Spring 2019 | Social Engineering Fraud: Is It Covered?

Insurance

One Phish, Two Phish: Developments in the World of Computer Fraud Coverage

By Melissa M. D’Alelio

Coverage under the Computer Fraud Coverage Form is unlikely for phishing losses unless the spoofed emails are armed with computer code that manipulates computer data.

Discovery

Discovery of Opponents’ Attorney Fees in Fee-Shifting Cases

By Douglas R. Richmond

A recent Texas decision makes clear that the comparison of attorney fees to determine reasonableness is inappropriate in fee-shifting litigation.

Expert Witnesses

Post-Traumatic Stress Disorder: Proving and Defending Claims

By Justin T. Green, David J. Harrington, Ricardo Martinez-Cid, and Tracey E. Campbell

Focus on the objective evidence and the foundation for your experts’ opinions; ultimately, whether a plaintiff actually suffers from PTSD will often be a question of fact for the jury.

Arbitration

Vacating the Arbitration Award: Arbitration as a Final Adjudication

By Joseph H. Wolenski, DeWitte Thompson, and Stephanie Geer

Difficult, but not impossible: The statutory grounds for vacating an arbitration award are among the narrowest known to law.

Model Rules of Professional Conduct

Taking the High Road: How to Deal Ethically with Unethical Bullies

By Francine Friedman Griesing

Handle a bullying, unethical adversary by communicating in writing to keep a record of the exchanges, and refer to the ethical rules to back up your response.

Insurance

Insurance and the TCPA: Are Claims Against Telemarketers Covered?

By Thomas K. Bick

Telemarketers swept up in the wave of TCPA litigation have sought coverage under their liability policies, with mixed results.

Tort

Embracing Evolution

By Roy Alan Cohen

The Section’s chair discusses TIPS’s evolving value proposition, membership metamorphosis, and changes in publications.

Tort

Cannabis Law and Policy Task Force: Serving a Pioneering Industry

By Lisa L. Pittman

As most states have now legalized cannabis in some form, issues involving nuances of state-regulated cannabis—still illegal federally—have begun to permeate traditional legal issues, from insurance, finance, and tax law to product liability, intellectual property, land use, and more.

Tort

Update on the Latest Programs and Events in Your Tort Trial & Insurance Practice Section

2019 Midyear Meeting recap, ABA Resolution 112, Section leadership nominated for 2019–2020