Theodore M. Schaer is regularly hired by some of the nation's largest insurers, third party administrators, motor carriers and businesses to defend lawsuits. Since 1987, Ted has routinely defended GL, transportation, liquor liability, strict liability, and professional liability claims. He serves as National and Regional Counsel to several national accounts.
Under Ted's guidance and supervision, Zarwin Baum has a uniquely experienced Catastrophic Accident Response Team ("CAT Team") staffed 24/7, 365 days per year. Working with a team of experts and investigators, numerous carriers and self insureds rely on Ted's expertise to direct the CAT team's early investigation and manage large claim exposure.
Ted has tried more than 50 trials to verdict in a number of states. He is an AV rated attorney, a Certified Trial Attorney by the National Board of Trial Advocacy and has been consistently recognized by his peers in Pennsylvania and New Jersey as a Super Lawyer since 2006.
He is board certified in Privacy and US Data Protection (CIPP/US). Ted advises clients on privacy and cyber related issues and leads the Firm's data breach response team.
Ted completed the CLM Litigation Management Institute and has successfully obtained his Certified Litigation Management Professional designation (CLMP).
At Zarwin Baum, Ted serves as Co-Chairman of the Property and Casualty Defense Department and Chairman of the Cyber Liability, Privacy and Data Security Department.
Wrongful death action. Claimant lost control of her car came making impact with a tractor-trailer. Accident Reconstruction Expert obtained to investigate disputed lane change concluded accident occurred due to claimant’s actions in controlling the car. Pre suit demand 5 million; Settled at mediation $150,000.
Catastrophic injury. Plaintiff alleged tractor-trailer struck the rear wheel of his motorcycle causing him to suffer severe and permanent injury including spending 2 months in a medically induced coma after the accident. Independent witnesses supported Plaintiff’s version of the event. Pre suit demand, $8.5 million. The case was resolved through a confidential settlement between the parties within the primary limits of liability.
Serious injury. Tractor-trailer disregarded red signal and struck Plaintiff’s vehicle at intersection. Plaintiff claimed injuries including left clavicle fracture, 3 fractured ribs, and pinched nerve in elbow requiring surgery. Pre suit demand $1million; Settled after four days into a jury trial for $125,000.
Breach Coach. Directed forensic investigation of a national logistics company which was hacked through IOT devices. After an extensive forensic investigation, determination that no exfiltration of data had occurred.
Breach Coach. Lead breach response for a staffing agency which suffered a data incident involving approximately 20,000 records in seven states.
Breach Coach. Lead breach response for medical practice which suffered a data breach involving in excess of 15,000 exfiltrated patient records in 37 states and 5 foreign countries.
Lead remediation efforts and investigation for a domestic manufacture whose controller fell victim to a wire transfer social engineering scheme, which resulted in a financial loss in excess of $500,000.
Directed complete cyber risk assessment for regional accounting firm. Conducted cyber risk assessment of firms’ physical, technical and administrative security. Drafted policies and procedures relating to cyber issues.
Implemented CyGeine™ training for entire staff in social engineering recognition and prevention.
Representation of a Federal Credit Union relative to approximately 5,000 credit card accounts which were stolen and were part of the Target breach. Consulted relative to which insurance coverage’s were applicable and interactions with PCI and issues regarding responsibility for the loss.
Directed forensic team response for a law firm, identifying Ransom malware attack which utilized RSA public-key cryptography. Lead post attack cyber risk assessment and remedial implementation strategy to thwart future threats.
Drafting of application language for manuscript cyber liability policy and policy language for underwriters.
