Winter 2023 | The New Risk Environment

Fidelity & Surety

Forgery or Alteration in the 21st Century

Joseph A. Oliva

With today’s frauds involving electronically transmitted documents, a coverage analysis should focus on the instrument involved and whether the forgery or alteration directly caused the loss.

Cybersecurity

Proactively Fend Off Your Organization’s Next—Inevitable—Data Breach

Amy L. Baddley

To avoid the costs of data breaches, from reputational damage to increased legal exposure, organizations should proactively prepare for a cyberattack.

Insurance

Monitoring a Growing Storm: The Implications of Climate Change Litigation on Insurers

Douglas J. Steinke and Erica R. Sanders

Environmental damage allegedly caused by climate change is the subject of a growing number of lawsuits against companies, which turn to their insurers for coverage.

Insurance

Dismissed as Duplicative: Claims for Breach of Insurance Contract and the Implied Covenant of Good Faith and Fair Dealing

Evan D. Gestwick and Brian D. Barnas

When both causes of action arise out of the same facts, the breach of the implied covenant of good faith and fair dealing claim will likely be dismissed as duplicative.

Litigation & Trials

Co-Counsel and Imputed Conflicts of Interest

Douglas R. Richmond

Recognizing the breadth of co-counsel relationships and the varying nature of law firms’ collaborative efforts, courts are reluctant to impute conflicts of interest between law firms.

Trial Practice

Proposed Amendments to Federal Rule of Evidence 702 and Their Impact on Expert Discovery

Kristen M. Bush and Kayla M. Kuhn

Proposed amendments to Rule 702 aim to create uniformity in decisions regarding the admissibility of expert testimony in federal courts throughout the country.

Tort

The Texas Two-Step—It’s Not Dead Yet

Marc Casarino and George Calhoun

Although the recent dismissal of Johnson & Johnson’s bankruptcy signals concerns over the “Texas two-step,” the process could remain a viable option for companies facing mass tort liabilities.

Tort

Collaborating to Advance the Profession

Gary L. Gassman

TIPS continues to advance its focus on membership; education; diversity, equity, and inclusion initiatives; and giving back to our communities, both legal and civic.

Fidelity & Surety

Fidelity and Surety Law Committee

Carol Z. Smith

Comprised of underwriters and claims professionals, outside counsel, and consultants, this TIPS committee strives to be the preeminent authority and resource on fidelity and surety law.

Tort

Winter 2023 Update on the Latest Programs and Events in Your Tort Trial and Insurance Practice Section

TIPS recaps recent live conferences, CLEs, and webinars; recognizes the recipient of the Robert B. McKay Law Professor Award; and announces the slate of officers for fiscal year 2023–2024.