Lloyd Schwed's Schools

• Washington University School of Law , Class of 1985 JD in Law Washington University School of Law has a broad-based curriculum that supplements traditional courses with hands-on clinical training, interdisciplinary learning, and global legal studies. Our curriculum provides a comprehensive education that prepares our students to practice anywhere in the United States and to address transnational legal problems as well.

• Loyola University New Orleans , Class of 1981 Bachelors in History and Journalism Loyola University students’ intellectual formation is a dedicated history faculty made up of professional educators who themselves are engaged in the quest for knowledge through continued research and active scholarship. Departmental course offerings reflect the broad expertise of the history faculty, and treat such diverse areas as American, European, Asian, Middle Eastern, and African history, with thematic courses in intellectual, social, legal, political, and military, as well as African-American, Church, and women’s histories.

Lloyd Schwed's Affiliations

• Florida Bar Association 1985 The Florida Bar, with more than 88,000 members, is the statewide professional and regulatory organization for lawyers

• American Bar Association 1985 The American Bar Association, the largest voluntary professional association in the world. With more than 400,000 members, the ABA provides law school accreditation, continuing legal education, information about the law, programs to assist lawyers and judges in their work, and initiatives to improve the legal system for the public.

Lloyd Schwed's Publications

• You’ve Been Served! Now What? September, 2011 By Lloyd Schwed Today’s litigious environment requires businesses to safeguard their interests with scrupulous documentation of service and communications. No matter how careful your organization is, however, accidents or mistakes sometimes occur. If another company or a client believes that the episode has caused physical or financial injury, he or she may file a lawsuit against your business. The arrival of a process server at your door is inevitably unsettling, but keep in mind that formalities must be addressed. Call your lawyer as soon as you receive the papers. If you knew that the lawsuit was going to be filed, your lawyer has probably already provided you with some preliminary advice. Defendants caught completely by surprise often take the paperwork to their lawyer’s office shortly after being served. Although retaining the services of a business lawyer benefits companies in daily matters as well as in long-range planning, some businesses do not develop a relationship with counsel until a pressing need arises. If you are the owner or manager of a business without an attorney, you may want to call trusted friends or colleagues to find the name of an appropriate lawyer to handle your case. When making such calls, refrain from commenting about the lawsuit. Once your lawyer has been informed about the lawsuit, he or she will generally provide you with a set of instructions. For instance, he or she may advise you to collect all information pertaining to the lawsuit, starting from initial contact with the plaintiff. It may also help to compile all contact information for parties who witnessed interaction between the client and the company, as well as interested parties. Being named as a defendant in a lawsuit can cause worry and frustration. Our natural tendency under such duress drives us to talk about the situation. We advise our clients not to speak to other people about the lawsuit. People often recount such conversations; they may do so innocently, but if they get details confused, it could inflame the other party or otherwise hurt your case. Let your lawyer speak on your behalf to ensure that no boundaries are crossed. If the lawsuit involves the actions of an employee, follow your lawyer’s advice about how to investigate the situation. About the Author: Florida attorney Lloyd Schwed provides insightful guidance to businesses of all sizes and in a number of industries. In his capacity as Managing Partner at Schwed McGinley & Kahle, LLC, Mr. Schwed practices business, securities, and insurance law. The information provided above does not constitute legal advice. It is meant for informational purposes only.

• , Lloyd Schwed's Blog on Bigisight September, 2011 Currently serving as a Managing Partner at Schwed McGinley & Kahle, LLC, Lloyd Schwed has more than 23 years of experience as a lawyer and litigator. At his firm, Mr. Schwed has handled many claims in a variety of areas, including construction, casualty, personal injury, and directors and officers (D&O) liability. Here, he explains the basics of D&O liability. Known in the business as D&O insurance, directors and officers liability insurance has become a common component of corporate insurance coverage. D&O coverage protects the most senior members and advisors of a company from lawsuits arising from actions they took in the course of their job responsibilities. In other words, this coverage ensures that an executive cannot be held personally liable for consequences of work-related duties. This means that high-level employees and board members can feel comfortable making difficult decisions in the best interest of the company. For example, executives can make decisions that cost a client, stockholder, or other party money. Occasionally, these parties may sue the company, seeking not only the money they lost as a result of the decision but also additional compensation for pain and suffering or other complicating factors. In this way, a decision that may have cost a client a few thousand dollars can come back to the company in the form of a significant lawsuit. In this case, D&O insurance would protect the company’s high-ranking executives from those expensive ramifications. posted at 2.bp.blogspot.com D&O policies only protect companies and their executives from suits relating to honest, well-intentioned decisions made in the interests of the company, not the results of any intentional fraud or malfeasance.

