Expert Analysis

• What Insurers Should Know About AI Use In Litigation

  

  As the use of artificial intelligence in litigation evolves, insurers should note standing court orders, instances of judges utilizing AI to determine policy definitions and the application of evidentiary standards to expert evidence that incorporates AI, says Sarah Abrams at Baleen Specialty.

• 5 Litigation Funding Trends To Note In 2025

  

  Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.

• Rethinking Litigation Risk And What It Really Means To Win

  

  Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.

• A Federal Insurance Mandate For Private Aviation Is Overdue

  

  A recent private plane crash in California that killed two people and injured 19 others spotlights the dangers of such occurrences — and serves as a reminder that because there is no federal requirement for general aviation pilots to carry insurance, the victims of these accidents are often unable to obtain fair compensation, says Timothy Loranger at Wisner Baum.

• 6 Predictions For Cyber Risk And Insurance In 2025

  

  This year is likely to bring with it some thorny and expensive cyber challenges, including increased ransomware activity, more data breach class actions and continued efforts to define business interruption loss calculations, say attorneys at Wiley.

• Defense Strategies For Addressing Conspiracy-Minded Jurors

  

  As conspiracy theories continue to proliferate and gain traction in the U.S., defense attorneys will need to consider ways to keep conspiracy-minded jurors from sitting on the jury, and to persuade them when this isn’t possible, say consultants at IMS Legal Strategies.

• Surprise NC COVID Ruling Revises Reasonable Expectations

  

  The North Carolina Supreme Court's recent finding in favor of policyholders in a suit for business interruption coverage due to COVID-19 shutdown orders runs contrary to most other state and federal courts' holdings on the issue, and may revitalize the reasonable expectations doctrine in the state, say attorneys at Goldberg Segalla.

• How Trial Attys Can Wield Amended Federal Evidence Rules

  

  Trial lawyers should assess recent amendments to four Federal Rules of Evidence and a newly enacted rule on illustrative aids to determine how to best use the rules to enhance pretrial discovery and trial strategy, says Stewart Edelstein, former litigation chair at Cohen & Wolf.

• Mich. Ruling Offers View On 'Occurrence' Coverage Definition

  

  As demonstrated by a Michigan state court in its recent decision finding per-wound insurance coverage for a school shooting, the amount of coverage available under occurrence-based policies often depends on how courts interpret "occurrence," say attorneys at Hunton.

• Identifying Deepfakes During Evidence Collection, Discovery

  Excerpt from Practical Guidance

  

  Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.

• 1 Year After Rule 702 Changes, Courts Have Made Progress

  

  In the year since amendments to the Federal Rules of Evidence went into effect, many federal judges have applied the new expert witness standard correctly, excluding unreliable testimony from their courts — but now state courts need to update their own rules accordingly, says Lee Mickus at Evans Fears.

• An Underutilized Tool To Dismiss Meritless Claims In Texas

  

  In Texas, special appearances provide a useful but often overlooked tool for out-of-state defendants to escape meritless claims early in litigation, thus limiting discovery and creating a pathway for immediate appellate review, say attorneys at Winston & Strawn.

• How Texas Bill Would Transform Noneconomic Damages

  

  Large noneconomic damage awards in personal injury cases have grown exponentially in Texas in recent years, but newly introduced legislation would cap such damages, likely requiring both the plaintiff and defense bars to recalibrate their litigation strategies, say attorneys at Norton Rose.