Seiden Law’s Post

Villanova Law Review is pleased to announce the publication of Volume 68, Issue 4. The first Article, Administrative Browbeating and Insurance Markets, written by Professor George Mocsary, discusses how state insurance regulators have been using their regulatory power to coerce insurers into furthering their political goals. Read it here: https://lnkd.in/ezttGXYC The second Article, Assessing Evidence of Secondary Considerations, written by Professor Jason Reinecke, examines the inconsistency in Federal Circuit case law over the degree of relatedness required in a secondary considerations analysis of nonobviousness. Read it here: https://lnkd.in/euTanr-W The first student Note, Lighting the Fuses: The Third Circuit Loads a Volley Against Interface Copyright Ability in Pyrotechnics v. XFX, by Ryan Graham, argues the Third Circuit correctly held that Pyrotechnics's fireworks launch protocol system was uncopyrightable. Read it here: https://lnkd.in/e8Jx6E_a The second student Note, Holding the Big House Accountable: The Sixth Circuit Concludes a Pretrial Detainee's Fourteenth Amendment Deliberate Indifference Claim Is a Wholly Objective Determination, by Noah Speitel, examines the Sixth Circuit's decision in Westmoreland v. Butler County, which evened a circuit split over the proper standard to apply to a pretrial detainee's deliberate indifference claim. Read it here: https://lnkd.in/e8hiC9az The student Tolle Lege Note, "No Conflict Here Counsel, Scout's Honor": The Third Circuit Sets the Standard for Reviewing Retention of Counsel Under 11 U.S.C. § 327 in In re Boy Scouts of America, by Dominick Manetta, analyzes the Third Circuit's decision not to adopt a bright-line rule that a violation of the Model Rules of Professional Conduct is a conflict of interest mandating disqualification of council retained under § 327 in Chapter 11 bankruptcies. Read it here: https://lnkd.in/esf7SeA9

Honored to be welcomed to speak for this insurance law seminar series in just a few weeks. My talk focuses on the uses of personal information (PPI) in the context of litigation, and it delves into the challenges of preserving and authenticating mobile device evidence, the scope of discoverable data, methods of obtaining and preserving the integrity of the evidence, and privacy concerns. #electronicdiscovery #digitaldiscovery #ppi #opensourceintelligence #osint #digitalevidence #digitalforensics #legaleducation #insurancelaw #privacylaw #reedmcclure #webinarseries

Litigation involving insurance within the bioeconomy can stem from a range of scenarios, reflecting the diverse activities and risks associated with bio-based industries. Common types of insurance litigation in this realm encompass product liability claims, environmental disputes, biotechnology matters, intellectual property conflicts, regulatory compliance issues, and professional liability claims. Experts in insurance litigation within the bioeconomy are typically consulted to interpret insurance policy language, assess coverage, evaluate damages, analyze causation, ensure policy compliance, determine standards of care, conduct risk assessments, and ensure regulatory compliance. They also play a pivotal role in guiding negotiation strategies, exploring settlement options, providing insights on settlement reasonableness, assessing litigation success prospects, and analyzing the costs and benefits of legal actions. https://lnkd.in/gmvECZD

Interested in insurance litigation?   Then check out Bech-Bruun’s contribution to the Chambers and Partners Insurance Litigation 2023 Global Practice Guide, which I have co-authored together with my colleagues Anne, Søren and Rasmus.   In the chapter, we take a look into the Danish insurance litigation landscape.   Click here to read the full publication: https://lnkd.in/eJR7fGv5   #BechBruun #ChambersAndPartners #InsuranceLitigation

Monetising Litigation This infographic shows how Judgement Preservation Insurance can help turn litigation from a cost centre into a profit line. Judgement preservation insurance can mitigate appellate uncertainties. In the example detailed in the below infographic, the company accepts a modest reduction in their initial award to secure certainty about the final amount they will receive. This enables them to incorporate the funds into their profit and loss statement and use them for various purposes, such as legal battles or expansion efforts. The results almost invariably favour the company, as judgment preservation insurance transforms an uncertain and illiquid judgment into a certain and liquid asset. Additionally, there are scenarios where law firms, acting on risk, purchase such insurance. For instance, a law firm that obtains a significant attorney fee award but faces the risk of a lengthy appeal might opt for this insurance to expedite the distribution of the award to its partnership. The same applies to defendants, who may purchase judgment preservation insurance to safeguard against potential judgment reversals that could impede their construction projects and financing. Speak to Vie Legal Insurance Pty Ltd about how accelerating potential recoveries, companies can secure immediate revenue and eliminate uncertainty from their balance sheet, all without the ambiguity of an appeal's outcome. #monetisinglitigation #judgements #judgepreservationinsurance #litigationfinance #litigationlawyer #litigationfunding #litigationinsurance #appeals #lawfirms Sarah Hawksworth

The United States of Litigation ... The P&C community must stop legal system abuse. You can modernize insurance all you want, but if you're not fighting against the #1 insurance expense every day, you're not serious about P&C. We won't stop until everyone is serious about stopping legal system abuse. Check out today's headline on my favorite insurance analysis resource - Insurance Thought Leadership: https://lnkd.in/d9miPDtX