• A Primer on Directors and Officers Liability Insurance with Lloyd Schwed , Lloyd Schwed September, 2011 Currently serving as a Managing Partner at Schwed McGinley & Kahle, LLC, Lloyd Schwed has more than 23 years of experience as a lawyer and litigator. At his firm, Mr. Schwed has handled many claims in a variety of areas, including construction, casualty, personal injury, and directors and officers (D&O) liability. Here, he explains the basics of D&O liability. Known in the business as D&O insurance, directors and officers liability insurance has become a common component of corporate insurance coverage. D&O coverage protects the most senior members and advisors of a company from lawsuits arising from actions they took in the course of their job responsibilities. In other words, this coverage ensures that an executive cannot be held personally liable for consequences of work-related duties. This means that high-level employees and board members can feel comfortable making difficult decisions in the best interest of the company. For example, executives can make decisions that cost a client, stockholder, or other party money. Occasionally, these parties may sue the company, seeking not only the money they lost as a result of the decision but also additional compensation for pain and suffering or other complicating factors. In this way, a decision that may have cost a client a few thousand dollars can come back to the company in the form of a significant lawsuit. In this case, D&O insurance would protect the company’s high-ranking executives from those expensive ramifications. posted at 2.bp.blogspot.com D&O policies only protect companies and their executives from suits relating to honest, well-intentioned decisions made in the interests of the company, not the results of any intentional fraud or malfeasance.

• A Biography of Vincent Bugliosi, by Lloyd Schwed, Lloyd Schwed October, 2011 Author and attorney Vincent Bugliosi started his legal career with the Los Angeles County District Attorney’s office after receiving his law degree in 1964. Skilled in criminal law and respected by peers such as F. Lee Bailey and Alan Dershowitz, Bugliosi prosecuted felony cases and won over 100 trials. His most notable achievement as a lawyer occurred in the early 1970s when he served as lead prosecutor during the Charles Manson trial and obtained convictions for Manson and many of his “family” members. Bugliosi wrote about this experience in Helter Skelter: The True Story of the Manson Murders, a best-selling true crime book that remains a genre classic. Since that book’s publication in 1974, he has created several popular non-fiction books on law, the media, and politics. Over the past decade, he discussed the George W. Bush administration in The Betrayal of America: How the Supreme Court Undermined the Constitution and Chose Our President; and The Prosecution of George W. Bush for Murder. His 2007 effort, Reclaiming History: The Assassination of President John F. Kennedy, garnered attention for arguing that Lee Harvey Oswald fired the bullet that killed JFK in 1963. It took 20 years of research and writing for Bugliosi to complete the Edgar Award-winning, 1648-page tome. About The Author: Attorney Lloyd Schwed lists Reclaiming History among his favorite books. A graduate of Washington University School of Law, Schwed has spent his nearly two-decade-long legal career in Florida, and he currently serves as Managing Partner with Schwed McGinley & Kahle, LLC. The holder of an AV® Peer Review Rating by Martindale-Hubbell, indicating high ethical and professional standards, Lloyd Schwed focuses on insurance law and regulation, securities litigation and arbitration, construction litigation, and legal malpractice.

