HB Litigation News

Author: Tom Hagy

Mitigating Greenwashing Litigation Risks with Ramya Ravishankar

Mitigating Greenwashing Litigation Risks with Ramya Ravishankar

Concepts: ESG, ESG Reporting, Greenwashing, Greenwashing Litigation, Risk Mitigation, Misleading Claims, Sustainability Commitments

Companies are grappling with how to market the eco-friendly, people friendly, and animal friendly characteristics of their products and services, while also not getting in trouble with the law. Some have learned this the hard way. Some have wisely consulted experts. (That’s foreshadowing.)

ESG – or Environmental, Social and Governance – reporting and so-called greenwashing litigation have implications for a wide range of stakeholders. Companies face significant financial and reputational risks, while investors, regulators, advocacy groups, and consumers all have an interest in ensuring the accuracy and transparency of ESG information.

Last year the SEC adopted amendments to the Investment Company Act with the “Names Rule,” which addresses fund names that are likely to mislead investors about a fund’s investments and risks.

On the consumer side, the FTC has been on the case as it stalks misleading advertising claims. Violations have real consequences. In 2022 the FTC reached multimillion dollar settlements with store chains Kohl’s and Walmart over claims that certain products were eco-friendly and made from bamboo, when they were really made from rayon.

More recently, a class action was filed in federal court in New York over the “carbon neutral” branding on bottled water.

But there are some important court decisions our guest wants you to know about, involving shoemaker AllBirds and beauty products company Sephora.

She is Ramya Ravishankar, General Counsel & Corporate Secretary of the HowGood company, an independent research firm that helps the world’s largest food brands meet their sustainability commitments. Ramya is a former environmental biologist turned attorney who is – as you will soon hear — passionate about the intersection of food and sustainability. Previously, Ramya was Associate General Counsel at Bowery Farming – producer of pesticide free lettuce, other leafy foods, and herbs. Before that she was a regulatory enforcement associate at Skadden Arps. Ramya earned her J.D. from Columbia Law School in New York and a B.S. from Queen’s University in Ontario, Canada.

Also, she is awesome! I think you will enjoy the interview.

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This podcast is the audio companion to the Journal on Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation Conferences and the vLex Fastcaselegal research family, which includes Full Court Press, Law Street Media, and Docket Alarm.

If you have comments, ideas, or wish to participate, please drop me a note at Editor@LitigationConferences.com.

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Tom Hagy
Litigation Enthusiast and
Host of the Emerging Litigation Podcast
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Guest

Ramya RavishankarHowGood

Ramya is a former environmental biologist turned attorney who is passionate about the intersection of food and sustainability. She is the General Counsel at HowGood, an independent research company powering the sustainability commitments of the world’s largest food brands. Previously, she has served as Associate General Counsel at Bowery Farming and as a regulatory enforcement associate at the law firm Skadden Arps.

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June 21, 2024
Automation Comes to Our Litigation Nation with James Lee

Automation Comes to Our Litigation Nation with James Lee

Concepts: Litigation Automation, Generative Artificial Intelligence, Generative AI, Legal Tech

In this episode we talk about litigation automation, and another case in which innovators are using artificial intelligence to transform legal operations.

We also speak with our guest about his transformation from a litigator to a tech entrepreneur, and how the company he co-founded is using modern tools to do in minutes what used to take hours. These tasks include responding to demand letters, complaints, and discovery requests, and executing matter profiling and data analytics, all of which are traditionally rote and repetitive and time-consuming undertakings.

He is James M. Lee, co-founder and CEO of LegalMation. James conceived the idea behind LegalMation — which is to leverage the power of generative artificial intelligence to transform litigation and dispute resolution — while managing a litigation boutique. An experienced and recognized litigator and trial attorney, James received his J.D. from Stanford Law School.

Also joining me, I’m pleased to say, is the ever-inquisitive and always attentive Sara Lord, legal analytics professional extraordinaire, who raised questions from the litigator’s perspective.

I hope you enjoy the conversation! If so, give us a rating!

This podcast is the audio companion to the Journal on Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation Conferences and the vLex Fastcaselegal research family, which includes Full Court Press, Law Street Media, and Docket Alarm.

