Are you old enough to remember Soviet figure skating judges in the Winter Olympics? They used to be accused all the time of putting their thumb on the scale, lowering the allegedly “objective” scoring for American skaters so as to get the results they wanted. If you recall, I reserved the same right this year
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The Real Value of AI for In-House and External Counsel
When all the AI hype and AI promoters were insisting that AI would eliminate lawyers and law firms, I said no, over two years ago – I explained in this post here, in June of 2023, that instead the history of technical adoption in lawyering demonstrated the opposite. I did note as well, however,…
Five Favorites for Friday
I am launching a new series of posts on the blog, starting today, listing five topics from the week just ended that are worth paying attention to, but which any busy person might have missed during the preceding week. For each, I will include a link or two if you want to read more deeply…
Talkin’ About ERISA, Insurance and Blogging
I was a guest last week on the Real Lawyers Podcast hosted by Kevin O’Keefe, one of if not the founding fathers of legal blogging. As we discuss in the podcast, I had come across a reference to blogging and Kevin (as well as his then new company, LexBlog) in an article and thought blogging…
Claims Processing by AI? Here Come the Lawsuits
This is a great story today from Lauren Clason at Bloomberg on litigation over claim denials in which AI was used to process the claims. There is a lot to be said about this issue, and I wish I had more time to write on it today. However, I have a brief due on Friday…
Boston ERISA and Insurance Litigation Blog’s Top Ten Countdown for the New Year – The Number One Most Popular Post of 2024
As I have mentioned in the past, it seems to be taking an inordinate amount of time for me to get through my countdown of the top ten posts on my blog in 2024. Nonetheless, I have finally reached the end of this countdown, even if I am a little late across the…
A Tale of Two Maps: Homeowners Premium Increases, Climate Risk Increases and How They Relate
It’s interesting. I have been at DRI’s 2024 Insurance Coverage and Practice Symposium all day, and much of the discussion is either directly about or tangentially related to the impact of artificial intelligence on insurance. To me, the consistent theme that underlies all of the discussion is the ability of AI tools to improve the…
Improving Federal Court Litigation One Alternative Fee Agreement at a Time
I did not intend to return, yet again, to the summary judgment opinion in Sellers as gist for a blog post. Something about it that I haven’t touched on yet, however, keeps overlapping with other developments which caught my attention because of their relationship to long standing interests of mine related to trial work, discovery,…
Generative AI, Nuclear Verdicts and Insurance Bad Faith: My Takeaways from DRI’s Insurance Coverage and Practice Symposium
As usual, I had a terrific experience at DRI’s annual Insurance Coverage and Practice Symposium in midtown Manhattan, which was held last week. I had gone in many ways simply for two particular presentations, one on generative AI and the other on the impact of nuclear verdicts on insurance coverage and bad faith issues, although…