Expert Analysis

• How DExit, Mandatory Arbitration Could Alter IPO Outlook

  

  As companies continue to leave Delaware and the U.S. Securities and Exchange Commission begins allowing companies to implement mandatory arbitration provisions, these developments could have a major impact on the initial public offering, securities class action, and directors and officers insurance landscapes, says Walker Newell at Arthur J. Gallagher & Co.

• How Cos. Should Prepare For NY RAISE Act Compliance

  

  With the New York Responsible AI Safety and Education Act taking effect March 19, state regulators will expect subject artificial intelligence governance policies to understand whether appropriate safeguards and protocols are in place to prevent or mitigate discriminatory or adverse outcomes by frontier models, says Michael Paulino at Gordon Rees.

• Trial Advocacy Lessons From 3 Oscar-Nominated Films

  

  Several films up for best picture at this weekend’s Academy Awards provide useful tips for trial lawyers, from the power of a dramatic opening to the importance of pivoting when the unexpected happens, say attorneys at Robins Kaplan.

• Can Trump's AI Order Override State Insurance Rules?

  

  Although a December executive order charts a course to potentially dismantle state artificial intelligence regulations applicable to virtually any industry, the effect on the insurance industry deserves special attention because under federal law, the regulation of the business of insurance is largely delegated to the states, say attorneys at Eversheds Sutherland.

• PFAS Risks In M&A Amid Litigation, Legislative Developments

  

  Per- and polyfluoroalkyl substances have become a significant M&A concern amid new trends in settlements and state laws, and potential buyers must find ways to evaluate potential related risks, say attorneys at Debevoise.

• How To Counter 7 Logical Fallacies In Legal Arguments

  

  Many legal arguments are riddled with reasoning flaws that can effectively distract or persuade the fact-finder, but these tactics lose much of their power when attorneys recognize and strategically shine a light on them, says Allison Rocker at Baker McKenzie.

• Reel Justice: 'Sentimental Value' And Witness Anxiety

  

  "Sentimental Value" reminds us that anxiety can interfere with performance, but unlike actors, witnesses cannot rehearse their lines or control the script, so a lawyer's role is not to eliminate stress, but to create conditions where the accuracy of a witness's testimony survives under pressure, says Veronica Finkelstein at Wilmington University.

• Mind The Gap: Crafting D&O Straddle Coverage For M&A

  

  A recent Florida federal court decision highlights an often-overlooked risk for those negotiating directors and officers insurance coverage for mergers and acquisitions: the potential for so-called straddle claims, falling in the gap between tail and go-forward coverage, say attorneys at Reed Smith.

• 4th Circ. D&O Ruling Shows Why Textual Policy Args Are Best

  

  The Fourth Circuit's recent decision in favor of the insurer in Navigators Insurance v. Under Armour highlights how plain-text policy interpretation protects party autonomy and improves predictability to the benefit of both insurers and insureds, say attorneys at Zelle.

• Clarifying A Persistent Misconception About Settlement Talks

  

  An Indiana federal court’s recent Cloudbusters v. Tinsley ruling underscores the often-misunderstood principle that Rule 408 of the Federal Rules of Evidence does not bar parties from referencing prior settlement communications in their pleadings — a critical distinction when such demands further a fraudulent or bad faith scheme, say attorneys at Hanson Bridgett.

• Tick, Tock: Maximizing The Clock, Regardless Of Trial Length

  

  Whether a judge grants more or less time for trial than an attorney hoped for, understanding how to strategically leverage the advantages and attenuate the disadvantages of each scenario can pay dividends in juror attentiveness and judicial respect, says Clint Townson at Townson Litigation.

• How Policy Differences Affect Recovery From Cyberattacks

  

  Careful attention to policy language and real-world operational realities can mean the difference between a partial and a full recovery after a cyberincident — particularly, how long the insurance policy will cover lost income and extra expenses incurred, and when that period ends, says Scott Godes at Barnes & Thornburg.

• What To Know About Project-Specific Professional Liability

  

  The ongoing rebuild of the Francis Scott Key Bridge is an example of a construction megaproject that may call for project-specific professional liability insurance, a specialized product that must be negotiated with care, especially when it comes to its multiple claims provisions, say attorneys at Maslon.