.A.
Law School Attended:
Fordham University School of Law, J.D.
Year of First Admission:
2002
Admission:
U.S. District Court for the Northern, Eastern and Southern District of New York; U.S. Court of Appeals for the Second Circuit; U.S. District Court for the District of Colorado; New York; Pennsylvania; U.S. District Court for the Eastern District of Pennsylvania; U.S. Court of Appeals for the Third Circuit; U.S. Court of Appeals for the Ninth Circuit; U.S. Supreme Court
Memberships:

Professional Activities

Member, Law 360 Insurance Editorial Advisory Board

Birth Information:
Bryn Mawr, Pennsylvania, April 11, 1976
ISLN:
915869921

Peer Reviews

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*Peer Reviews provided before April 15, 2008 are not displayed.

Documents (16)

Documents by this lawyer on Martindale.com

New York, New York

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    New York, NY
    Grace Building , 1114 Avenue of the Americas, 40th Floor
    New York, NY 10036-7703

    212.389.5068 Phone

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