Practiclaim™

As the legal landscape evolves, the rise of #deepfakes in #legalproceedings presents unique challenges. This JD Supra article, prepared by the EDRM - Electronic Discovery Reference Model specialist teams, provides a comprehensive framework for addressing the risks associated with manipulated evidence and unauthentic digital exhibits—including audiovisual evidence and expert testimony. It emphasizes the importance of collaboration between legal, tech, and policy experts. From misinformation and unsubstantiated claims to broader issues of evidence credibility, deepfake allegations are on the rise, posing spillover risks that must be addressed through solid protocols and sharper thresholds for reliability and admissibility. Solutions such as AI detection tools, provenance infrastructures, eDiscovery data source containment, updates to evidence rules, and stronger digital forensics are crucial in mitigating these risks and ensuring proper gatekeeping by relevant participants in legal proceedings. To read more for in-house and outside counsel, legal practitioners, external review vendors, forensic experts, and eDiscovery platforms, click here: https://lnkd.in/dBuT4mwP #Deepfake #LegalTech #DigitalEvidence #DigitalExhibits #Justice #EJustice #Authenticity #AI #Technology #LegalProceedings #Litigation #DigitalRisks #DigitalForensics #CaseManagement #DeepfakeDetection #ElectronicDiscovery #RiskMitigation, Xavier Rodriguez, Stephen Dooley, Kaylee Walstad, Rebecca Delfino, Loyola Law School, Los Angeles, Clarity, Peter Callaghan, Pagefreezer, Arie Eernisse, Ari Kaplan Advisors, Gil Avriel, Jerry Bui, Stephen Dooley, Chris Haley, Ruth Hauswirth, Cooley LLP, Mary Mack, CISSP, Daniel Regard, Kaylee Walstad, Paul Weiner, Littler, iDiscovery Solutions, FTI Consulting, Relativity, EDRM - Electronic Discovery Reference Model, Practiclaim™

In Wolters Kluwer ELM Solutions Legal Leaders Exchange podcast Episode 22, experts explore how to build productive and efficient relationships with outside counsel, particularly regarding pricing and billing. They discuss enhancing collaboration, adopting alternative fee arrangements (#AFAs), and examining strategic frameworks to balance costs with outcomes, leverage data, and foster transparency in legal operations. Collaboration with #outsidecounsel is critical not only post-engagement but also, more importantly, pre-engagement. This proactive approach influences relationship dynamics and joint working protocols. From pricing guidelines to defining success parameters and negotiating fee structures (capped, fixed, hourly, hybrid, etc.), the foundation of efficient pricing and billing rests on effective work scoping. Recent trends indicate a shift toward value-based pricing, particularly in the business disputes arena. New strategies for progressing legal claims should also be explored as part of enterprise legal process outsourcing (#ELPO). As mentioned in the podcast, statistics show an increase in AFA use for outside counsel, rising from 5% to over 20%, with AI enhancements driving greater accuracy and outcome predictability regarding litigation mandates, leading to further adoption. This episode is essential for in-house counsel aiming to optimize legal spending, improve relationships with external partners, and explore more efficient ways to manage legal work. Listen to the full podcast here: https://lnkd.in/drG5wvg7 #LegalOperations #OutsideCounsel #Pricing #Billing #AlternativeFeeArrangements #AFAs #ClientLawFirmRelationship #FinancialManagement #Collaboration #LegalTech #StrategicPricing #Transparency #ShadowBilling #LegalInnovation #CostManagement #Predictability, Greg Corombos, Wolters Kluwer, Jennifer McIver, Wolters Kluwer ELM Solutions, Joy Thorpe, Altria, Jorge Arevalo, Faegre Drinker, Practiclaim™