If you have comments, ideas, or wish to participate, please drop me a note at Editor@LitigationConferences.com.

Tom Hagy
Litigation Enthusiast and
Host of the Emerging Litigation Podcast
Home Page
LinkedIn

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Emerging Litigation & Risk Compliance Litigation & appeals Cybersecurity Data Privacy Artificial Intelligence (AI) Insurance Companies Risk Management Corporate & Securities Insurance Claims Recovery Regulations Data Breach Toxic Torts Antitrust Legal Tech Product Liability Settlements Trial Personal Injury Privacy Healthcare Per- and Polyfluoroalkyl Substances (PFAS) Data Analytics Arbitration Constitutional Law Climate Change Cannabis Labor Law Insurance Fraud Liability Claims COVID Alternative Dispute Resolution (ADR) Mediation Diversity Equity Inclusion (DEI) Claims management Professional Liability Legal Research & Writing Business Interruption Law Practice Management Trial Skills Property and Casualty Drug Laws Copyright Law Catastrophic Loss

James M. Lee | CEOLegalMation

As the CEO of LegalMation, James is the key driver of the company’s vision and strategy. He devised the idea for LegalMation while managing LTL Attorneys LLP, a nationally-recognized litigation boutique he co-founded, as the first spin-off of Quinn Emanuel. As an experienced litigator, James has tried numerous cases in federal and state courts. He has been recognized as a top business litigator by various legal publications including the National Law Journal. He is a frequent and noted speaker and commentator in the field of AI and innovations in the legal industry. James received his J.D. from Stanford Law School.

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June 20, 2024
The Medical Monitoring Tort Remedy
The Medical Monitoring Tort Remedy

Better understand the medical monitoring tort remedy, which states recognize it, how it evolved, and how courts are treating it.

The medical monitoring tort remedy – allowing for medical monitoring without physical injury – is recognized in 14 states and not allowed in 23. The law is divided in two states while the rest have not specifically addressed the issue.

States that allow medical monitoring to do so when a group of claimants is at increased risk of disease or injury due to exposure to a known hazardous substance or a dangerous product as the result of a defendant’s conduct. Under this tort remedy, claimants are tested periodically, for an agreed or decided period, usually between 10 and 40 years.

Medical monitoring recognizes the long-term harmful nature of toxins and man-made products, thereby matching a remedy with the malady.

In this webinar the speakers will discuss the evolution of the tort, related cases, tests to determine whether the tort should be applied, types of monitoring, and the arguments for an against medical monitoring.

You will learn about:
- The elements of the medical monitoring tort remedy and which states recognize it.
- The evolution of the medical monitoring tort remedy and relevant court decisions addressing it.
- A “classic case” to understand how a program was implemented and what it found.
- Cases studies demonstrating claimant participation rates.
- Different types of medical monitoring programs.
- Elements necessary to establish a case for medical monitoring.
- Legal background and typical implementation.
- Arguments for and against medical monitoring from the plaintiff and defense perspectives.
- A possible cure for the requirement of physical damage prior to having medical monitoring: sub-cellular damage proof.
Loved watching Ed & Kip’s webinar?

Explore Ed’s additional content on the subject matter.

Podcast: Medical Monitoring for Modern Times with Ed Gentle

JEIL: The Medical Monitoring Tort Remedy: Its Nationwide Status, Rationale, and Practical Application (A Possible Dynamic Tort Remedy for Long-Term Tort Maladies)

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Speakers

Edgar C. Gentle IIIGentle Turner & Benson LLC

Edgar (“Ed”) C. Gentle III is founder and managing partner of Gentle, Turner, Sexton & Harbison, LLC, in Birmingham, Alabama. Largely focusing his practice on complex commercial litigation and mass tort/class action litigation, he often works for the courts as a neutral special master and settlement administrator. He is an experienced special master and claims administrator in mass tort litigation, providing claims administration and financial and business advice to courts, settling parties, and mass tort settlements. He has helped create and administer more than $6 billion in settlements during the past 20 years. He earned his J.D. from the University of Alabama School of Law as a Hugo Black Scholar.