𝗞𝗘𝗬 𝗧𝗔𝗞𝗘𝗔𝗪𝗔𝗬: --𝗧𝗵𝗲 𝗿𝗮𝗽𝗶𝗱 𝘀𝘂𝗿𝗴𝗲 𝗶𝗻 𝗹𝗶𝘁𝗶𝗴𝗮𝘁𝗶𝗼𝗻 𝗲𝘅𝗽𝗼𝘀𝘂𝗿𝗲 𝗵𝗮𝘀 𝗿𝗲𝗻𝗱𝗲𝗿𝗲𝗱 𝘁𝗵𝗲 𝘁𝗲𝗿𝗺 "𝗻𝘂𝗰𝗹𝗲𝗮𝗿 𝘃𝗲𝗿𝗱𝗶𝗰𝘁𝘀" --𝘁𝘆𝗽𝗶𝗰𝗮𝗹𝗹𝘆 𝘁𝗵𝗼𝘀𝗲 𝗲𝘅𝗰𝗲𝗲𝗱𝗶𝗻𝗴 $𝟭 𝗺𝗶𝗹𝗹𝗶𝗼𝗻 — 𝗼𝗯𝘀𝗼𝗹𝗲𝘁𝗲, 𝘄𝗶𝘁𝗵 "𝘁𝗵𝗲𝗿𝗺𝗼𝗻𝘂𝗰𝗹𝗲𝗮𝗿 𝘃𝗲𝗿𝗱𝗶𝗰𝘁𝘀," 𝗲𝘅𝗰𝗲𝗲𝗱𝗶𝗻𝗴 $𝟭𝟬 𝗺𝗶𝗹𝗹𝗶𝗼𝗻, 𝗲𝗺𝗲𝗿𝗴𝗶𝗻𝗴 𝗮𝘀 𝘁𝗵𝗲 𝗻𝗲𝘄 𝗯𝗲𝗻𝗰𝗵𝗺𝗮𝗿𝗸. Wes has appeared on Insurance Nerds podcasts since the very beginning. Recently when I typed in AOB (assignment of benefits) as a google search - my podcast with Wes was on page 1 (Wes was one of the first people warning us that AOB was killing Florida insurance. This is a great article to learn about how litigation abuse is a major contributor to the lack of availability and affordability of insurance, especially in CAT prone areas. A must read.

In this article I explain why insurance rates continue to escalate. While construction is specifically addressed, the reasons apply to any business exposed to personal injury claims. At MMA, we are focused on this trend and helping our clients acheive the best outcome.

How is insurance transforming the litigation and legal landscape? With less than one week to go, don't miss the chance to join us at the highly anticipated inaugural LF Dealmakers | European Edition on April 18-19 at the Royal Lancaster London. Dive into our session: INSURANCE IN ACTION ACROSS THE LITIGATION LANDSCAPE, where we'll unravel the complex interplay between litigation insurance, law firms, and funders. This session will dissect the structure and costs of litigation insurance policies, identify the scenarios where insurance becomes crucial, and explore how different stakeholders in the legal ecosystem are collaborating to create innovative deals. 🎙Our Panel of Experts: Verity Jackson-Grant, Head of Pricing, Simmons & Simmons (Moderator) Tamar Katamadze, Production Specialist, Political Risk, Mosaic Insurance Jamie Molloy, Head of ATE, Ignite Specialty Risk Andrew Mutter, Executive Vice President, Contingent Risk, CAC Specialty Join these thought leaders as they navigate through the product landscape and discuss the latest innovations in the marketplace. This session is essential for anyone involved in litigation finance, legal insurance, or law firm management, offering key insights into the evolving role of insurance in litigation. ⏰ Time is running out with the event less than one week away! Secure your place now and be part of this pivotal gathering in litigation finance: https://lnkd.in/eMSNVx29 #LitigationInsurance #ATE #JPI #LFDealmakers #LegalInnovation #LitigationFinance #LawFirmManagement #InsuranceInAction

Nater Dallafior partner Benjamin Schumacher will speak at the annual insurance law conference organised by the Europa Institut at the University of Zurich (EIZ) on 26 October 2023.   Benjamin's presentation will focus on the insurer's right to request and obtain information pursuant to Article 39 of the Swiss Insurance Contract Act (Versicherungsvertragsgesetz, VVG), shedding light on practical issues as well as on the scope and limitations of this statutory law provision (original title in German: "Das Informationsrecht des Versicherers nach Art. 39 VVG – «pre-trial discovery» durch die Hintertür?").   The focus of this year's conference will be on coverage disputes ("Der versicherungsrechtliche Deckungsstreit"). The speakers will address relevant new provisions of the partially revised ICA as well as the recent case law of the Federal Supreme Court and will discuss in particular procedural problems relevant to practice. The aim is to communicate and critically examine the latest developments in legislation and case law, including their procedural significance. Helmut Heiss Ulrike Mönnich Helmut Studer Pascal Grolimund Jens Gal Philipp Habegger Robert Koch Stephan Fuhrer Laura Manz #insurance #litigation #arbitration #disputeresolution