The UKSupremeCourt's decision on 18 September 2024 in UniCredit Bank GmbH v. @RusChemAlliance LLC (RCA) reinforces the #UK's pro-arbitration stance, confirming that courts can issue anti-suit injunctions (ASIs) to prevent parties from bypassing arbitration agreements. The case, analyzed by Mayer Brown global teams, involved a refusal to make payments to RCA under seven on-demand English law bonds for an LNG project in Russia, complicated by #EU sanctions. The ruling strengthens arbitration clauses, ensuring that contractual dispute resolution mechanisms are respected in cross-border disputes and providing legal certainty for businesses opting for arbitration. As highlighted, #Enka remains the settled authority regarding the governing law of arbitration agreements, reaffirmed by the #UKSC in #KababJi. Furthermore, the anticipated UK #ArbitrationBill, in its current form, includes a new “Default Rule” of the law of the seat, even if the substantive contract is governed by English law, subject to limited exceptions where common law will continue to apply. A practical approach is required to activate arbitration agreements on a global level: improper foreign seat, the lack of coercive #ASIs by arbitrators, the active choice of English law and/or provision for a London seat, combined multi-law interpretations, and attention to complications before the supervisory courts, all dictate the ultimate judicial outcomes. Yet, one thing is sure: as pointed out by the Mayer Brown teams, this issue is likely to continue to be debated in international arbitration circles in the years to come. For an in-depth analysis, check the article here: https://lnkd.in/duQS6aP5 #Arbitration #UKSupremeCourt #AntiSuitInjunctions #DisputeResolution #UKSupremeCourt #ArbitrationAgreements #AntiSuitInjunctions #PublicPolicy #Russia #InternationalSanctions #ArbitrazhCourt #ArbitrationSeat #GoverningLaw #Jurisdiction #SubstantiveLaw #ForumConveniens #LondonSeat #InternationalArbitration #EnglishLaw #ArbitrationAct1996 #RussianCourts #InjunctiveRelief #CourtOrder #UKLaw #EnglishCourts, Boris Karabelnikov, Raid Abu-Manneh, Dany Khayat, Rachael O'Grady, Sarah Garvey, Nazia Sohail, Vadym Miller, Lisa Dubot, Jawad Ahmad, Nil Daver, Stephen Moi, Rachael O'Grady, Sam Prentki, Isabela Lacreta, Maleeha Khan, Charles Claypoole, Alexander Cox, Stephen Houseman KC, Stuart Cribb, Latham & Watkins, Nicholas Alexander Brown, Pinsent Masons, Ian Bloemendal, Anand Shah, Avinash Poorooye, Sebastiano Nessi FCIArb, Curtis, Mallet-Prevost, Colt & Mosle LLP, Leith Ben Ammar FCIArb, Jorge A Velázquez, Johnny Shearman, Greenberg Traurig, LLP, Kimarie Cheang, Alexis Martinez, Elizabeth Fong, Watson Farley & Williams, Practiclaim™

Under new legislation signalling heightened corporate risks in economic crime and tax evasion, UK tax disputes are under the spotlight as reported by Osborne Clarke. A significant legislative shift is on the horizon for #UK corporates with The Economic Crime and Corporate Transparency Act 2023 expected to take effect by mid-2025. Building on the Criminal Finances Act 2017, this legislation represents a critical evolution in the prosecution of tax evasion and fraud. The introduction of a strict liability offence means large organisations will be held criminally accountable for tax evasion, even without proof of dishonest behaviour. Once an offence is committed, the burden shifts to the organisation to demonstrate that reasonable fraud-prevention procedures were in place for any "associated persons"—a term broadened to include subsidiaries and non-UK entities. This brings greater territorial reach and increased liability, particularly for multinationals. With the Labour government pushing this forward, corporates must prepare for the exponential spill-over effects. The broad scope and enforcement capabilities signal indirect consequences across both international and domestic frameworks. UK #SMEs should take note, as this framework is likely to trickle down over time. Additionally, international businesses should remain vigilant, as converging regulations—whether through domestic legislation or international soft guidelines—pose similar risks. Now is the time to reassess internal compliance frameworks. Read more about this evolving legal landscape and its impact on your business: https://lnkd.in/d_q3wsDq. #EconomicCrime #TaxEvasion #CorporateTransparency #FraudPrevention #LegalRisk #Compliance #CorporateLiability #UKLaw #UKTaxDisputes #FailureToPrevent #TaxLaw #CorporateCompliance #CriminalLiability #RegulatoryCompliance #UKLegalUpdates #CorporateGovernance ##CorporateCriminalLiability #LegalRiskManagement #FinancialCrime #TaxEvasion #CorporateTax #TaxDisputes #CriminalOffenses #TaxCompliance #LegalRisk #CorporateLiability #TaxAvoidance #CorporateResponsibility #ComplianceManagement #UKLaw #LegalUpdates, Jack Prytherch, Ian Hyde, Jeremy Summers, Christopher Wrigley, Osborne Clarke, Dominic Stuttaford, Matthew Hodkin, Susie Brain, Norton Rose Fulbright, Kathleen Russ, Emily Clark, Simon Skinner, Cathryn Vanderspar, Dean Andrews, Travers Smith, Practiclaim™

