Expert Analysis

• What Insurers Must Know When Insureds File For Bankruptcy

  

  With increasing inflation, rising unemployment and growing consumer credit delinquencies, insurers and their intermediaries must be prepared to handle policyholders who are filing for bankruptcy by acquainting themselves with key procedural details of the bankruptcy process, say attorneys at McDermott.

• Identifying The Sources And Impacts Of Juror Contamination

  

  Jury contamination can be pervasive, so it is important that trial teams be able to spot its sources and take specific mitigation steps, says consultant Clint Townson.

• State Of Insurance: Q3 Notes From Illinois

  

  Matthew Fortin at BatesCarey discusses notable developments in Illinois insurance law from the last quarter including a state appellate court's weighing in on the scope of appraisal, a pending certified question in the Illinois Supreme Court from the Seventh Circuit on the applicability of pollution exclusions to permitted emissions, and more.

• SDNY OpenAI Order Clarifies Preservation Standards For AI

  

  The Southern District of New York’s recent order in the OpenAI copyright infringement litigation, denying discovery of The New York Times' artificial intelligence technology use, clarifies that traditional preservation benchmarks apply to AI content, relieving organizations from using a “keep everything” approach, says Philip Favro at Favro Law.

• What EPA's Continued Defense Of PFAS Rule Means For Cos.

  

  The U.S. Environmental Protection Agency's recent decision to continue defending a Biden-era rule designating two per- and polyfluoroalkyl substances as Superfund hazards may provide the EPA with significant authority over national PFAS cleanup policy — and spur further litigation by both government and private parties, say attorneys at Morgan Lewis.

• 3 New Cyberinsurance Rulings Aid In Policy Interpretation

  

  Although the cyberinsurance market has exploded, there is no standardized cyber language or form and only a few court decisions thus far interpreting cyberinsurance policy language, making these three recent rulings key for guiding policyholders, insurers and brokers, say attorneys at Haynes Boone.

• How Financial Cos. Can Prep As NYDFS Cyber Changes Loom

  

  Financial institutions supervised by the New York State Department of Financial Services can prepare for two critical cybersecurity requirements relating to multifactor authentication and asset inventories, effective Nov. 1, by conducting gap analyses and allocating resources to high-risk assets, among other steps, say attorneys at Pillsbury.

• Civil Maritime Nuclear Sector Poised For Growth, Challenges

  

  The maritime industry now stands on the verge of a nuclear-powered renaissance, with the need for clean energy, resilient power generation and decarbonized logistics driving demand for commercial maritime nuclear technology — but these developments will raise significant new legal, regulatory and technical questions, say attorneys at Holland & Knight.

• Understanding And Managing Jurors' Hindsight Bias

  

  Hindsight bias — wherein events seem more predictable after the fact than they were beforehand — presents a persistent cognitive distortion in jury decision-making, but attorneys can mitigate its effects at trial through awareness, repetition and framing, say consultants at Courtroom Sciences.

• Hybrid Claims In Antitrust Disputes Spark Coverage Battles

  

  Antitrust litigation increasingly includes claims for breach of warranty, product liability or state consumer protection violations, complicating insurers' reliance on exclusions as courts analyze whether these are antitrust claims in disguise, says Jameson Pasek at Caldwell Law.

• Better Crypto Insurance Is Attainable Amid Regulatory Shifts

  

  With regulatory clarity improving and insurance carriers taking an increasingly constructive approach, crypto industry participants can improve their insurance coverage and pricing if finance, legal and compliance teams take specific steps, say Walker Newell and Jacob Sawyer at Woodruff-Sawyer.

• NC Banking Brief: All The Notable Legal Updates In Q3

  

  There were several impactful changes to the financial services landscape in North Carolina in the third quarter of the year, including statutory updates, enforcement developments from Office of the Commissioner of Banks, and notable mergers, acquisitions and branch expansions, say attorneys at Moore & Van Allen.

• Montana Federal Ruling Takes Broad View Of 'Related Claims'

  

  A Montana federal court recently took a broad view of related claims, ruling that claims brought by different plaintiffs in different states alleging different legal theories were nevertheless under a directors and officers insurance policy, illustrating the range of interpretations courts may give these clauses, say attorneys at Hunton.