Cyber, Presentations & Publications
Ted Schaer speaks on the panel for Zarwin Baum's Cyber Seminar "How Exposed Is Your Bottom Line? Digital Disruption of Business Operations", Philadelphia, April 12, 2018
Ted Schaer speaks on the panel for The Philadelphia Business Journal’s “Cybersecurity: Battling the Threat to Your Company”, Philadelphia, January 18, 2018
Ted Schaer speaks on the panel for PrimeGlobal's webinar "Cybersecurity for the Healthcare Industry", November 28, 2017
Ted Schaer presents, and is a panelist, at the National Cyber Conference, cosponsored by Business Insurance Magazine and CLM, “Get a Handle on Cyber Risks and Liabilities” New York, NY, October 6, 2017
Ted Schaer speaks on the panel for Center City Proprietors Associations (CCPA) “‘I think we’ve been hacked’ How to Avoid a Cyber Attack and What to do WHEN it Happens to Your Business”, Philadelphia, September 12, 2017
Published Article; “The Cyber Broker Insurance Coverage Conundrum: The First in a Two-Part Series on Cyber Insurance” Co-Author with Elizabeth S. Fitch. Wholesale Insurance News (WIN) Summer 2017 Volume 7 Issue 1, A publication of the American Association of Managing General Agents
Ted Schaer presents National Webinar sponsored by the Professional Liability Committee and Technology Committee, ‘The Inadvertent Lawyer: Beginning and Ending an Attorney-Client Relationship in the Electronic Age’, March 29, 2017
Ted Schaer speaks on the panel for the Fusion 2017 CEO-CIO Symposium ‘Understanding the Rapid Changes and Complexities of Underwriting Cyber Insurance”, University of Wisconsin, Madison, March 23, 2017
Ted Schaer presents a three hour ‘Cyber Liability and HIPPA Best Practices’ training seminar at North American Society of Periodontist, Atlanta Georgia, January 20, 2017
Ted Schaer presents on US Developments at the Insurance Market Conferences ‘Cyber Risks Seminar: The Risks, The Liabilities, The Cover’, London, November 16, 2016
Published Article: “Defining Attorney-Client Relationships In The Electronic Age” Co-Author with Elizabeth S. Fitch. Law360, August 26, 2016
Ted Schaer presents at IADC Conference '10 Ways to Protect Your Law Firm from Cyber Annihilation', Southampton, Bermuda, July 2016
Published Article; “Surviving The Cyber-Liability Avalanche: How Contracts with Business Partners and Vendors Expose Companies to Cyber-Liability”, Co-Author with Elizabeth S. Fitch. Wholesale Insurance News (WIN) Spring 2016 Volume 5 Issue 4, A publication of the American Association of Managing General Agents
Ted Schaer presents ‘Cyber Liability: Emerging Trends and Best Practices to Mitigate Harm to your Organization’ at The Legal Intelligencer’s In-House Counsel CLE Program, March 23, 2016
Ted Schaer Hosts Breakfast Seminar on Data Security and Privacy, February 23, 2016
Ted Schaer Talks Minimizing Cyber Breach on AM Best Insurance Law Podcast, February 11, 2016
Ted Schaer Named Co-Dean of Claims in Litigation Management Alliance (CLM) School of Cyber Claims, January 27, 2016
Published Article; “Cyber Armageddon: Survival or Annihilation?” by Ted Schaer and Elizabeth S. Fitch, International Association of Defense Counsel (IADC) December newsletter, December 21, 2015
Ted Schaer presents National Webinar, 'Cyber Liability, Emerging Trends and Coverage' to a leading group of insurance professionals, November 18, 2015
Ted Schaer Talks Cyber Security on KYW Newsradio, September 30, 2015
Published Article; “The Year of the Cyber Breach” Co-Author with Elizabeth S. Fitch, March 2015 International Association of Defense Counsel (IADC) Professional Liability Newsletter
Ted Schaer Talks Cyber Security and Cyber Liability On AM Best Insurance Law Podcast, March 4, 2015
Published Article; ‘Tis The Season For Cybersecurity Breaches”, Philadelphia Business Journal Blog, December 9, 2014
Has handled in excess of 400 national emergency responses over the past 15 years on behalf of individual clients, self-insured’s, TPAs and insurance companies. Areas of concentration include transportation, manufacturing, construction and hospitality and retail.
Triple Fatal, Indiana: Three fatalities and 2 injured. Notice of accident was received at 10:00PM. Counsel managed a team of investigators and reconstruction experts at the scene. Over-sized load with permits and escorts. All vehicles involved were preserved for inspection. Retained as trial counsel.
Five Fatal, Iowa: Claimant driver fell asleep, drifted into lane of travel of client tractor trailer. Counsel led team of investigators and accident reconstruction experts. Investigation revealed impact occurred in IV’s lane. Nuisance value paid to resolve cases after proof that insured driver committed no negligence.
