Andrew J. Zbaracki

W*** S**** Hilo Drive, Waukesha, WI 53189

262-***-**** (Home)

abntoa@r.postjobfree.com

PROFESSIONAL SUMMARY

In-house and external counsel to multi-national insurance companies including: AEGON and

Transamerica Companies, State Farm, GRE Insurance Group, and Principal Financial. Products include:

life, annuity, auto, fire and casualty sold throughout the 50 states. Areas of practice include insurance,

litigation, employment and contracts. Jury and court trial experience in tort, contract, coverage and

collection cases.

WORK EXPERIENCE

2008 – Present Associate, Kohner, Mann & Kalias, Milwaukee, WI

• Commercial litigation related to debt collection and consumer transactions.

• Representing sellers/vendors in actions involving business sales and service contracts and counter

claim management.

• Mediating complex commercial transactions including construction liens, commercial construction,

advertising/publishing sales, and breach of contract.

• Achieving cost-effective pre-trial resolution.

• All aspects of trial preparation including written discovery, depositions, motion practice, oral

arguments, and document review.

2007 - 2008 Assistant General Counsel, Transamerica Life Insurance Company, Cedar Rapids, IA

• Litigation management: Direct course of litigation for major company exposures and class

action lawsuits including retaining outside counsel, preparing witnesses, attending depositions,

hearings, mediations and trials. Obtained denial of class certification, dismissal of class action suits

and settlement of a class action for $6.75 million.

• Prepare company response to attorney general and regulatory investigations.

• Implement procedure to respond to class actions where the company is a class member.

• Lead company initiative to reduce costs through adoption of preferred counsel.

• Coordinate 8 life insurance companies and affiliated broker-dealers’ litigation reporting,

reserving and case management strategies; meet with outside auditors twice annually and provide

audit letters.

• Report quarterly to senior management on company wide litigation, developing risks, and

strategy for resolution of risks.

• Assess risk for all company cases scheduled for trial.

• Develop and update company electronic discovery production protocol, draft significant case

law alerts and provide training on significant legal developments.

• Implement policy modifications due to regulatory changes and developments in the law.

• Represent AEGON/Transamerica Companies on American Council of Life Insurers Litigation

Committee.

• Manage IS contracting, intellectual property rights concerning software development & policy

patents.

• Advise senior management with respect to open records laws concerning publicly traded

companies and appropriate release of information.

2001 - 2007 Senior Attorney, Life Investors Insurance Company, Cedar Rapids, IA

• Advise multiple divisions with employees in Iowa, New York, California,

Kentucky and other states regarding employment actions including:

• Determine discrimination risk in employee discipline.

• Analyze and develop strategy to prevent workplace violence threats.

• Provide legal oversight, discrimination testing, and advice before, during

and after reductions in force and staff restructurings.

• Negotiate severance contracts and employment dispute settlements.

• Respond to EEOC and Civil Rights Commission ADA, Title VII, & FMLA

complaints.

• Supervise annual Human Resource report preparation detailing claims, costs and

trends.

• Draft and revise employment policies and procedures.

• Train management and human resources on employment law, workplace violence

and recurring issues of concern such as harassment and discrimination.

• Manage litigation relating to computer services contract and salary disputes.

• Attend trials as company representative and advisor with 100% win rate.

1995 – 2001 Attorney at Law, Tikalsky, Raasch & Tikalsky, Waukesha, WI

• Trial Counsel in tort, family and contract cases: First chaired jury and court trials;

argued and briefed summary judgment motions, trial motions and procedural motions; drafted,

served and answered discovery; took depositions; directed pre-trial investigation, drafted and filed

post-trial briefs including appellate briefs.

• Drafted and negotiated leases, asset purchase agreements, and employment

contracts.

• Provided advice to employees regarding legal issues to employees through their

Lawphone employee benefit program. Topics included: Family law, garnishments, property

disputes, traffic matters, wills and estates.

• Primarily practiced in insurance, torts, family, elder and real estate law.

• Additional experience in bankruptcy, employment, environmental law, probate,

intellectual property, collections and workers compensation.

• Representative clients: State Farm Insurance Companies, GRE Insurance Group,

Principal Financial, Spancrete, and Carma Laboratories.

EDUCATION

J.D., cum laude, Marquette University Law School, 1995

M.A., Wichita State University, 1992

B.S., Iowa State University, 1989

BAR ADMISSIONS

Iowa Supreme Court, 2001

Wisconsin Supreme Court, 1995

Wisconsin Eastern and Western Federal District Court, 1995

Seventh Circuit Federal Court of Appeals, 1995

PUBLISHED CASES

Peace Lutheran Church and Academy vs. Village of Sussex, 246 Wis. 2d 502, 631 N.W.2d 229, 2001 WI

App. 139 (Ct. App. 2001).

In re the Marriage of: Christopher King vs. Sonia King, 224 Wis. 2d 235, 590 N.W. 2d 480 (1999).

Jeanne Finkenbinder v. State Farm Mutual Automobile Insurance Company, 215 Wis. 2d 145, 572 N.W.

2d 501 (Ct. App. 1997).

PUBLICATIONS

Comment, Advertising Amenability: Can Advertising Create Amenability?, 78 MARQ. L. REV. 212 (1994)

REFERENCES

Available on request

Contact this candidate