Were he alive today, Albert Einstein would make for a fantastic expert witness in builders risk coverage litigation. Einstein’s testimony on the concept of entropy would be particularly insightful—assuming his hourly rate was…
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/ Commercial Law & Contracts, Construction Law, Insurance
The latest release of Anthropic’s enterprise-grade generative AI - Claude 4.6 – is the newest iteration of the Claude model family that promises improved reasoning, reduced hallucination rates, stronger tool-use capabilities,…
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/ Privacy, Science, Computers, & Technology
If you attended our recent 2026 What the Hail? conference, you may have seen me discuss Texas concurrent causation and its real-world implications. The presentation addressed what the insurer and its consultants should consider…
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/ Commercial Law & Contracts, Insurance, Real Estate - Residential
Let’s say a carrier insures a property for a number of years. During that time, multiple events occur that could damage the property. The insured waits, however, to make a claim. A claim is eventually made but it is not clear…
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/ Commercial Law & Contracts, Insurance
On February 13th, the Texas Supreme Court issued an opinion in Privilege Underwriters Reciprocal Exch. v. Jeff Mankoff and Staci Mankoff, holding that the term “windstorm,” when undefined in a homeowners insurance policy is not…
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/ Insurance
In opinions released on December 5 and December 15, 2025, Judge Walker (E.D. Va.) granted Plaintiff CareFirst’s motion for class certification on its Sherman Act claims (though not as to state-law consumer protection and unjust…
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/ Antitrust & Trade Regulation, Intellectual Property, Science, Computers, & Technology
In Sabol v. PayPal Holdings Inc., No. 23-cv-05100-JSW (N.D. Cal. Nov. 5, 2025), the court dismissed Plaintiffs’ complaint because they failed to allege PayPal had market power and failed to allege antitrust standing, with leave…
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/ Antitrust & Trade Regulation, Commercial Law & Contracts, Finance & Banking
On September 30, 2025, the Northern District of California denied the Mountain West Conference’s motion to dismiss an antitrust action challenging escalating fees imposed on the Pac-12 for recruiting individual member…
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/ Antitrust & Trade Regulation, Art, Entertainment, & Sports Law, Commercial Law & Contracts
London-based Advanced Technology Assurance Ltd. (ATA), recently announced the launch of a first-of-its-kind $750 million insurance facility aimed at supporting the rapid global expansion of AI and data center infrastructure—a…
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/ Insurance, Science, Computers, & Technology
This is a regular occurrence: an insured makes a claim for damage to its property, the damage is investigated and the insurer finds no evidence that an insured peril caused damage to the property…
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/ Civil Procedure, Insurance
The Supreme Court of Texas does not often weigh in on what the meaning of impartial and nonbiased in the property insurance appraisal context. Therefore, insurance lawyers are often required to look “outside the box” to see how…
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/ Alternative Dispute Resolution (ADR), Insurance, Real Estate - Commercial
In a decision that further defines the power of an appraiser, a Texas federal court analyzed the enforceability of an appraisal award where appraisers specifically determined that damage was caused by wind and hail in Encalade…
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/ Insurance, Real Estate - Residential
The January 2025 Southern California wildfires destroyed more than 18,000 structures, burned nearly 50,000 acres, and caused the evacuation of more than 200,000 people. One year later, thousands of residents of Altadena and…
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/ Insurance
In this litigation, Plaintiffs allege LinkedIn unlawfully monopolized the professional social networking market in violation of Section 2 of the Sherman Act. No. 22-cv-00237-HSG, 2025 WL 3654114, at *1.
Originally published…
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/ Antitrust & Trade Regulation, Civil Procedure, Communications & Media Law
In litigated claims, courts can lose their footing when it comes to determining the number of claims or occurrences at issue. The stakes are high. If there are multiple claims or occurrences, it could multiply available limits,…
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/ Business Organizations, Commercial Law & Contracts, Insurance
