Winter 2020 | Liability for Mass Shootings

Insurance

Colossus and Xactimate: A Tale of Two AI Insurance Software Programs

By Melissa M. D’Alelio and Taylore Karpa Schollard

Artificial intelligence is transforming how insurers operate. The AI industry story began several years ago with Colossus and Xactimate; now the plot is intensifying. Looking back may help insurers prepare for a world where AI dominates the landscape.

Insurance

The Impact of the #MeToo Movement, Cybersecurity, and Climate Change on Securities Class Action Lawsuits

By Janet R. Davis and Jonathan R. Walton

Securities class action filings are at their highest levels since 2001, due in part to increased merger-objection lawsuits as well as securities cases driven by major negative events impacting corporations, including circumstances relating to the #MeToo movement, cybersecurity, and climate change.

Insurance

Cyber and Social Engineering Fraud: Staying on the Cutting Edge of Coverage Disputes in an Evolving Insurance Landscape

By Stephen Embry and Amanda M. Leffler

While traditional liability and first-party policies may still provide limited coverage for cyber losses, gaps in such policies have fueled the creation of a robust cyber coverage market. These policies vary widely but offer benefits that policyholders should consider.

Insurance

Writers Beware: Media Liability Exposures for Attorneys and Law Firms

By Michelle Worrall Tilton

Lawyers who write for firms or organizations or just for fun should consider the risk of such content. Prior to publication, have the work reviewed by a media attorney or objective peer who can identify potential tort liability and ethical issues.

Litigation & Trials

Champerty, Usury, and Third-Party Litigation Funding

By William J. Harrington

The medieval doctrines of champerty and usury threaten the burgeoning litigation-funding industry. A commercial litigator discusses key decisions nationwide and contends that these doctrines are ill-suited to regulate a financial tool that can expand access to the courts.

Tort

A Few Words from the Editor in Chief: Choosing Hau’oli

By Dale M. Weppner

The Brief’s editor in chief reflects on the TIPS Fall Leadership Meeting in Hawaii and expresses heartfelt gratitude to the magazine’s retiring managing editor, Jane Harper-Alport.

Tort

Profiles: Self-Insurers and Risk Managers Committee: A Spectrum of Risk Professionals

By Eric Hermanson and Margaret Cooper Roney

This TIPS committee brings together a broad range of coverage attorneys, defense attorneys, brokers, underwriters, in-house counsel, third-party administrators, and other professionals involved in captive, risk retention, self-insurance, and related issues.

Tort

Profiles: Editorial Board Member: John Okray

A new member of The Brief editorial board shares his passion for TIPS, legal writing, and publications, and encourages active involvement in TIPS.

Tort

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

TIPS reports on its Fall Leadership Meeting on Maui, Aviation and Space Law and Fidelity and Surety Law CLE conferences, and The Brief’s managing editor transition.