• Lloyd Schwed on Author Lee Child, Lloyd Schwed October, 2011 A British author who writes American crime thrillers featuring formidable hero Jack Reacher, Lee Child grew up in a suburb of Birmingham, England. He earned a law degree with honors from the University of Sheffield and worked in ice cream sales and demolition before accepting a Technical Assistant position with Granada Television in Manchester. He remained with the company for nearly 20 years, becoming a Presentation Director for such productions as Brideshead Revisited, Prime Suspect, and Cracker. Child returned from vacation one day to find a message on his answering machine telling him he no longer had a job; he had been downsized. Suddenly out of work at 40 years of age, Child invested a few dollars in paper and pencils and set out to write a crime novel. Published in 1997, Killing Floor gained worldwide acclaim and earned Child the Anthony Award for Best First Novel at the Anthony Boucher Memorial World Mystery Convention. The story takes place in a small Georgia town and introduces Reacher, a former military police officer who stands accused of murdering his brother, an investigator for the U.S. Treasury Department. Child went on to write 15 more Jack Reacher books, which have become extremely popular with readers across the globe. His publishers estimate that someone somewhere in the world buys a Lee Child book every second. The main character appeals to both men and women, and some segments of the author’s fan base call themselves “Reacher Creatures.” The author’s latest book, released in September 2011, involves the 1997 murder of a woman whose body turned up behind a bar near Fort Kelham, Mississippi. Reacher works undercover to solve the crime, combining forces with a beautiful sheriff and ex-Marine named Elizabeth Deveraux. As always, the plot includes precision twists and turns. Other Lee Child Jack Reacher books include Die Trying, Tripwire, Bad Luck and Trouble, Worth Dying For, and 61 Hours. The author, who always felt like an American inside, moved with his wife, Jane, to New York in 1998. The couple has one grown daughter. Child divides his time between a Manhattan apartment and a country villa in the South of France. About Lloyd Schwed: A Managing Partner of Palm Beach Gardens, Florida-based Schwed McGinley & Kahle, LLC, Lloyd Schwed possesses expertise in business and commercial litigation as well as an appreciation for the finely crafted novels of Lee Child.

• Three Types of Product Liability Claims by Attorney Lloyd Schwed , Lloyd Schwed's Blog on Bigsight October, 2011 One of the areas of practice of the Florida-based Schwed McGinley & Kahle, LLClaw firm includes product liability litigation. Litigators in this field help the thousands of people who are injured each year while using manufactured goods, and these product liability experts also assist the families of those killed in such circumstances. Generally, product liability cases fall into one of three categories: defective manufacture, defective design, or failure to provide proper warnings or instructions regarding appropriate product use. Defective manufacture product liability cases often result when an injury-causing item was assembled poorly or inaccurately at the factory. An example would be a snowmobile put together without break pads or a batch of toothpaste tainted by an unhealthy substance. In defective manufacture cases, the injury must result either directly or indirectly from the product’s defect. For instance, if a person riding a snowmobile without breaks was injured after mistakenly driving off a road, and the individual did not use the breaks or the breaks would not have prevented the accident, then he or she likely would not have a case. posted at seattleconsumer.wordpress.com Defective design product liability focuses on determining whether a product’s form or purport is unsafe by nature. In these cases, the defectiveness does not necessarily pertain to just one poorly manufactured item, but rather an entire line of products that may or may not be inherently dangerous, even though these products meet the manufacturer’s specifications. A defectively designed product might include a toy that clearly presents a choking hazard to children or an entire line of hair dryers that starts fires when set to the highest setting. To have a case, the injury must result from an accident caused by the product’s design. Lastly, product liability failure-to-warn claims focus on whether the manufacturer or designer of the product provided adequate warnings or instructions on its proper use. Valid claims include situations where a user was injured because the product does not display special precautionary information on its use or because the item is inherently dangerous in a way that was not made obvious to the user. Examples include a paint remover that is sold without thorough instructions on safe use and handling and a medication that does not display the dangerous side effects that may occur when it is taken with other common drugs or substances. About the Author: Lloyd Schwed serves as the owner and Managing Partner of Schwed McGinley & Kahle, LLC. To learn more about Mr. Schwed and his law firm, visit www.schwedmcginley.com.

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