Expert Analysis

• Perspectives

  Why Trump Sexual Abuse Verdict May Be Hard To Replicate

  

  Survivors of sexual assault may be emboldened to file suit after writer E. Jean Carroll’s trial victory against former President Donald Trump, but before assigning too much significance to the verdict, it’s worth noting that the case’s unique constellation of factors may make it the exception rather than the rule, says Jessica Roth at Cardozo School of Law.

• What Texas Misrepresentation Ruling Means For Insurers

  

  The Texas Supreme Court's recent decision in American National Insurance v. Arce, confirming that insurers must prove intent to deceive in order to rescind coverage based on material misrepresentation, solidifies additional burdens for insurers to consider during both the underwriting and claims adjudication processes, say Josh Pedelty and Javon Johnson at Husch Blackwell.

• Tips For In-House Legal Leaders In A Challenging Economy

  

  Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.

• PFAS Coverage Litigation Strategy Lessons For Policyholders

  

  While policyholders' efforts to recover insurance proceeds for PFAS-related costs are in the early stages, it appears from litigation so far that substantial coverage should be available for PFAS-related liabilities, including both defense costs and indemnity payments in connection with those liabilities, say Benedict Lenhart and Alexis Dyschkant at Covington.

• When Are Cos. Liable For Building Customers' Designs?

  

  The Sixth Circuit's recent decision in Cash-Darling v. Recycling Equipment serves as a warning to manufacturers regarding the extent to which they may become involved in customers' design decisions without exposing themselves to liability, and highlights the fact-sensitive nature of such cases, says Timothy Freeman at Tanenbaum Keale.

• Exxon Ruling Highlights Additional Insured Coverage Conflict

  

  Despite the Texas Supreme Court's recent decision in Exxon Mobil v. National Union, finding that contractual minimum insurance requirements cannot be used as a ceiling to bar umbrella coverage, the case nevertheless illustrates insurers' aggressive tactics to reduce the scope of additional insured coverage, say David Kroeger and Steven Tinetti at Jenner & Block.

• What Associates Need To Know Before Switching Law Firms

  Excerpt from Practical Guidance

  

  The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.

• Considerations For Assumption Of Risk In NY Sports Suits

  

  The New York Court of Appeals' recent opinion in two cases on the assumption of risk doctrine in sports activities demonstrates that the doctrine serves as a complete bar to recovery in limited circumstances, despite the enactment of Civil Practice Law and Rules Article 14-A, say Frank Izzo and Joseph Pidel at Rivkin Radler.

• A Case For Sharing Mediation Statements With Counterparties

  

  In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.

• Tackling Long-Tail Legacy Liability Risk: A Defendant's Toolkit

  

  Johnson & Johnson was recently rebuffed in its efforts to employ the "Texas Two-Step," which is likely to affect this increasingly popular method to isolate and spin off large asbestos and talc liabilities, but companies have multiple options to reduce long-tail legacy liability risk, says Stephen Hoke at Hoke LLC.

• Trump Sex Abuse Trial Loss Charts Evidence Rules Road Map

  

  E. Jean Carroll’s trial victory Tuesday — in which a Manhattan federal jury held former President Donald Trump liable for sexual abuse and defamation — demonstrates how attorneys can strategically invoke evidentiary rules pretrial, and provides a template for other survivors to hold defendants to account, say attorneys Reuben Guttman and Whitney Untiedt.

• Preparing For Legal Scrutiny Of Data Retention Policies

  

  Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.

• Md. Abuse Law Makes Past Liability Coverage Review Vital

  

  Maryland is the first state to allow an indefinite lookback period for previously time-barred lawsuits by victims of child sexual abuse against public and private entities — and lawsuits brought under the new law likely will implicate coverage under insurance policies issued over the past 80 years or longer, say Michael Levine and Olivia Bushman at Hunton.

• Opinion

  Attorneys Should Have An Ethical Duty To Advance DEI

  

  National and state bar associations are encouraging attorneys to apply diversity, equity and inclusion practices in the legal profession and beyond, and these associations should take it one step further by formally recognizing ethical duties for attorneys to promote DEI, which could better the legal profession and society, says Elena Mitchell at Moore & Van Allen.

• Use Caution In Cases Involving Illegal Images Of Minors

  

  In cases where underage victims of sexual assault and abuse have been coerced into sharing nude or sexual images, attorneys representing abuse survivors must understand the strict protocols that regulate the handling of such illegal images, while taking care to protect essential evidence, says Michelle Simpson Tuegel at Simpson Tuegel.