In my May post, Making Better Judgments about Summary Judgment in Securities Class Actions, I discussed how we can pick more cases to defend through summary judgment. But, of course, the vast majority of cases will still settle, so
AI-Washing Securities Suit Filed Against Tempus AI
In the latest AI-washing related securities class action lawsuit to be filed, a plaintiff shareholder has filed a securities suit against AI-based health care company Tempus AI, alleging, among other things, that the company overstated its AI capabilities. The lawsuit
Second Circuit Rules Power of Attorney Insufficient to Give Provider Standing
Karkare v. International Ass’n of Bridge, Structural, Ornamental & Reinforcing Iron Workers Local 580, No. 22-2874, __ F.4th __, 2025 WL 1618132 (2d Cir. June 9, 2025) (Before Circuit Judges Sullivan, Robinson, and Kahn)
ERISA is a minefield for
Supreme Court Allows the IRS Seizure of Unrelated Refunds to Cut Off a Taxpayer’s Right to Tax Court
A new Supreme Court decision creates potential traps for the unwary and gives the Internal Revenue Service (“IRS”) nationwide power to leave a taxpayer without a remedy to contest certain collection actions. Importantly, while a Collection Due Process (“CDP”) action
Guest Post: New DOJ White Collar Enforcement Policy Pressures Caremark Obligations
Michael W. Peregrine
Ashley Hoff
On May 12, 2025, the Department of Justice (DOJ) Criminal Division announced significant changes in its policies on investigating and prosecuting white collar crime. In its memo announcing the new policies, and in subsequent statements,
Dispute Over Extent of Damage is not Bad Faith
Evidence of Unreasonable Conduct Required To Obtain Bad Faith Damages
Repair vs. Replace not a Tort
Post 5100
See the full video at https://rumble.com/v6uvaw9-dispute-over-extent-of-damage-is-not-bad-faith.html and at https://youtu.be/ZyUrWekSjmY
In Michael Gerstman and Marie Webster v. Crestbrook Insurance Company, Civil Action No.
Motion to Strike Insureds’ Experts Denied, Claims under Fair Claims Settlement Act Survives Summary Judgment
The court denied the insurer’s motion to strike the insureds’ expert witnesses, and denied the insurer’s motion to dismiss claims under the Texas fair claims settlement act. Gerstman v. Crestbrook Ins. Co., 2025 U.S. Dist. LEXIS 108705 (N.D.
Is the One Big Beautiful Bill Act an Employee Benefits Crystal Ball?
Takeaways
- Republicans in the U.S. House of Representatives attempt to deliver on President Trump’s campaign promises in the One Big Beautiful Bill Act (BBB or the Act), which passed the House by a razor-thin margin of 215 in favor and
Scaffolds Down, Drones Up: Modernizing Tank Inspections in Louisiana
On May 21, 2025, the Louisiana Department of Environmental Quality (“LDEQ” or “the Department”) officially approved the use of unmanned aircraft systems (“UAS”), or drones, for visual inspections of aboveground storage tanks under LAC 33:III.2103.D.2.e.[1] LDEQ estimated a potential
Florida Bill Eliminating the Surplus Lines Diligent Effort Requirement and a Discussion on Surplus Lines Regulation Trends
On June 13, Florida Gov. Ron DeSantis signed House Bill 1549 into law. Among other things, the bill has removed the “diligent effort” requirement applicable to surplus lines agents.