A recent securities class action, Dunn v. Upstart Holdings, Inc., brought against Upstart – a fintech lender – underscores emerging AI-related D&O risks. Filed April 2026 in California federal court, the suit alleges that Upstart and its executives misled investors about the performance of its AI loan underwriting model. When Upstart’s AI Model 22
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Court Allows Discovery Into Insurer’s Use of AI to Deny Claims
In the case The Estate of Gene B. Lokken v. UnitedHealth Group, Inc., No. 23-CV-3514 (JRT/SGE) (D. Minn.), the plaintiffs alleged that the defendant insurer had denied claims using an artificial intelligence program without human review. They sought discovery into the insurer’s use of AI. When the insurer refused, they moved to compel and the…
Court Rejects Privilege Claim Over AI-Generated Documents
A Feb. 17 federal court ruling has found that neither the attorney-client privilege nor work product protection apply to a criminal defendant’s self-directed prompts and large language model outputs. In the ruling in USA v. Heppner, US District Judge Jed S. Rakoff ordered the production of 31 documents generated by the defendant using Anthropic’s Claude,…
The Hunton Policyholder’s Guide to Artificial Intelligence: Artificial Intelligence-Related Securities Exposures Underscore the Importance of Thorough AI Insurance Audits
As we explained in our introductory post, rapid advancements in artificial intelligence (AI) present multifaceted risks for businesses of all types. The magnitude, fluidity and specificity of these risks underscore why businesses should continually audit their own unique AI risks profiles to best understand and respond to the hazards posed by AI.…
Mitigation of Increased Risks to Retailers Through Insurance
Hunton Andrews Kurth’s 300-lawyer cross-disciplinary Retail Industry Team has released its annual 2023 Retail Industry Year in Review. The Review discusses retail industry issues that implicate multiple legal practice areas and highlights new and emerging risks retailers may encounter in the year ahead.
Significant issues from 2023, with insurance implications that will continue to evolve…