Know What's Happening in Legal
Know What's Happening in Legal
NY Federal Court Limits D&O Run‑Off Exclusions to Unlawful Acts
A New York federal judge ruled that post‑cut‑off actions do not defeat D&O coverage unless they constitute unlawful conduct. The court found AmTrust’s 2019 preferred‑share delisting was a lawful corrective disclosure, rejecting the insurer’s reliance on the subsequent‑acts exclusion. The decision clarifies that New York’s “Wrongful Act” requirement hinges on illegality.
Also developing:
By the numbers: Oil majors acquire $164M of Alaska oil leases
A U.S. District Judge in New York ruled that a Texas financial‑services executive cannot claim attorney‑client privilege over 31 documents he created with an artificial‑intelligence tool. The judge found the AI outputs were not communications with counsel, lacked confidentiality, and were produced without attorney direction, thus also failing work‑product protection. The decision emphasizes that AI‑generated material remains discoverable and may even create a witness‑advocate conflict if used at trial. The case highlights how AI service terms and privacy policies can override traditional privilege assumptions.
The Supreme Court is increasingly emphasizing the party presentation principle, which holds that litigants control the issues, arguments, and evidence presented to the court. Recent decisions in United States v. Sineneng‑Smith and Clark v. Sweeney rebuked appellate courts for introducing...
The episode recaps the ASTP Annual Meeting, highlighting its role as the premier gathering for health‑tech and interoperability stakeholders and noting the scarcity of concrete announcements. The most significant insight came from a surprise panel on Information Blocking featuring the...
Vivox AI offers a regulator‑first compliance platform that automates repetitive first‑line tasks using atomic workflow steps, ensuring each action is auditable and explainable. The solution, live in about 100 countries, targets fintechs, payments firms and digital banks struggling to scale...
President Trump created the Department of Government Efficiency (DOGE) and installed Elon Musk as its temporary head. Musk announced that his team dismantled the U.S. Agency for International Development (USAID) over a weekend, prompting a lawsuit alleging violations of the...
The UK Employment Rights Act 2025 introduces day‑one statutory sick pay and removes the lower earnings limit, reshaping payroll compliance. Employers must adjust payroll systems within the first 12 months to accommodate immediate SSP payments and altered eligibility for part‑time...
8am has upgraded its LawPay platform into a full‑service financial management solution for law firms, adding invoicing, time‑tracking, expense management, and real‑time reporting to its existing payments engine. The new offering features Smart Spend, an automated expense tool powered by...
The Delaware Supreme Court affirmed that Harman International’s $28 million merger settlement is covered under its directors‑and‑officers (D&O) policy, despite the insurers’ reliance on a “bump‑up” exclusion. The court applied a two‑step test, accepting that the underlying securities claim alleged inadequate...
NEW: 🇺🇸 Paul Atkins says the SEC is preparing token taxonomy guidance tied to the CLARITY Act and reaffirmed that the U.S. aims to lead as the global crypto capital through clear rules and innovation. Sources: Paul Atkins & Bryan Steil...
France’s 2023 resilience reserve has sparked an unprecedented wave of reinsurance captives, now underwriting more than €200 million in gross premiums. The government’s provision mirrors Luxembourg’s successful equalisation model but offers slightly less generous terms, creating a tax‑efficient, regulated pathway for...
Recent Nacha rule updates now require repeatable, provable verification of supplier bank accounts, shifting the focus from intent to defensibility. Controllers relying on email confirmations, phone callbacks, and ad‑hoc checks face heightened exposure as fraudsters employ AI‑generated communications. The webinar...
The 2026 Litigation Trends Survey from Norton Rose Fulbright shows a steep decline in litigation preparedness, with confidence among U.S. general counsel dropping from 46% in 2024 to 29% in 2025. The dip aligns with regulatory uncertainty following the shift...
Deloitte and USC’s Peter Arkley Institute released its fifth‑year analysis of S&P 500 risk‑factor disclosures, finding that average page counts rose to 14.3 and risk‑factor totals to 32. Despite SEC reforms aimed at trimming disclosures, 56% of firms added pages and 37%...
Digital stablecoins are being positioned as an operating system for global real‑estate finance. Projects like TransactionCOIN aim to replace wire transfers with instant, blockchain‑settled payments for deposits, closings, and rent. By compressing settlement cycles from weeks to minutes, stablecoins could...
A federal appeals court ruled that an FAA employee’s retaliation claim failed because his internal grievance did not allege unlawful discrimination, and therefore was not protected activity under Title VII. The court emphasized that only complaints that challenge discrimination, not...