Katherine (“Kip”) A. Benson Attorney, Gentle Turner & Benson LLC

Katherine (“Kip”) A. Benson is a partner at Gentle, Turner, & Benson, LLC and has experience in mass tort/class action settlement administration, probate law, general corporate practice, real estate, and telecommunications law. She specializes in Medicare/Medicaid lien resolution and other aspects of settlement administration. She has assisted with the administration of several multi-million-dollar class action settlements, including a $300 million PCB settlement involving 18,000 claimants. Benson earned her J.D. from the University of Alabama School of Law.
June 4, 2024
Mental Wellbeing and Fulfillment for Litigators: Sara Lord Interviews Gary Miles

Mental Wellbeing and Fulfillment for Litigators: Sara Lord Interviews Gary Miles

Concepts: Mental Health Awareness, Lawyer Wellbeing, Coping Strategies, Stress Management, Litigator Fulfillment

This episode is dedicated to Mental Health Awareness Month — May 2024 — in which we explore some of the keys to achieving wellbeing as a human litigator.

Lawyers contemplate suicide at “an exceedingly high rate.” Whereas 4.2% of adults have reported contemplating suicide, that figure is 10-12% among lawyers. According to a study published by MDPI, lawyers are prone to mental health issues, including anxiety, depression, and substance abuse. “[O]ur findings suggest the profile of a lawyer with the highest risk for suicide is a lonely or socially isolated male with a high level of unmanageable stress, who is overly committed to their work, and may have a history of mental health problems.” Released in 2023, the authors of the study — Stressed, Lonely, and Overcommitted: Predictors of Lawyer Suicide Risk (Krill, Thomas, Kramer, Degeneffe, and Anker) — say there is a need for interventions to address these risks, including “education, resources, and support for lawyers to better manage their workload, modifying work demands and expectations, and promoting a culture of openness and support within law firms.”

With that as a backdrop, guest host and legal analytics professional Sara Lord interviews success coach and former litigator Gary Miles about the professional dissatisfaction litigators experience when the pursuit of fulfillment clashes with high-stress demands — from burnout to depression to imposter syndrome. Explore practical strategies for managing anxiety and embracing mindfulness, like reframing your thoughts, celebrating even small achievements, identifying trusted colleagues and mentors, the importance of rest, and reaching out for help. Learn some of the wisdom Gary imparts via his counseling services.

Feeling emotionally crisp? “There is always a solution. Always,” Gary says.

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Need Immediate Help? If you are in the U.S. and experiencing thoughts of suicide, call or text the 988 Suicide and Crisis Lifeline at 988 or IMAlive at 1-800-784-2433. In the UK and Ireland – Call Samaritans UK at 116 123; in Australia – Call Lifeline Australia at 13 11 14; in other countries – Visit IASP or Suicide.org to find a helpline in your country.

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This podcast is the audio companion to the Journal on Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation Conferences and the vLex Fastcaselegal research family, which includes Full Court Press, Law Street Media, and Docket Alarm.

If you have comments, ideas, or wish to participate, please drop me a note at Editor@LitigationConferences.com.

Tom Hagy
Litigation Enthusiast and
Host of the Emerging Litigation Podcast
Home Page
LinkedIn

Loved listening to Sara’s interview with Gary Miles?

Listen to Sara’s other podcast interviews!

Podcast: Technology-Assisted Review: Sara Lord Interviews Data Scientist Lenora Gray

Podcast: Transforming Legal Workflows with AI: Sara Lord Interviews Tara Emory and Wilzette Louis

Guest Host

Sara LordManaging Director of Legal Metrics

Sara Lord is a former practicing attorney with a decade of experience in data analytics. Sara applies her talents in large and small law firms and businesses to explore and address the cultural and practical barriers to diversity in law, and client-first business-oriented practices. As Managing Director of Legal Metrics, she leads a team of experts focused on providing the tools to support data-driven decision making in legal operations and closer collaboration between law firms and their clients through automation and standardization of industry metrics.

Sara earned her J.D. from New York University School of Law.

Guest

Gary MilesSuccess Coach and Former Litigator

Gary Miles has been a high-level trial attorney for over 40 years in a variety of areas including transportation law, serious personal injury, family law, and estate disputes. He presently focuses on family law and loves to lift and support his clients when they are in a very difficult place.