Fatal, Texas: National motor carrier tractor carrying oversized load with proper permits and front and rear escorts. Plaintiff swerved into the client’s lane of travel and died as a result of impact. Counsel led emergency response team. Retained through trial to defend action.
Four Fatal, 23 injuries Bridge Collision, Syracuse, New York: Double deck bus struck low-lying bridge. Emergency response was initiated and within hours of the accident all investigators, accident reconstruction personnel and field counsel were on scene. Field counsel was successful in delaying law enforcement from moving the equipment until accident reconstruction personnel had the opportunity to inspect the equipment. Counsel led national settlement team to resolving all except one matter within 22 months of accident including numerous meditations. One case tried to verdict and noted below (30 day trial).
Fatal, Philadelphia, Pennsylvania: Construction site accident where decedent fell to his death from scaffolding. Directed emergency response with team of reconstruction, construction and OSHA experts to determine the cause and origin of the accident. Ultimately was successful in tendering the defense to the General Contractor.
Liquor Liability Quadriplegic Injury Camden County, New Jersey: Plaintiff suffered serve injuries when she was struck by a car while attempting to cross a highway. Liquor liability claim against the bar she had been served at before the accident. Initial demand to all defendants, $25 million. After jury selection, the case was settled through a confidential settlement agreement for our client for $85,000. Remaining bars and other defendants paid policy limits.
Paraplegic Injury Atlantic County, New Jersey: Plaintiff suffered injuries when he jumped from a pier into a shallow bay. Liquor liability claim against bar where he was served immediately before the accident. Witness depositions failed to disclose visible intoxication. Case was problematic as video surveillance evidence was inadvertently destroyed. Pre mediation demand to all defendants, $8.5 million. Mediation resolved the case for our client at $100K. Co- defendant property owner paid limits of liability.
5 Injury Claim Philadelphia, Pennsylvania: VIP was over-served at insured’s bar and registered a BAC in excess of .17. Counsel was able to resolve all claims well before trial in an early mediation. Extensive pre mediation investigation revealed pre- existing medical problems and symptom magnification by several of the claimants. Case settled well under initial reserves.
Electrocution Wrongful Death Suit Chambersburg, Pennsylvania: Plaintiff alleged design defect of Client’s electrical capacitor. Decedent was an HVAC worker who was electrocuted. Decedent, though an experienced HVAC journeyman failed to take the necessary safety steps of wearing his insulated gloves and turning off the machine before beginning his work. Plaintiff’s Demand: $4.5 million; case was resolved with favorable settlement terms to the client at mediation.
Serious Burn Injury, Philadelphia, Pennsylvania: Plaintiff received serious and disfiguring burns while undergoing an MRI. Plaintiff alleged a defective cable was the cause and origin of the injury. Case was resolved on favorable terms within 6 months of initiation of suit.
Fatal, West Chester County, Pennsylvania: Plaintiff’s Estate alleged that Plaintiff fell in her home and activated an emergency communication device that she wore but no signal was received by the responding call center. Plaintiff ultimately died from hypothermia. Plaintiff alleged the product was defective. Case was resolved well below reserve levels after Motions in Limine were filed before trial which challenged liability and causation claims.
Legal Malpractice, Philadelphia, Pennsylvania: Successful resolution of an admitted liability matter. Initial damage claims exceeded $3.5 million. Malpractice occurred during the representation of the Plaintiff in a complicated bankruptcy matter. Retention of causation and damage experts allowed the case to settle for well below reserve levels.
Mortgage Broker, Bucks County, Pennsylvania: Plaintiff alleged that defendant improperly secured a mortgage on his property and in concert with a related entity title insurer, caused the home to be foreclosed. Case resolved within 12 months of suit with a resolution well below reserve levels.
Home Inspection, Burlington County, New Jersey: Plaintiff alleged that defendant failed to properly inspect a rear retaining wall that ultimately collapsed one year after the properly sold. Retention of engineer and building contractor allowed the case to be settled at mediation for a value well below the initial demand.
Engineer, Montgomery County, Pennsylvania: Plaintiff alleged that Defendant selected improper base and turf materials in the construction of an athletic field. Discovery revealed that the client was given improper information by other defendants in the case which allowed for a very small contribution at mediation where the case was resolved.