A noteworthy analysis on the increasing role of third-party litigation finance (TPLF) in the bankruptcy industry by Ken Epstein from Omni Bridgeway and Marc Carmel from McDonald Hopkins LLC, originally published on AIRA-Association of Insolvency & Restructuring Advisors and reported on Mondaq, highlights the growing influence of #TPLF in shaping bankruptcy outcomes. The analysis delves into how TPLF is creating new opportunities for distressed companies, creditors, and litigation funders, offering a practical tool for navigating complex bankruptcies. Key insights from the article focus on: ● Leveraging TPLF for liquidity: Companies can maintain litigation without draining assets. ● Impact on creditor recoveries: TPLF reshapes negotiations and outcomes in bankruptcy cases. ● Potential risks: Increased complexity and litigation length are key challenges. This shift underscores the importance of strategic funding solutions in today's bankruptcy landscape, particularly for stakeholders looking to maximize recovery while managing financial risks. This trend is one to follow closely for anyone dealing with insolvency or restructuring. Full details can be found here: https://lnkd.in/dAddhVHv #Bankruptcy #LitigationFinance #Insolvency #BusinessFinance #CreditorsRights #LegalInsights #LitigationTrusts #ThirdPartyLitigationFunding #BankruptcyIndustry #LegalFinance #DisputeFunding #RiskManagement #BankruptcyLitigation #ClaimsMonetization #DIPFinancing #LegalFunding #DistressedCompanies #FinancialDistress #PostJudgmentRecovery #CorporateDefault #LegalServices #LitigationCosts, Suzanne Roski, Denise Lorenzo, Bradford J. Sandler, Martin Bienenstock, Philip Anker, Travis W. Harms, Nancy Rapoport, Michael Barton, Patrick Phillips, Nataly Brown, Esq., Neeraj Sachdeva, Jamal Al-Sheikhly, Gary Jacobs, Harry Gruits, David Tyburski, Frank Dery, Ken Mathieu, CPA,CFF,ABV, William Marquardt, Jack Williams, Eric Schwartz, Eric Danner, James M. Lukenda, Valda Newton, Boris Steffen, CPA, ASA, ABV, CDBV, CGMA, David Bart, Michael Lastowski, Ken Enos, Dan Roe, AIRA-Association of Insolvency & Restructuring Advisors, Mondaq, Practiclaim™

On August 1, 2024, the U.S. Department of Justice (DOJ) introduced the Corporate Whistleblower Awareness Pilot Program to enhance corporate misconduct reporting and improve internal voluntary self-disclosure (VSD) policies. With whistleblower regulations growing globally, Martin Audet, Maria Fernanda Gallo, and Daniel Meyers from TransPerfect Legal highlight, as reported on JD Supra, key ways #AI and #analytics streamline compliance, especially in high-volume, multi-language data settings—including automating workflows, improving data management, and enhancing cross-border collaboration. Companies can streamline the investigation review process by optimizing document identification at the #ECA stage and using traditional AI to focus on relevant subject-led data.   Read more: https://lnkd.in/dmUwm_Vh #WhistleblowerCompliance #LegalTech #DataManagement #CorporateMisconduct #VoluntarySelfDisclosure #DOJ #WhistleblowerRegulations #Compliance #BigData #AntiBribery #AntiExtortion #EarlyCaseAssessment #ECA #Analytics #MachineLearning #ConceptClustering #EDiscovery #Investigation #Discovery #AutomatedLanguageIdentification #GenerativeAI #ChatGPT #Ethics #CorporateCompliance, Tom Balmer, Kapilan Rasiah, Shulagna Sabir, OpenAI, Practiclaim™

In the latest episode of Legal Leaders Exchange by Wolters Kluwer, industry experts dive into the growing pressure on legal departments to balance efficiency with cost management. The discussion explores efficient outside counsel relationships, focusing on creative pricing, billing strategies, and the increasing use of alternative fee arrangements (AFAs). With AI-driven legal tech, outsourcing, and data analytics playing a pivotal role in improving decision-making, this episode highlights how these innovations can enhance legal operations. Surveys indicate a notable increase, with AFAs now representing 5% to over 20% of outside counsel work in various contexts. Key takeaways for legal professionals, legal ops specialists, and corporate leaders include how to: ● Optimize legal spending without sacrificing quality. ● Utilize predictive analytics to anticipate legal risks and improve operational efficiency. ● Leverage alternative service providers (ALSPs) for specialized tasks. Jennifer McIver and Greg Corombos are joined by Joy Thorpe, Director of Legal Operations at Altria, and Jorge Arevalo, Director of Strategic Pricing at Faegre Drinker. This is essential listening for anyone focused on future-proofing their legal operations and improving fee communication with clients. Listen here 🔗: https://lnkd.in/drG5wvg7 #LegalCostManagement #LegalTech #PredictiveAnalytics #Billing #Pricing #LegalProcurement #AI #ALSPs #AFAs #LegalOps #CorporateLegal #WoltersKluwer #AccessToJustice #GeneralCounsel #CLO #FixedFee #DiversityInformation #OutsideCounsel #LegalOperations #CostControl #ShadowBilling #LegalDepartment #AlternativeFeeArrangements #DiversityInformation #LegalLeadersExchange, Nathan Cemenska JD-MBA, Jeffrey Solomon, Ken Crutchfield, Wolters Kluwer ELM Solutions Wolters Kluwer, Practiclaim™