He has been the managing partner of Huesman, Jones, and Miles for over 3 decades. He has been an active member of many professional associations including the American Bar Association.

He is a trained mediator with over 120 hours in mediation training. He has participated in over 1000 mediations and settlement conferences both as counsel for one of the parties and as the facilitator. His studies featured specialized training for divorce mediation, including a focused course on child access, property, and financial issues, and commercial litigation mediation. He delights in helping clients solve their challenging issues.

Gary brings over four decades of experience as a problem solver to his coaching business. He has an incredible passion for helping his clients discover the blocks that are holding them back and freeing them to better achieve their dreams. He has helped clients and parties resolve thousands of issues and disputes over the years. He is blessed with a calm demeanor and is an empathetic listener.

Want to appear on the Emerging Litigation Podcast?

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Tags

Emerging Litigation & Risk Compliance Litigation & appeals Cybersecurity Data Privacy Artificial Intelligence (AI) Insurance Companies Risk Management Corporate & Securities Insurance Claims Recovery Regulations Data Breach Toxic Torts Antitrust Legal Tech Product Liability Settlements Trial Personal Injury Privacy Healthcare Per- and Polyfluoroalkyl Substances (PFAS) Data Analytics Arbitration Constitutional Law Climate Change Cannabis Labor Law Insurance Fraud Liability Claims COVID Alternative Dispute Resolution (ADR) Mediation Diversity Equity Inclusion (DEI) Claims management Professional Liability Legal Research & Writing Business Interruption Law Practice Management Trial Skills Property and Casualty Drug Laws Copyright Law Catastrophic Loss

May 22, 2024
Litigation Prognostication with Dan Rabinowitz

Litigation Prognostication with Dan Rabinowitz

Concepts: Litigation Forecasting, Litigation Prediction, Technology, Data Analysis

The art and science of forecasting litigation outcomes just got a lot more sciencey.

Years of immersion in complex business disputes is bound to shine a light on problems begging for solutions. In this case, our guest observed the laborious and ineffective slog that is trying to forecast how long a case will take, how much it might cost, which jurisdiction will treat it with kindness, or how a judge might rule on a motion for summary judgment.

These are some of the critical questions our guest set out to address through the use of technology and assessment of massive data sets. He is Dan Rabinowitz, Co-Founder and CEO of Pre/Dicta, a six-year-old company that provides litigation prediction and forecasting services. Before Pre/Dicta, Dan was an attorney in Sidley Austin LLP’s Supreme Court and Appellate Group and the firm’s Mass Tort Litigation Group. Later, he served as trial attorney in the U.S. Department of Justice, general counsel to a data science company, and associate general counsel, chief privacy officer, and director of fraud analytics for WellPoint Military Care.

Listen to what Dan has to say about how the power of technology is going to make predicting litigation as commonplace as predicting the weather. He also shares insights into a study Pre/Dicta conducted that tested assumptions about judges based on their political affiliations.

I hope you enjoy the episode. If so, give us a rating!

*******

This podcast is the audio companion to the Journal on Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation Conferences and the vLex Fastcaselegal research family, which includes Full Court Press, Law Street Media, and Docket Alarm.

If you have comments, ideas, or wish to participate, please drop me a note at Editor@LitigationConferences.com.

Tom Hagy
Litigation Enthusiast and
Host of the Emerging Litigation Podcast
Home Page
LinkedIn

Dan RabinowitzCo-Founder and CEO of Pre/Dicta

Dan Rabinowitz practiced as an associate in Sidley Austin LLP’s Supreme Court & Appellate and Mass Tort Litigation groups before co-founding Pre/Dicta, which aims to provide law firms with a monumental advantage in the ability to strategize for risk exposure, litigation likelihoods, settlement strategy, and more.

Following his work at Sidley Austin LLP, he served as a trial attorney for the U.S. Department of Justice and the general counsel to a Washington, D.C.-based data science company, and associate general counsel, chief privacy officer, and the director of fraud analytics for WellPoint Military Care.

Dan earned his J.D. from Georgetown University Law Center.

Want to appear on the Emerging Litigation Podcast?

