Spoliation in Construction: Specific Notice Required Before Destroying Evidence

Justin Scott and Alan Schiess | Babcock Scott and Babcock In Utah construction disputes, the disputed work itself is often the best evidence. A cracked retaining wall, failed waterproofing, improperly compacted subgrade, or nonconforming concrete placement may all need to be repaired quickly. But once a claim is pending or reasonably foreseeable, those same conditions… Continue reading Spoliation in Construction: Specific Notice Required Before Destroying Evidence

Ambiguity in Insurance Contract Interpretation Can Be Hard to See

Advise & Consult, Inc. A recent federal decision from Illinois serves as a useful reminder of something experienced insurance coverage lawyers understand instinctively: ambiguity in policy language rarely announces itself. It must be identified, developed, and proved by lawyers who have spent years studying how insurance contracts actually operate in the real world. In Vinayaka Hospitality… Continue reading Ambiguity in Insurance Contract Interpretation Can Be Hard to See

“A-Eye” on Coverage: Maximizing Insurance for AI Risks Amid Emerging Exclusions

Tyrone R. Childress, Amanda P. Ellison, Edward M. Joyce, and Tara C. Kowalski | Jones Day In Short The Situation: Artificial intelligence (“AI”) is reshaping risk across industries, raising serious potential insurance coverage implications. The Result: While a number of AI risks are covered under many traditional insurance programs, insurers are introducing AI-specific exclusions. Looking Ahead: Policyholders should… Continue reading “A-Eye” on Coverage: Maximizing Insurance for AI Risks Amid Emerging Exclusions

Fixing ‘Unfixable’ Errors in Arbitration Awards

Jack P. Levin | FedArb Imagine that you are a pilot, physician, lawyer, accountant, engineer, military commander, plumber, teacher, or anyone whose job is to make decisions. Now imagine that you have made one such decision, and you then realize that you have made a mistake. What if the rules of your profession or business… Continue reading Fixing ‘Unfixable’ Errors in Arbitration Awards

Sealing the Deal in Mediation Without Glitches

Bryan Rendzio | Miles Mediation & Arbitration You have just spent an entire day in mediation traversing legal issues and opposing counsel as well as your client. The good news is that the parties have reached a deal in principle. The client is exhausted and has asked for the fifth time whether he or she… Continue reading Sealing the Deal in Mediation Without Glitches