Since 1987, I have represented hundreds of defendants in a variety of general liability matters from slip and falls, negligent security, unlawful imprisonment, loading dock accidents, crane and lift accidents, auto, construction defect and construction site claims. During this time, I have secured in excess of 50 verdicts in multiple jurisdictions. I have conducted hundreds of mediations and arbitrations to resolve these claims.
JURY TRIALS COMMENCED BUT NOT TO VERDICT 2017
In 2017 I handled five catastrophic injury cases on behalf of several primary and excess carriers. Each and every case underwent a full mock trial in anticipation of trial. All of the cases were resolved. Two of the five cases were settled after the commencement of trial.
Settlement after three trial days. Philadelphia Court of Common Pleas. After three days of trial, the Plaintiff accepted a significantly reduced settlement offer. Plaintiff was a 30 year old women and a patron of a public automated parking garage. Plaintiff was assaulted by a serial rapist. The pretrial settlement demand was ten million dollars. After three days of trial the Plaintiff’s attorney from the law firm Kline & Spector accepted an offer far below the initial demand for settlement. I was able to obtain significant participation from a codefendant property manager despite a no pay position up until trial commenced.
Settlement after jury selection. Philadelphia Court of Common Pleas. After jury selection, Plaintiff accepted a significantly reduced offer of settlement. The initial demand of settlement was eighty million dollars. Plaintiff was a professional harness racer who fell during a race at a local track. Plaintiff suffered a TBI which caused him to be a limited functional quadriplegic. The case was settled shortly after decisions on Motions in Limine were decided and after defense counsel successfully convinced the trial judge to bi furcate the trial on liability and damages. Lead plaintiff counsel was highly respected trial attorney Robert Mongeluzzi.
JURY TRIALS TO COMPLETION 2016
Plaintiff Verdict, Philadelphia, Pennsylvania: Plaintiff suffered right eye blindness, cosmetic deformity and right ear deafness following a chemical exposure to his face while performing sanitation services at the Defendant’s meat processing plant. Plaintiff alleged that Defendant violated OSHA and ANSI by having insufficient number of eyewash stations located in its meat processing plant. Plaintiff, 28 at the time of his injury, also claimed total disability and the inability to return to work. Demand before trial was $22 million. Plaintiff was represented by premier Philadelphia plaintiff’s attorney, Robert Mongeluzzi. Trial lasted 12 trial days. The jury returned a net verdict in the amount of $1.570,000.00.
JURY TRIALS TO COMPLETION 2014
Defense Verdict, JNOV West Chester, Pennsylvania: Following a three day jury trial, a Chester County, Pennsylvania jury returned a plaintiff’s verdict in the amount of $150k with a finding of 50% comparative negligence. Plaintiffs, husband and wife, sought damages against the operators of a rock climbing gym for injuries Plaintiff wife sustained when she jumped from one of the climbing walls at the facility. At the time of trial, Plaintiff “boarded” in excess of $700k in past and future damages. Defendant insurance carrier maintained a “no offer” posture throughout the litigation. Defendant’s filed a Motion for Summary Judgment which argued that no duty was owed to protect Plaintiff wife from her injury as it was a known, obvious, and inherent risk of rock climbing which she knowingly and voluntarily assumed. The Motion was denied. At the conclusion of the Plaintiff’s case Defendant’s filed a Motion for an Involuntary Non Suit and Directed Verdict, which were also denied by the trial judge. A Motion for Post-Trial Relief was filed. Mr. Schaer presented oral argument on the Motion for Post Trial Relief on October 17, 2014. On November 18, 2014, the Court granted the Motion for Judgment Non Obstante Verdict (“JNOV”) in favor of the Defendant. The matter was appealed to the Pennsylvania Superior Court. Mr. Schaer on brief and oral argument was successful in having the JNOV affirmed
JURY TRIALS TO COMPLETION 2013
Defense Verdict. Hudson County, New Jersey. Successfully defended bus driver and obtained a no cause after 7 trial days. At the time of impact, the Plaintiff was inside of the vehicle. Notwithstanding minimal contact between the bus and the parked car, the Plaintiff claimed to have undergone cervical fusion, lumbar fusion and shoulder surgery. The Plaintiff, aged 43, also claimed total disability and the inability to return to employment in the future. The Plaintiff’s damages included $800,000 in lost wages, $800,000 in lost household management services, roughly $3 million in hedonic damages, as well as pain and suffering, and permanent disability. The Plaintiff’s husband claimed damages for loss of consortium. The Plaintiff’s settlement demand was $3.5 million when the trial commenced. Schaer filed a Motion in Limine which for the first time in NJ a trial court held an admissibility hearing which precluded the use of hedonic damages.
