It is increasingly evident that artificial intelligence (AI) is reshaping all facets of business, and its impact on employee benefit plans is no exception. From automating plan administration to personalizing participant communications, AI introduces both new opportunities and new responsibilities for those overseeing Employee Retirement Income Security Act of 1974 (ERISA)-covered retirement and health plans
Insurance
Guest Post: What Did You Say?

As illustrated by the lawsuit Donald Trump recently filed against the Wall Street Journal’s parent company Dow Jones and its owner Rupert Murdoch, defamation lawsuits are all the rage these days. In the following guest post, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, takes a look at the…
Guest Post: Navigating AI Governance

The increasing prevalence of artificial intelligence (AI) tools and processes present companies with a host of opportunities and risks. These opportunities and risks in turn create challenges for corporate boards as they try to navigate the changing environment. In the following guest post, Burkhard Fassbach, considers the corporate governance implications AI presents for…
Guest Post: Made in America

The Trump administration, through the Federal Trade Commission (FTC), has made it clear that it will prioritize enforcement against false or misleading “Made in USA” claims. In the following guest post, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, takes a look at the FTC’s Made in USA enforcement position,…
Defining Artificial Intelligence for Cyber and Data Privacy Insurance
A small but growing number of cyber insurers are incorporating language into their policies that specifically addresses risks from artificial intelligence (AI). The June 2025 issue of The Betterley Report’s Cyber/Privacy Market Survey identifies at least three insurers that are incorporating specific definitions or terms for AI. This raises an important question for policyholders: Does…
AI Tools in the Boardroom

Artificial Intelligence (AI) tools and processes are becoming increasingly pervasive in many industry sectors and in many phases of business. AI use is also spreading to corporate processes and functions. For example, as I recently noted, some companies many be using AI tools to draft the MD&A in their periodic reports. And, at least…
Pennsylvania Enacts New Digital Forgery Law
On July 7, 2025, Pennsylvania Governor Josh Shapiro enacted a new Digital Forgery Law by signing SB 649 into law, which will take effect in 60 days. SB 649 creates “new criminal penalties for anyone who uses artificial intelligence (AI) to produce non-consensual “forged digital likenesses” — like deepfakes or voice clones — to defraud or…
Guest Post: Diluting I v I

One of the standard D&O policy exclusions is the Insured vs. Insured (IvI) Exclusion, which precludes coverage for claims brought by one insured against another insured. This exclusion is usually subject to a number of coverage carve-backs preserving coverage for certain kinds of claims that would otherwise be excluded. Many exclusions include carve…
Chinese New Governance Paradigm for Livestream Sale
China’s livestream e-commerce industry has experienced explosive growth in recent years, which has revolutionized traditional retail models by combining information dissemination, real-time interaction, instant purchasing and even the entertainment.
In the first three quarters of 2024, total retail sales in China amounted to 35.36 trillion yuan, up 3.3 percent year-on-year. Over the same period, online retail…
Navigating cyber risk
Reed Smith recently attended the Airmic Annual Conference 2025 in Liverpool as a Marketplace Partner and, in the wake of a series of high-profile cyberattacks on retailers in the first half of 2025, cyber risk emerged as a central theme throughout panel discussions and sessions at the conference. Stakeholders across government, cybersecurity and underwriting all…