Women and equalities minister Bridget Phillipson told a meeting with nurse Jennifer Melle and health minister Karin Smyth that the Equality and Human Rights Commission’s revised code of practice applies only to services, associations and public functions, not to workplace...
In this 1:47 Expert Viewpoints clip, Claims Journal’s Allen Laman interviews Pragatee Dhakal, Director of Product Strategy and Enablement at CLARA Analytics, about the surge of "nuclear verdicts"—jury awards that dwarf economic damages. They explore how social inflation, emotionally charged...
Aminata Pungi, a former legal secretary at Latham & Watkins, was convicted of stealing £53,000 from partner Thomas Forschbach and received an 18‑month suspended prison sentence. The Solicitors Regulation Authority subsequently barred her from practising law under a Section 43 order, requiring prior written permission...
The UK Data (Use and Access) Act 2025 replaces GDPR Article 22 with Section 80, easing restrictions on fully automated decision‑making (ADM) while defining "meaningful human involvement" and "significant" effects. The new safeguards only trigger when decisions rely on special categories of...
Mayra Bonilla, a former American Airlines customer service agent, filed a federal lawsuit alleging the carrier labeled her approved FMLA leave as "timecard fraud" and terminated her after a 30‑minute discrepancy. Bonilla claims she followed an ADA‑coordinated procedure for acute...
A Dutch court upheld the suspension of Nexperia’s former CEO Zhang Xuezheng and ordered a six‑month governance investigation, signaling a setback for Chinese parent Wingtech. The ruling keeps a court‑appointed temporary director in place and maintains share control by a...
FTC Chairman Andrew Ferguson sent a formal warning to Apple CEO Tim Cook, alleging political bias in the Apple News app. The complaint relies on a Media Research Center study showing right‑leaning outlets such as Fox News, Breitbart and The...
The FCC has finalized a rule requiring all users of the Commission Registration System (CORES) to update their FCC Registration Numbers (FRNs) within ten business days of any contact‑information change. The regulation, introduced in a robocalling proceeding, replaces the vague...
The Southern District of Florida held that a denial of a citizen petition transforms the underlying FDA warning letters into final agency action, allowing judicial review. Hybrid Pharma sued after the FDA refused to rescind two warning letters and the...
The Armed Services Board of Contract Appeals ruled in Wolverine Tube, Inc. that the Air Force’s stop‑work order, issued under FAR 52.242‑15, automatically expired after its 90‑day limit because the government never cancelled or extended it. The Board rejected the Air...
On February 11, the House Energy & Commerce health subcommittee signaled it will keep pressuring pharmacy benefit managers (PBMs) after a recent FTC settlement involving Cigna’s Express Scripts. Chair Rep. Buddy Carter asked the new head of the traditional PBM...
A senior lawyer’s preference for generative AI over a junior associate sparked debate about the true capabilities of AI tools. The article stresses that current models, even Retrieval‑Augmented Generation systems, can hallucinate and lack genuine understanding. It argues that lawyers...
Cloud storage compliance has become a top priority for IT leaders in 2026 as organizations increasingly rely on remote data repositories. Rising regulatory scrutiny—spanning GDPR, HIPAA, PCI DSS, CCPA and others—means non‑compliance can trigger hefty fines, reputational harm, and operational...
Well, if this is true, you shouldn't regulate them. But if you don't regulate them then people without inside information shouldn't trade on them. So it should end up a tiny market of well-informed people all wanting to...
BriefCatch announced the acquisition of WordRake’s core product, technology assets, and its twelve editing patents. The deal merges two leading legal‑writing tools into a single platform, with WordRake CEO Scott Johns joining BriefCatch as a strategic advisor. The integration follows...
Frazier & Deeter, an Atlanta‑based Top 50 accounting firm, is finalizing the integration of three firms it acquired in 2023 while positioning for further selective deals. Under new CEO Jeremy Jones, the firm has grown revenue from $29 million to over $200 million...
Municipal bonds financing New Jersey's American Dream megamall slumped nearly 18% after bondholders sued over a contested property assessment. The 7% PILOT bonds due 2050 traded at 78 cents, the lowest price since issuance in 2017, while similar 6.75% bonds...
The episode examines the UK’s new regulatory framework for buy‑now‑pay‑later (BNPL) services, which places providers under FCA oversight and mandates clear disclosure of terms, affordability checks, hardship support, and a route to the Financial Ombudsman. It highlights concerns about “phantom...
The Third Circuit affirmed the dismissal of Sports Enterprises’ fiduciary‑duty claim against Marvin Goldklang, holding that Florida nonprofit statutes impose duties only to the organization, not to individual minor‑league clubs. The court emphasized that the league’s bylaws require directors to...