Send us your idea!

May 14, 2024
Adapting to AI: Taking A Practical Approach Governance, Introductory Level for New Attorneys and Legal Staff
Adapting to AI:
A Practical Approach to Governance

Gain a better understanding of artificial intelligence, specifically how it is being used today, its potential and attendant risks, legislative and regulatory considerations, and how to incorporate AI most responsibly into your practice or business.

Developed and presented by a practicing attorney and a knowledge management professional, this webinar is designed for attorneys and other professionals who wish to better understand artificial intelligence, specifically how it is being used today, its potential and attendant risks, legislative and regulatory considerations, and how to incorporate AI most responsibly into your practice or business.

The objectives of this course are to help you understand the basics of artificial intelligence and generative AI and their many applications in conducting research, drafting documents, preparing for depositions, and conducting discovery reviews.

Attendees will come away with an understanding of the various risks associated with AI, such as biased and inaccurate outputs, unauthorized disclosures of private data, and intellectual property infringement.

We discuss relevant regulation and governmental guidance, then close with best practices in establishing AI governance teams and processes.

Speakers

Blair V. RobinsonAttorney, Formerly with Robinson+Cole

Elizabeth Salsedo-Surovov Director of Knowledge Management Robinson+Cole

Take it now at the West LegalEdcenter

Learning Objectives
1. Gain an understanding of artificial intelligence and generative AI.
2. Learn about the categories of work in which AI is being applied in the practice of law, e.g., legal research, document drafting, deposition preparation, and discovery review.
3. Understand the various risks associated with AI, e.g., biased and inaccurate outputs, unauthorized disclosures of private data, and intellectual property infringement.
4. Get an overview of governmental regulation and guidance
5. Best practices in establishing AI governance teams and processes with an eye toward complying with regulations and mitigating risk.
May 13, 2024
AI Nuts & Bolts Survival Guide: Artificial Intelligence – Discrimination in Employment Context
AI Nuts & Bolts Survival Guide: Artificial Intelligence – Discrimination in Employment Context

Leverage the Latest Court Decisions and Governmental Guidance to Tailor Use of AI Screening Tools in the Employment Context.

AI, and generative AI in particular, took the employment world by storm in 2023, quickly becoming one of the most talked about and debated subjects among corporate counsel across the country. This trend is showing no signs of slowing down in 2024, as companies increasingly utilize AI as a resource to enhance decision-making processes. 

As these processes are fine-tuned, those who seek to harness the power of AI must be aware of the risks associated with its use. 

This webinar discusses two novel AI lawsuits and highlights recent governmental guidance related to AI use. As the impact of AI is still developing, companies should recognize the type of legal claims that may stem from the use of AI screening tools in the employment context, including the implications of possible unintended discriminatory conduct stemming from these tools.  

BONUS: Read the paper our speakers authored for the Journal on Emerging Issues in Litigation.   

Interested in More CLE OnDemand? Click here.

Explore more from Duane Morris LLP!

Journal (JEIL):Artificial Intelligence Litigation Risks in the Employment Discrimination Context. By Gerald Maatman Jr., Alex Karasik, and George Schaller

CLE OnDemand Webinar: AI Nuts & Bolts Survival Guide: Artificial Intelligence – Discrimination in Employment Context. Gerald Maatman Jr., Alex Karasik, and George Schaller

CLE OnDemand Webinar: Discovery Strategies in Wage and Hour Class and Collective Actions Before and After Certification of Putative Class. Gerald Maatman Jr., Noel P. Tripp

Speakers

Gerald L. Maatman, Jr.
Partner
Duane Morris LLP

Alex W. Karasik
Partner
Duane Morris LLP

George J. Schaller
Associate
Duane Morris LLP

CLE On-Demand

WANT A PREVIEW? CLICK HERE!

Topics
- Increasing use of AI as employment screening tool
- Risks associated with AI use in employment context
-  Two novel AI lawsuits in this area
- Recent governmental guidance related to AI use
- How companies can limit liability possible unintended discriminatory conduct stemming from the use of AI tools  in the employment context   
Learning Objectives
- Overview of Artificial Intelligence
- General Artificial Intelligence Use and Issues in Business
- Artificial Intelligence Regulatory Environment
- Artificial Intelligence Litigation – Class Actions & Employment Discrimination
- Risks of Internal Artificial Intelligence Use
- Risk Mitigation for Internal Use of Artificial Intelligence
Let’s Webinar Together!