This 'inflated justice,' as highlighted in the Swiss Re Institute's excellent report, is both a direct consequence of and a component within private capitalistic systems that increasingly necessitate private corrections to instill substantive equality—the core foundation of these systems. Across Europe and beyond, a range of interconnected socio-economic factors will drive the extension of distributive justice principles. We may be entering a saturated era of private justice, potentially paving the way for distributed private regulation of tort redress schemes and beyond. #MassTort #PersonalInjury #LiabilityClaims #ProductLiability #ClassAction #CollectiveRedress #CasualtyInsurance #SocialInflationIndex #EconomicInflation #CrossBorderClaims #TortLaw #AlternativeDisputeResolution #TrialBarStrategies #JuryVerdicts #CourtVerdicts #ObesityClaims #SocialInflation #InsuranceTrends #LitigationCosts #MassTortClaims #ClaimsManagement #Underwriting #RiskManagement #TPLF #CrossJurisdictionLitigation #LegalClaims #InsuranceIndustry, Martin Boerlin, James Finucane, Thomas Holzheu, Roman Lechner, Arnaud Vanolli, Shuyang Wu, John Zhu, Samer Abou-Jaoudé, Elias Farah, Jérôme Jean Haegeli, Swiss Re, Practiclaim™

This 'inflated justice,' as highlighted in the Swiss Re Institute's excellent report, is both a direct consequence of and a component within private capitalistic systems that increasingly necessitate private corrections to instill substantive equality—the core foundation of these systems. Across Europe and beyond, a range of interconnected socio-economic factors will drive the extension of distributive justice principles. We may be entering a saturated era of private justice, potentially paving the way for distributed private regulation of tort redress schemes and beyond. #MassTort #PersonalInjury #LiabilityClaims #ProductLiability #ClassAction #CollectiveRedress #CasualtyInsurance #SocialInflationIndex #EconomicInflation #CrossBorderClaims #TortLaw #AlternativeDisputeResolution #TrialBarStrategies #JuryVerdicts #CourtVerdicts #ObesityClaims #SocialInflation #InsuranceTrends #LitigationCosts #MassTortClaims #ClaimsManagement #Underwriting #RiskManagement #TPLF #CrossJurisdictionLitigation #LegalClaims #InsuranceIndustry, Martin Boerlin, James Finucane, Thomas Holzheu, Roman Lechner, Arnaud Vanolli, Shuyang Wu, John Zhu, Jérôme Jean Haegeli, Samer Abou-Jaoudé, Elias Farah, Swiss Re, Practiclaim™

Swiss RE Institute latest far-seeing report delves into the rising costs of litigation, exploring the causes and significant effects on the insurance sector. While social inflation has been primarily a U.S. phenomenon, signs are emerging that it's also impacting other common-law jurisdictions such as the UK, Australia, and Canada, where tort law based on precedent is evolving. This trend is further extending into specific European jurisdictions, with a growing scope of product liability risks and the expansion of collective redress mechanisms. As claims expenses rise due to larger jury awards and increasingly aggressive legal strategies, insurers face unprecedented challenges in managing long-term risks and profitability. Socioeconomic factors, reactionary legislative policies, and the expansion of mass tort claims—as well as large single-claimant events—are pushing claims costs higher. The scope of damages, including expansive non-economic damages, is also on the rise, compounded by third-party litigation funding (TPLF), which is broadening access to justice. Additionally, non-economic factors like psychology-driven trial tactics, pervasive digital media advertising, and the increasing focus on social justice are intensifying the claims landscape. Cross-jurisdictional spillovers—like non-UK exposures from contracts with UK insurers—and the increasing ease of cross-border enforcement complicate industry economic models, heightening the challenges. The report stresses the urgent need for insurers, legal practitioners, and claims managers to adapt by implementing predictive analytics, revisiting underwriting practices, and enhancing claims management strategies. Collaborative, industry-wide solutions are key to leveling the playing field amid this evolving landscape. Please read the full report via this link 🔗: https://lnkd.in/dep54Ydw Special thanks to Martin Boerlin, James Finucane, Thomas Holzheu, Roman Lechner, Arnaud Vanolli, Shuyang Wu, John Zhu, and Group Chief Economist at Swiss Re Institute Jérôme Jean Haegeli for their great contributions. #MassTort #PersonalInjury #LiabilityClaims #ProductLiability #ClassAction #CollectiveRedress #CasualtyInsurance #SocialInflationIndex #EconomicInflation #CrossBorderClaims #TortLaw #AlternativeDisputeResolution #TrialBarStrategies #JuryVerdicts #CourtVerdicts #ObesityClaims #SocialInflation #InsuranceTrends #LitigationCosts #MassTortClaims #ClaimsManagement #Underwriting #RiskManagement #TPLF #CrossJurisdictionLitigation #LegalClaims #InsuranceIndustry, Swiss Re, Practiclaim™