Expert Analysis

• AI Litigation Tools Can Enhance Case Assessment, Strategy

  

  Civil litigators can use artificial intelligence tools to strengthen case assessment and aid in early strategy development, as long as they address the risks and ethical considerations that accompany these uses, say attorneys at Barnes & Thornburg.

• The Emerging Issues Shaping Real Estate Project Insurance

  

  As real estate faces increasingly complex considerations — such as climate losses, "nuclear verdicts" and regulatory changes — insurance is evolving into a strategic function that should be discussed early in the planning stages of a project, says Jason Adams at Cox Castle.

• Insurer Investigation Lessons From 'The Real Housewives'

  

  The recent indictment of "Real Housewives of Potomac" stars Wendy and Edward Osefo on charges of insurance fraud serves as a cautionary tale for commercial policyholders about the tools insurers may use to investigate a suspicious or large insurance claim, and offers lessons on recordkeeping and cooperation, say attorneys at Hunton.

• State Of Insurance: Q3 Notes From Pennsylvania

  

  Todd Leon at Marshall Dennehey discusses three notable Pennsylvania auto insurance developments from the third quarter, including the Third Circuit weighing in on actual cash value, a state appellate court opining on the regular use exclusion and state legislators introducing a bill to increase property damage minimums.

• 10 Quick Tips To Elevate Your Evidence Presentation At Trial

  

  A strong piece of evidence, whether in the form of testimony or exhibit, is wasted if not presented effectively, so attorneys must prepare with precision to help fact-finders both retain the information and internalize its significance, says Allison Rocker at Baker McKenzie.

• 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.

• New Mass. 'Junk Fee' Regs Will Be Felt Across Industries

  

  The reach of a newly effective regulation prohibiting so-called junk fees and deceptive pricing in Massachusetts will be widespread across industries, which should prompt businesses to take note of new advertising, pricing information and negative option requirements, say attorneys at Hinshaw.

• 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.

• 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.

• 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.