Send us your ideas. Get featured here and via social media. Add it to your website. Join other experts in the HB West LegalEdcenter library.

Write to Editor@LitigationConferences.com.
May 3, 2024
AI Litigation Risks in Employment by Gerald L. Maatman Jr., Alex W. Karasik, and George J. Schaller

The Authors

Gerald L. Maatman Jr.Duane Morris LLP

Chair Duane Morris’ Workplace Class Action group, Jerry has nearly four decades’ experience practicing law and has represented companies, executive teams, and boards across the country in class action litigation. He defended and won the largest systemic enforcement action ever brought in the history of the U.S. Equal Employment Opportunity Commission, the first  Attorney General prosecution of a Wall Street company for workplace discrimination and harassment, and the largest wage & hour class and collective actions ever brought in Florida and New York. He received his JD from Northwestern University School of Law, where he has been an adjunct professor for more than 30 years.

Alex W. KarasikDuane Morris LLP

Alex is a core member of Duane Morris’ Workplace Class Action group. He defends businesses in employment law matters ranging from bet-the-company class actions to high-stakes single-plaintiff lawsuits and administrative charges. He represents clients in a broad range of industries, including restaurants, hotels, sporting venues, retailers, automotive manufacturers, logistics companies and staffing entities. Alex received Master of Communication Management and Bachelor of Arts degrees from the University of Southern California and his J.D. from Notre Dame Law School.

George J. SchallerDuane Morris LLP

George practices in the area of employment law with a focus on employment-related class action litigation. He defends businesses in matters ranging from nationwide class and collective actions to single-plaintiff lawsuits and administrative charges. He represents clients in across various industries, including restaurants, logistics companies, financial services companies, and staffing entities. He is a 2021 graduate of the University of Illinois Chicago School of Law.

Explore more from Duane Morris LLP!

Journal (JEIL):Artificial Intelligence Litigation Risks in the Employment Discrimination Context. By Gerald Maatman Jr., Alex Karasik, and George Schaller

CLE OnDemand Webinar: AI Nuts & Bolts Survival Guide: Artificial Intelligence – Discrimination in Employment Context. Gerald Maatman Jr., Alex Karasik, and George Schaller

CLE OnDemand Webinar: Discovery Strategies in Wage and Hour Class and Collective Actions Before and After Certification of Putative Class. Gerald Maatman Jr., Noel P. Tripp

Artificial Intelligence Litigation Risks in the Employment Discrimination Context

AI is here to stay. Whether companies choose AI technology for any “employment decision,” companies must keep themselves up to date on any issued guidance and must actively monitor AI tools to prevent any possible discriminatory outputs.

Abstract:

AI, and generative AI in particular, took the employment world by storm in 2023, quickly becoming one of the most talked about and debated subjects among corporate counsel across the country. Companies will continue to use AI as a resource to enhance decision-making processes for the foreseeable future. As these processes are fine-tuned, those who seek to harness the power of AI must be aware of the risks associated with its use. This article analyzes two novel AI lawsuits and highlights recent governmental guidance related to AI use. As the impact of AI is still developing, companies should recognize the types of claims apt to be brought for use of AI screening tools in the employment context and the implications of possible discriminatory conduct stemming from these tools.

Download the article now!

Emerging Litigation PodcastProduced by HB Litigation and Law Street Media

Interviews with leading attorneys and other subject matter experts on new twists in the law and how the law is responding to new twists in the world.

Interested in CLE OnDemand? Click Here.

April 25, 2024
Protecting Policyholders as AI Is Developed for Insurance Claims Handling by Marshall Gilinsky and Madison Marlow

The Authors

Marshall GilinskyAnderson Kill P.C.

Marshall Gilinsky is a shareholder of Anderson Kill and practices in the firm’s Insurance Recovery and Commercial Litigation Departments. Marshall is co-chair of the firm’s Sexual Harassment and Abuse Insurance Recovery Group, and a member of the firm’s Banking and Lending Group and Hospitality Industry Practice Group.

