Expert Analysis

• 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.

• 11th Circ. Geico Ruling Underscores Bad Faith Test

  

  A recent ruling by the Eleventh Circuit highlighted that negligence is not the standard for a finding of bad faith and that the insurer can overcome a bad faith suit by being diligent in its investigation and settlement efforts, emphasizing the totality of the circumstances test, says Juan Garrido at Cozen O'Connor.

• 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.

• What 2 Recent Rulings Mean For Trafficking Liability Coverage

  

  Two recent federal district court decisions add to a growing number of courts concluding that Trafficking Victims Protection Reauthorization Act claims may trigger coverage under commercial general liability policies, rejecting insurer arguments regarding public policy and exclusion defenses, says Joe Cole at Shumaker.

• 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.

• Wis. PFAS Insurance Ruling A Beacon In Sea Of Uncertainty

  

  While a state court correctly ruled under Wisconsin law that a standard-form pollution exclusion in an insurance policy did not apply to PFAS liability claims from direct exposure, the decision nevertheless highlights the wide variations in state law when it comes to PFAS liability coverage, say attorneys at Haynes Boone.

• Demystifying Generative AI For The Modern Juror

  

  In cases alleging that the training of artificial intelligence tools violated copyright laws, successful outcomes may hinge in part on the litigator's ability to clearly present AI concepts through a persuasive narrative that connects with ordinary jurors, say Liz Babbitt at IMS Legal Strategies and Devon Madon at GlobalLogic.

• How New Rule On Illustrative Aids Is Faring In Federal Courts

  

  In the 10 months since new standards were codified for illustrative aids in federal trials, courts have already begun to clarify the rule's application in different contexts and the rule's boundaries, say attorneys at Bernstein Litowitz.

• Strategies To Get The Most Out Of A Mock Jury Exercise

  

  A Florida federal jury’s recent $329 million verdict against Tesla over a fatal crash demonstrates how jurors’ perceptions of nuanced facts can make or break a case, and why attorneys must maximize the potential of their mock jury exercises to pinpoint the best trial strategy, says Jennifer Catero at Snell & Wilmer.

• Notable Developments At The NAIC Summer Meeting

  

  Attorneys at Debevoise discuss their top takeaways from the National Association of Insurance Commissioners summer meeting last month, including developments on risk-based capital requirements and the evolving use of artificial intelligence in insurance practices.

• Avoiding Unforced Evidentiary Errors At Trial

  

  To avoid self-inflicted missteps at trial, lawyers must plan their evidentiary strategy as early as their claims and defenses, with an eye toward some of the more common pitfalls, says Nate Sabri at Perkins Coie.

• When AI Denies, Insurance Bad Faith Claims May Follow

  

  Two recent rulings from Minnesota and Kentucky federal courts signal that past statements about claims-handling practices may leave insurers using artificial intelligence programs in claims administration vulnerable to suits alleging bad faith and unfair trade practices, say attorneys at Cozen O'Connor.