Expert Analysis

• What Trump Order Limiting State AI Regs Means For Insurers

  

  Last week's executive order seeking to preclude states from regulating artificial intelligence will likely have minimal impact on insurers, but the order and related congressional activities may portend a federal expectation of consistent state oversight of insurers' AI use, says Kathleen Birrane at DLA Piper.

• Tapping Into Jurors' Moral Intuitions At Trial

  

  Many jurors approach trials with foundational beliefs about fairness, harm and responsibility that shape how they view evidence and arguments, so attorneys must understand how to frame a case in a way that appeals to this type of moral reasoning, says Steve Wood at Courtroom Sciences.

• Insuring Equality: 3 Tips To Preserve Coverage For DEI Claims

  

  Directors and officers and employment practices liability are key coverages for policyholders to review as potentially responsive to the emerging liability threat of Trump's executive orders targeting corporate diversity, equity and inclusion policies and practices, says Micah Skidmore at Haynes Boone.

• Tracking The Evolution Of AI Insurance Regulation In 2025

  

  As artificial intelligence continues to transform the insurance industry, including underwriting, pricing, claims processing and customer engagement, state regulators, led by the National Association of Insurance Commissioners, are increasing oversight to ensure that innovation does not outpace consumer protections, say attorneys at Fenwick.

• 6 Ways To Nuke-Proof Litigation As Explosive Verdicts Rise

  

  As the increasing number of nuclear verdicts continues to reshape the litigation landscape, counsel must understand how to create a multipronged defense strategy to anticipate juror expectations and mitigate the risk of outsize jury awards, say attorneys at Norton Rose.

• What Law Firm Liability Risks In 2025 Signal For Year To Come

  

  Trends and statistics reveal that law firms of all sizes and practice areas remained attractive litigation targets this year, so firms must take concrete steps to avoid professional liability risks in the year to come, say Douglas Richmond and Andrew Ricke at Lockton Companies.

• 1st-Of-Its-Kind NIL Claim Raises Liability Coverage Questions

  

  The University of Georgia Athletic Association recently sought to compel arbitration against former UGA football player Damon Wilson in a first-of-its-kind legal action for breach of a name, image and likeness contract, highlighting questions around student-athlete employment classification and professional liability insurance coverage, says Sarah Abrams at Baleen Specialty.

• How Unchecked AI Exposes Expert Opinions To Exclusion

  

  A growing number of cases illustrate the potential for misuse of artificial intelligence tools by experts in litigation, resulting in reports with hallucinated information or unexplainable analysis, so to embrace the efficiencies AI tools introduce without falling victim to the risks, attorneys and experts should implement a few best practices, say attorneys at Willkie Farr.

• A Primer On NYDFS' 3rd-Party Cybersecurity Guidance

  

  The New York Department of Financial Services' recently released comprehensive guidance for registrants on managing cybersecurity risks associated with third-party service providers illustrates why proactive engagement by senior leadership, robust due diligence, strong contractual protections and ongoing oversight are essential to mitigating growing risks, say attorneys at McGuireWoods.

• How Trial Attys Can Sidestep Opponents' Negative Frames

  

  In litigation, attorneys often must deny whatever language or association the other side levies against them, but doing so can make the associations more salient in the minds of fact-finders, so it’s essential to reframe messages in a few practical ways at trial, says Ken Broda-Bahm at Persuasion Strategies.

• Ill. State Farm Suit Tests State Insurance Data Demand Limits

  

  The Illinois Department of Insurance's recently filed suit against State Farm, seeking nationwide data on its homeowners insurance, raises important issues as to the breadth, and possible overreach, of a state's regulatory authority, says Stephanie Pierce at Kutak Rock.

• Drafting For Distress: D&O Policy Tips Ahead Of Ch. 11 Filings

  

  Considering recent bankruptcy statistics and the economic climate, now is a good time for companies to revisit their directors and officers liability insurance coverage, as understanding how these programs are structured and which terms matter at placement or renewal can materially improve protection for leaders of a distressed company, say attorneys at Reed Smith.

• Defeating Estoppel-Based Claims In Legal Malpractice Actions

  

  State supreme court cases from recent years have addressed whether positions taken by attorneys in an underlying lawsuit can be used against them in a subsequent legal malpractice action, providing a foundation to defeat ex-clients’ estoppel claims, says Christopher Blazejewski at Sherin and Lodgen.