During his 20-year career representing policyholders, Marshall has recovered hundreds of millions of dollars for his clients, successfully litigating disputed claims under a variety of insurance products, including property and business interruption insurance, commercial general liability (CGL) insurance, errors and omissions (E&O) insurance, directors’ and officers’ (D&O) insurance and life insurance. Marshall has represented clients on numerous high-stakes, complex insurance claims arising out of prominent losses such as 9/11, Hurricane Katrina, Superstorm Sandy and the “Big Dig” in Boston. He also focuses extensively on assisting clients that own and manage captive insurance companies, especially with respect to resolving coverage disputes between the captive and its reinsurers.

Madison MarlowAnderson Kill P.C.

Madison Marlow is an attorney in Anderson Kill’s New York office. She focuses her practice on insurance recovery, exclusively on behalf of policyholders.

Prior to joining Anderson Kill full time, Madison worked at the firm during her law school years as recipient of the Gene Anderson Clerkship and as a summer associate. She was also an Alexander Fellow to the Honorable Susan D. Wigenton at the United States District Court for the District of New Jersey, where she held a full time judicial internship during her Fall 2022 academic semester.

Emerging Litigation PodcastProduced by HB Litigation and Law Street Media

Interviews with leading attorneys and other subject matter experts on new twists in the law and how the law is responding to new twists in the world.

Protecting Policyholders as AI Is Developed for
Insurance Claims Handling:

Ensuring “Decency and Humanity” in the Digital Age

Adherence to “decency and humanity” in the claims-handling function must not be curtailed. In an age increasingly dominated by AI, it becomes even more crucial that these principles guide the integration of technology in insurance company operations.

Abstract:

The integration of artificial intelligence (AI) within the insurance industry raises concerns that insurance companies might use the technology to unfairly curtail or deny policyholders’ claims. Drawing on the historical example of the Colossus software, this article outlines the potential consequences of diminished human oversight in AI-driven claims handling. In the past, technology was used to boost insurance companies’ bottom lines while undervaluing policyholders’ claims. We may be seeing a similar situation unfold in real time with recent investigations into and lawsuits against certain health insurance companies for their alleged algorithm-driven claim denials. This article highlights the need for watchdogs and regulators to demand that AI tools under development afford “explainability” and protect policyholder rights. Insurance companies must stand by their fundamental duty of good faith to policyholders, and courts must maintain long-standing precedent that demands “decency and humanity” in insurance company claims operations.

Download the article now!

April 23, 2024
Adapting to AI: Taking a Practical Approach to Governance by Blair Robinson

The Author

Blair RobinsonAttorney, Formerly with Robinson+Cole

Blair Victoria Robinson’s practice areas included Artificial Intelligence, Data Privacy and Cybersecurity, and Business Litigation and Dispute Resolution.

Blair has experience in data privacy and security, cybersecurity, information security governance, information technology (IT), and General Data Protection Regulation (GDPR).

Emerging Litigation PodcastProduced by HB Litigation and Law Street Media

Interviews with leading attorneys and other subject matter experts on new twists in the law and how the law is responding to new twists in the world.

Adapting to AI:

Taking a Practical Approach to Governance

Taking a methodical and use-case-driven approach may allow a business to embrace the transformative power of AI in critical areas while managing “wild west”-style use by employees without governance approval.

Abstract:

The burgeoning realm of AI presents a double-edged sword: its potential to enhance efficiency spans sectors, yet it bears considerable risks for privacy, equity, and human rights due to possible inaccuracies, hallucinations, and biases. There has been a call for regulation by both federal and state bodies, fostering a tapestry of AI-related legislation, regulations, and guidance. This paper addresses the demands of navigating this evolving legal milieu, emphasizing the need for a practical AI governance framework that businesses must embrace to harness AI’s transformative promise responsibly. With the regulatory landscape being as fragmented as it is—and with guidelines emerging from numerous authorities such as the FTC, SEC, and state privacy laws—businesses should take a diligent, strategic, and technically nuanced approach to AI governance.

Download the article now!

April 19, 2024