Verdict. Philadelphia, Pennsylvania. Successfully defended a national bus company in a 30 day jury trial where the Plaintiff claimed to have suffered permanent and disabling physical injuries including traumatic brain injury. Pre trial demand was $15,000,000.00. Plaintiff was represented by Thomas R. Kline. The jury returned a verdict of $677,000.00, well below the last offer of settlement.
Defense Verdict, Philadelphia, Pennsylvania: Following a five day jury trial and three hours of deliberations Philadelphia jury returned a verdict in the amount of $33,648.95 – almost $700,000 less than the Plaintiff’s last demand for settlement. In this case, liability was admitted and the sole focus of the trial was whether Plaintiff’s lumbar fusion was causally related to the accident. The jury agreed with the defense and returned this favorable verdict in a county that has a reputation for liberal awards.
News & Events:
2018 Themis Advocacy Group Conference ‘Emerging Risks of Spoliation of Evidence and Ways to Contain Exposure’ London, England
2017 Training Seminar 'Cyber Liability and HIPPA Best Practices' North American Society of Periodontist
2016 IMC Cyber Risks Seminar 'The Risks, The Liabilities, The Cover,' U.S. Developments, London, England
2016 EDIC Risk Control Workshop, To Report or Not Report - How to Reduce Your Bottom Line by Report Losses Early
2016 Catastrophic Emergency Response Seminar, Speaker on Accident Investigation
2016 Temple University Fox School of Business, Legal Strategies in Communication
2010 Magna Conference, NYC of Trial Tactics and Technology in the Courtroom Invited Speaker
2009 Long Term Care from a Private Attorney's Perspective, Institute of Protective Services' Solicitor Training
2009 New Trends in Technology in the Trucking Industry, Dispute Resolution Institute Symposium
2008 Dram Shop: Overview of a Lawsuit, Apex Insurance Mangers
2006 Trucking Defense: Investigation of Serious Trucking Accidents, National Safety Meeting, Roadlink USA
2006 Continuing Education Seminar: Update on New Jersey Auto Law
2004 Temple University: Guest Speaker, Legal Strategies in Communications
2004 Fox 29 News, Philadelphia: Expert Guest on Signs and Prevention of Elder Abuse
2000 National Business Institute: Trying the Soft Tissue Injury Case
1999 Cigna/Esis Risk Management: Litigating the Motor Coach Accident
1989 Philadelphia Bar Association Case Review: The Trial of Agresta v City of Philadelphia
“Emergency Response to Catastrophic Trucking Accidents: A New Approach to Preparing for the Aftermath”, Wholesale Insurance News (WIN) Summer 2011 Volume 1 Issue 2, A publication of the American Association of Managing General Agents
"Spoliation of Evidence: A Compendium of State and Federal Law" Co-Author, Defense Research Institute Compendium, Third Circuit, United States Federal Judicial District
"Disclosure the Best Antiseptic to Prevent Lawsuits" Art. XV October 2000, The Redwoods Insurance Group Electronic Magazine
"Trying the Soft Tissue Injury Case, Perspective from the Defense." Co-Author National Business Institute Press. 2000
2016 Certified Litigation Management Professional. CLM Management Institute
2014-Present, International Association of Privacy Professionals Certified Individual Privacy Professionals/United States (CIPP/US)
2006-2018, Recertified Civil Trial Advocate. National Board of Trial Advocacy, Approved by the Pennsylvania Supreme Court
2003-2018, Judge Pro Tem. First Judicial District, Pennsylvania
2003-2018, "AV" Rated Attorney. Martindale-Hubble
2001, Certified Civil Trial Advocate. National Board of Trial Advocacy, Approved by the Pennsylvania Supreme Court
1994, Philadelphia Court of Common Pleas Arbitrator
2016 Co -Dean, CLM Cyber Claims College
2010-2012 Temple University Fox School of Business, Philadelphia Pennsylvania. Adjunct Professor, Legal Issues in Communication Management.