Jodi K. Swick is the founding partner of EMH’s California offices and litigates class action and complex matters and insurance coverage disputes in California, Washington and federal courts nationwide. She focuses on representing insurance company clients in coverage, bad faith and extra-contractual disputes. Jodi has successfully litigated coverage cases involving general liability, personal lines, entertainment liability, errors and omissions, employment liability, health, life, disability, ERISA and professional liability policies.
Jodi’s practice also specializes in class action and complex matters that have been pursued under a wide variety of consumer protection laws. She has represented insurers, financial institutions, pharmaceutical companies, manufacturing companies, start-ups and other businesses against claims of unfair competition law in U.S. courts and international forums. These matters include alleged violations under Section 17200 of the California Business and Professions Code as well as alleged false advertising claims and violations of the California Insurance Code, California Homeowners Bill of Rights (CHOB), Fair Credit Reporting Act (FCRA), and Telephone Consumer Protection Act (TCPA).
During her career, Jodi has already been recognized as a stand-out attorney. She was named by San Francisco Business Times as one of its “40 Under 40.” This award identifies the forty most influential young leaders across the spectrum of Bay Area businesses — all under forty and all high achievers for their companies, industries and the community. Jodi has also been recognized as a Super Lawyer Rising Star in Northern California four times and was asked to join the Litigation Counsel of America as a Fellow. Jodi and the California offices of EMH are also recognized by US Chambers & Partners in the category of Insurance-Insurer.
Jodi is also committed to advocating for the advancement of women in the legal profession. She served on the Board and Executive Committee of California Women Lawyers for six years. She speaks regularly at conferences and mentors other attorneys on how to advance their legal career while maintaining their personal and family life, sanity and sense of humor. Jodi also enjoys spending time outdoors and traveling with her husband and two children.
Litigation Counsel of America - Fellow, 2016
Super Lawyers Rising Star for 2013, 2015, 2016 and 2017
Named as San Francisco Business Times’ 40 Under 40
EMH California recognized by Chambers & Partners for Insurance Law, 2015, 2016 and 2017
Secured dismissal with prejudice for insurer client on breach of contract and bad faith claims in a ruling from the federal district court.
Achieved dismissal with prejudice for financial industry client in matter alleging bank fraud and conversion.
Obtaining dismissal with prejudice of nationwide class action lawsuit for insurer client alleging violations of California Business and Professions Code Section 17200, violations of the California Insurance Code and business torts.
Negotiated favorable settlement of lawsuit for insurer client involving alleged violations of Insurance Fair Conduct Act and bad faith seeking attorneys’ fees and extra-contractual damages under Washington law.
Successfully negotiated a favorable settlement resolving product liability claims against a manufacturer of heavy machinery.
Obtaining dismissal of claims and award of attorneys’ fees under California’s Anti-SLAPP statute based on erroneous allegations or tortious interference with contract.
Successfully resolving a coverage dispute in international arbitration relating to underlying claims for MTBE contamination of ground water.
Obtaining a stipulated judgment in the amount of $81 million for the South Coast Air Quality Management District for air emission violations at a Southern California oil refinery.
Obtaining summary judgment for client prevailing on copyright and intellectual property claims related to website and related photographs.
Favorably resolving a claim for coverage under an errors and omissions policy related to upcoming release of a motion picture.
Obtaining a favorable, published court of appeal decision overturning the lower court on a breach of contract and tortious interference claim.
Tell Me Lies: Advanced Strategies for Dealing with Fraud
Presentation entitled “The Fraud You Can Prove” at the 44th Annual Western States Auto Theft Investigators Association (“WSATI”) Southern Chapter Training Seminar. http://emhllp.com/emh-california-gives-presentation-insurance-fraud-western-states-auto-theft-investigators-association-seminar/
After much anticipation, the United States Supreme Court issued its decision in Spokeo, Inc. v. Robins, and – to the relief of credit reporting agencies everywhere – ruled that a bare procedural violation of the Fair Credit Reporting Act (“FCRA”) is not sufficient to satisfy the injury-in-fact requirement of Article III. Spokeo quickly took to the blogosphere to tout its victory, but it was not a total win for the self-described “people search engine.” The 6-2 opinion authored by Justice Alito has serious potential to become a thorn in the side of the credit reporting industry. While the decision will prevent actions based solely on technical violations of the FCRA, it lays the groundwork for direct claims and class certification where the only concrete damages alleged are intangible injuries. As a result, it is far too hasty to suppose that Spokeo has made class actions arising under the FCRA or other consumer protection statutes a thing of the past.
Speaker on CLM Panel, “Modern Trial Prep: A Client’s Perspective” at Claim Litigation Management Annual Conference in Palm Desert, California;
Speaker on Lexis CLE, “Elimination of Bias: Busting the Maternity Leave Myths in the Legal Profession” available at www.lexis.com
In Search of the Win-Win: Client and Lawyers Can Collaborate to Reduce Legal Spend and Increase Revenue, published in CLM Litigation Magazine (Spring 2014) with fellow partner Ray Tittmann.
Speaker on ABA Panel, “Voice’s Crying in the Wilderness: Make Ye Straight the Path to Ethics and Reduced Legal Fees” at ABA Tort Trial & Insurance Practices Section Midyear Program
Reduce Legal Spend By Embracing Technology And Ethics
Law360, New York (February 07, 2013, 1:06 PM ET) — Insurance companies tend to make headlines when high-dollar or high-profile claims are denied. While insurance companies often have a valid reason for a determination of no coverage, a perception exists that insurance companies do not play by the rules and unfairly deny claims.
How A Product Liability Case May Impact Your Insurance, published on www.law360.com
In Behnke v. State Farm Insurance Company (filed 5/ 31/11, certified for publication 6/29/11)____Cal.App.4th____; 11 C.D.O.S. 8127, the Fourth Appellate District of the California Court of Appeal held that a policyholder’s dis- pute relating to payment of Cumis counsel fees failed to state a cause of action against the insurer for fraud, breach of contract, bad faith or punitive damages.
One of the most popular programs from the reality TV generation is a CBS series named Survivor. Now in its thirteenth season, Survivor is a game where players ma- rooned on a deserted island, termed “Survivors,” first, are divided into tribes and, ultimately, compete against each other to win the title of Sole Survivor. Each week, the tribes battle for immunity and a member of the losing tribe is voted off Survivor Island. Eventually, the tribes become one, at a time in the game called “the merge.” After the merge, the Survivors compete for individual immunity and, in the season finale, one person is awarded the title of Sole Survivor. Despite the new twists introduced to the game each season, one feature remains constant: winning immunity is the key to becoming the Sole Survivor.