Insurance

Expert Analysis

• Rebuttal

  Legal Industry Should Pursue AI Prediction Progress

  

  As part of the debate prompted by my recent Law360 guest article on legal prediction using artificial intelligence, I would like to unpack four issues and suggest that attorneys and technologists continue to tackle the problems presently within reach, says Joseph Avery at Claudius Legal Intelligence.

• What ACA's Uncertain Future Means For Biologics Patents

  

  If the U.S. Supreme Court takes up the constitutional challenge to the Patient Protection and Affordable Care Act, it could eliminate the Biologics Price Competition and Innovation Act, creating patent litigation uncertainties and reducing cost-effective treatment options, say attorneys at Axinn.

• Solutions To 4 Common Law Firm Diversity Challenges

  

  A workshop recently held by the California Minority Counsel Program provides steps law firms can take toward solving minority attorneys' limited access to social capital and lack of meaningful investment, as well as other obstacles to diversity and inclusion, says Alexandra DeFelice, director of marketing and business development at Payne & Fears.

• When Coronavirus May Trigger SEC Disclosure Requirements

  

  Amid uncertainty over the global impact of coronavirus, companies across a variety of industries should evaluate several factors to determine when specific outcomes compel U.S. Securities and Exchange Commission disclosures, says Adele Hogan at Nelson Mullins.

• Rebuttal

  Discrimination Cases Are Too Complex For AI Fee Prediction

  

  A recent Law360 guest article criticizing the New Jersey Supreme Court’s ruling in Balducci v. Cige overlooks the intricate nature of discrimination cases, which renders artificial intelligence an insufficient tool for predicting time and cost, says Paul Aloe at Kudman Trachten.

• Courts May Clash With Litigants Over Document Review Tech

  

  As courts increasingly accept technology-assisted document review, some are bordering on forcing parties to employ TAR, in which case attorneys may need to step in if their clients prefer other processes, say Donna Fisher and Matthew Hamilton at Pepper Hamilton.

• The Legal Trends Behind 'Social Inflation' In Insurance

  

  Modern societal factors such as litigation funding and the information age's impact on jurors have generally raised insurers' defense and indemnity costs across multiple lines of coverage. Fortunately, insurers have several tools to address this increase, sometimes referred to as social inflation, say attorneys at Hinshaw & Culbertson.

• Rebuttal

  AI Can't Accurately Predict Case Length And Cost — Yet

  

  A recent Law360 guest article argued that artificial intelligence can precisely estimate the length and cost of a new case, but several limitations will likely delay truly accurate predictions for years to come, says Andrew Russell at Shaw Keller.

• CMS Reinsurance Rule Raises Quota Share Questions

  

  Although the Centers for Medicare & Medicaid Services' new reinsurance rule is a welcome development for Medicare Advantage organizations, uncertainty surrounds whether it could ever allow quota share reinsurance agreements, say Jon Biasetti and Benjamin Sykes of Locke Lord.

• Lawyers Can Build Trust Through The Spoken Word

  

  As attorneys, we may prefer the precision of written communication, but a phone call or an in-person conversation builds trust by letting others see and hear our authentic selves, rather than something constructed or scripted, says mediator Sidney Kanazawa of ARC.

• Opinion

  Legal Prediction Is Demanding But Not Impossible

  

  The New Jersey Supreme Court’s recent decision in Balducci v. Cige incorrectly concluded that predicting the length and cost of a case is nearly impossible, and overlooked artificial intelligence's ability to do so, says Joseph Avery with Claudius Legal Intelligence.

• Recent Cases Defy Conventional Merger Control Wisdom

  Excerpt from Lexis Practice Advisor

  

  In the decades since the passage of the Hart-Scott-Rodino Act and Tunney Act, four mergers and acquisitions antitrust practice trends have endured, but there are several recent counterexamples — including a New York federal court's approval of the T-Mobile-Sprint merger this week, says Tim Haney of Lexis Practice Advisor.

• 6 Steps Insurers Can Take To Stay Ahead Of Privacy Laws

  

  When working to comply with the California Consumer Privacy Act and new privacy and data security regulations in other states, insurers need to assess the categories, sources and uses of personal data they collect, paying close attention to important definitions that may vary under different laws, say Laura Jehl and Jaime Petenko of McDermott.

• Insurance Ruling Handles Ransomware Coverage Logically

  

  A Maryland federal judge's recent decision in National Ink and Stitch v. State Auto is among the first to hold that a business owner's insurance policy covered ransomware attack losses, utilizing well-reasoned analysis to demonstrate that coverage for cyberrisks can be found in traditional insurance contracts, say attorneys at Jaszczuk.

• Malpractice Landscape Is Becoming Riskier For BigLaw

  

  A recent survey of lawyers’ professional liability insurers revealed an increase in malpractice claims against law firms, suggesting clients will demand more accountability in the coming decade, say Gerald Klein and Amy Nguyen at Klein & Wilson.