The episode examines how Apple’s new payment rules in Japan, introduced to comply with the Mobile Software Competition Act, are still imposing 15‑20% commissions even on external payment methods, prompting a coalition of over 600 companies to claim the fees...
Sony filed more than 30 lawsuits last year against sellers of counterfeit PlayStation-branded goods In yesterday's Game File, I covered the outcome of one. A company that made $274.22 from selling 16 PlayStation-themed signs must now pay $5,000 in damages Item 2:...
Most private investment funds fail before the second raise, not because of the market, but because they were never built as real businesses. In this solo episode of Raise the Bar, Seth Bradley breaks down why a fund is more than...
The piece warns that "free" surveillance technology—delivered through vendor pilots, federal grants, and wealthy donor gifts—carries hidden civil‑liberty costs and long‑term financial obligations. It cites examples such as Denver’s drone trials, Denver’s contested Flock ALPR contract, Atlanta’s police foundation opacity,...
LRN’s 2026 Ethics & Compliance Program Effectiveness Report, based on more than 2,500 respondents across 26 industries, reveals a widening gap between high‑impact and average programs. While AI and data‑analytics adoption is expanding, many firms lack the governance and measurement...
The Eastern District of Michigan issued a 2026 opinion in Dassault Systèmes v. Childress that clarifies the status of the initial‑interest confusion doctrine. The court held that the Sixth Circuit’s 2020 decision did not foreclose the doctrine as a viable...
![[Guest Post] Paris Court of Appeal Clarifies Platforms’ Obligations Under Article 15 DSM Directive in Twin Decisions Against X](/cdn-cgi/image/width=1200,quality=75,format=auto,fit=cover/https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgCM4Pa_gOjB4W3SpuC8PcbW_ono8T6K1VRCDd6FRq2NTMEgiz-4vgMhVrXQ507U0PgBqksa9D2dp65KIK4iv9fF_YiwuUR51rPriEccTNC3jZW5c1p7h_8ar7BDA_BLTS9LgI4Hzjrd204mDNlIAIdUzmbcAMgK6p2uCIugZuY4iqHzdzLLZpVyA/s72-c/istockphoto-880917850-612x612.jpg)
On 25 September 2025 the Paris Court of Appeal upheld two injunctions forcing X (formerly Twitter) to disclose detailed engagement and revenue data for press content, confirming the platform’s duty to provide information needed to calculate remuneration under Article L.218‑4 of the French...
Canada’s Competition Bureau has released draft merger enforcement guidelines that embed structural presumptions, mirroring the 2023 U.S. thresholds of a post‑transaction HHI above 1,800 and a combined market share over 30 percent. The draft also eliminates the statutory efficiencies defence...
The Trump administration paused enforcement of the U.S. Foreign Corrupt Practices Act (FCPA) in February 2025, sparking a crisis in global anti‑bribery enforcement. In response, the United Kingdom, France and Switzerland announced the International Anti‑Corruption Prosecutorial Taskforce, positioning Europe as...
Professor Richard Fentiman, Emeritus at Cambridge, will present a virtual lecture on “Contactless Injunctions: New Approaches to Jurisdiction in English Law” at the Max Planck Institute workshop on 3 March 2026. He will explain how English courts are now granting extraterritorial injunctions even...
A federal judge upheld Illinois' Interchange Fee Prohibition Act, which bans card‑swipe interchange fees on sales tax and gratuities, finding that the National Bank Act does not preempt the state law. The ruling, issued by Judge Virginia Kendall, also struck...
My first rodeo with Claude Cowork Legal plugin. This is the /legal:triage-nda call that reviews NDAs against a set of criteria (you can specify your own criteria or go with Claude's market-standard defaults). This is a real review of an...
The Crypto Clarity Act will “protect consumers; and second, to ensure that the United States is the domicile best positioned to outcompete the rest of the globe.” https://t.co/nsGqk2Gutd
Complyance, a Boston‑based AI‑native governance, risk and compliance (GRC) platform, closed a $20 million Series A round led by GV. The solution embeds AI agents into existing tech stacks to automate continuous data‑compliance checks and third‑party risk assessments, cutting audit cycles from...
AI-powered Google search and chatbots are diverting 30‑40% of traffic from news sites. Copyright expert Paul Gerbino proposes a recurring‑fee model, forcing AI firms to pay publishers each time their content is used for training or retrieval. He urges collective...
The Delaware Superior Court in JanCo FS 2, LLC v. ISS Facility Services clarified how a materiality scrape should be applied in M&A indemnity clauses. The court first inserts the full definition of “Material Adverse Effect” and then strikes materiality qualifiers, effectively expanding the...
