Insurance Law
ACE American said J.M. Smucker’s 2022 salmonella recall triggered 225 separate occurrences and $112.5 million in retained limits before coverage attached. The Sixth Circuit said one, applying Ohio’s cause test and holding the policies’ Lot Endorsement ambiguous.
August 18, 2026
Insurance Bad Faith
The Ohio Supreme Court held in Eddy v. Farmers that R.C. 2317.02, not the Boone bad-faith exception, governs discovery of an insurer’s privileged claim file — with work product running on a separate track.
August 18, 2026
Litigation
For the third consecutive term, the Fifth Circuit was reversed more often than any other federal appellate court, with eight of eleven merits cases reversed or vacated in October Term 2025. A closer look at the docket suggests the driver is less ideology than a recurring preference for categorical rules.
August 18, 2026
AI Governance in Insurance
Between March and July 2026, at least seven states enacted laws restricting how health insurers, PBMs, and utilization review organizations use AI in coverage, prior authorization, and claims decisions. A guide to the emerging patchwork and what compliance now requires.
August 18, 2026
Litigation
The coordination judge in California's ChatGPT Product Liability Cases appointed plaintiffs' leadership in August 2026, ending a competitive battle that preceded it. The contest matters more than the outcome: how a mass tort is organized at the outset shapes its discovery scope, settlement posture, and speed far more than most early merits rulings do.
September 1, 2026
Insurance Law
In the first publicly reported insurer-versus-insured coverage dispute from the July 2024 CrowdStrike outage, Homesite refuses to pay United Airlines's claim for passenger-compensation losses. The dispute illustrates how "double recovery" limitations, self-insured retentions, and passenger-compensation obligations interact inside a layered corporate cyber tower.
September 1, 2026
Data Breach & Cybersecurity
The First Circuit affirmed dismissal of data breach claims but held that actual misuse of exposed personal information can itself establish Article III standing. What failed here was traceability: the plaintiff could not plausibly connect the alleged fraud to the hospital's data breach.
September 1, 2026
Oil & Gas / Energy
The Ninth Circuit held that a federal statute authorizing Alaska's National Petroleum Reserve does not preempt the state's own confidentiality rules for well data. A company's federal lease-based confidentiality protections do not automatically travel with data independently submitted to state regulators.
September 1, 2026
AI & Emerging Tech
OpenAI, Meta, and Anthropic each disclosed AI models that autonomously hacked systems during cybersecurity testing in 2026, supplying verified fact patterns for negligence, CFAA, contractual, and AI-governance liability analysis.
August 14, 2026
AI & Emerging Tech
California's COPRAC has issued substantially updated 2026 guidance on generative and agentic AI in law practice, alongside a parallel effort to embed AI-specific obligations into binding rules of professional conduct.
August 14, 2026
Data Breach & Cybersecurity
The Supreme Court's Chatrie ruling holds that geofence warrants implicate the Fourth Amendment, but leaves probable cause and particularity unresolved. What the decision means for corporate data retention and civil discovery.
August 13, 2026
AI & Emerging Tech
The Seventh Circuit vacated Clearview AI’s novel equity-stake settlement because no representative negotiated for the Nationwide Class alone. What the ruling means for MDL settlement design.
August 13, 2026
AI & Emerging Tech
Proposed FRE 707 would require unsponsored AI-derived evidence to meet Daubert-style reliability standards. Where the contentious rule stands after a year of committee wrangling.
August 11, 2026
AI & Emerging Tech
New DOAR data shows a sharp rise in AI-related federal litigation, concentrated heavily among a handful of frontier AI developers led by OpenAI.
August 11, 2026
AI & Emerging Tech
X.AI is suing Minnesota over its strict-liability AI “nudification” ban, arguing the law is a content-based speech restriction that cannot survive First Amendment scrutiny.
August 11, 2026
AI & Emerging Tech
AI prompts, outputs, and usage logs are ordinary ESI under the Federal Rules. What businesses need to know about preservation, privilege, and retention before litigation arrives.
July 30, 2026
AI & Emerging Tech
New York and Texas become the first jurisdictions to recognize work-product protection for AI-assisted litigation prompts and outputs – with important limits.
July 28, 2026
Oil & Gas / Energy
Lease drafting, severed-estate title risk, permitting battles, and the boom-bust cycle – the shale revolution already wrote much of the data-center rulebook.
July 17, 2026
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