Front row left to right: Tracy Bussel, Robert Ward, Leslie Parikh. Back row: Jacob Papay, Brian Flanagan, Matt Lyons

The insurance defense practice of Gebhardt & Kiefer represents numerous public entities, and treats those engagements as a mission to “keep taxpayer costs down while trying to vindicate our clients,” said the Clinton-based firm, which is marking its 135th anniversary. The firm represents government officials and police officers in a variety of matters, including discrimination, whistleblower and civil rights cases, in state and federal courts. In 2018 the firm obtained summary judgment dismissal of an action alleging police excessive force, a property-rights civil suit by a criminally prosecuted landlord, and a maintenance worker's fall suit.

** The responses were provided by partner Tracy B. Bussell. **

What are some of the department's most satisfying successes of 2018, and why?

Gebhardt & Kiefer prides itself on achieving the best results for our clients. Our firm has established a strong reputation in the legal community for the past 135 years. This past year, we obtained a very favorable settlement in a case pending since 2014 involving the death of a minor child back in 2012. The matter was litigated by a New York firm who saw the value of the case over $50 million. In settling, we had all individually named defendants dismissed and the case settled as to their public entity employer for an amount much less than sought by the plaintiffs during the course of litigation.

Our firm settled a case after a jury verdict was reached, to avoid an appeal of dismissal of certain parties and claims arising from a matter which occurred while a state trooper was off duty and allegedly involved in an altercation with a patron at a professional football game. There were numerous allegations under state tort law and the New Jersey Civil Rights Act. The settlement avoided an appeal of the verdict and the dismissal of several state actors, avoiding retrial and the possibility of an award of attorney fees.

Being a Litigation Department of the year means more than providing good counsel. How does your group go a step further for clients?

At Gebhardt & Kiefer, we do not simply litigate but engage in risk management. Through effective litigation and the use of experts, we are able to identify areas of risk that our clients otherwise may not have been aware. Of recent, this has included imputing knowledge to our clients regarding the need for lifeguards to be vigilant of happenings in front of and behind them, for employers to more cautious of how they treat men versus women, and for public entities to pay closer attention to how allocated resources are spent, and when they are spent, in light of hazardous conditions that may exist.

Amid a changing market for legal services, what does it mean to be an effective litigator in New Jersey?

Being an effective litigator is not just restricted to arguing motions, taking depositions or appearing in court, but it is knowing and understanding your clients needs, understanding how the outcome of the case affects them and doing what we can as lawyers to make them comfortable with the process.

Is it true that clients now more than ever wish to avoid litigation, and if so, how do litigation practices thrive?

Clients always want to avoid litigation and look for ways that they can manage risk, many times providing training to employees or others so such can be avoided. However, we find our clients cannot escape litigation due to litigious nature of some. Instead, we find our clients tend to financially manage the risks they face.

With judges not as eager to grant summary judgment, our clients are now more than ever aware of the risks that trial bring. It can subject individual defendants to punitive damages, which are not usually covered by their employers or their employer's insurance policies and subject our clients to the possibility of paying attorney fees if a plaintiff is even remotely successful on summary judgment. Therefore, many times this forces our clients into settling cases. It is a way to avoid the possibility of verdicts and the fees and costs associated with such when the possibility of litigation cannot be avoided altogether.

Litigators are extraordinarily busy people. What does the firm do to ensure that they engaged with pro bono work, their communities and their families?

Gebhardt & Kiefer is continually giving back to the community in various ways. Aside from providing free seminars on issues covering topics such as divorce, estate planning, and topics which affect employers and employees as the law is ever changing, we are engaging in a year-long initiative to give back to the local community in honor of the firm's 135 year anniversary by donating 135 items to a charitable organization in our area. Gebhardt & Kiefer gave back to the community in the same manner to celebrate its 130 year anniversary. This type of community support pours over into efforts such as sponsoring a float in the local parade and encouraging staff members and their families to participate.