Certum Group’s Post

Patent Litigation Funding and Insurance: What to Know and How to Succeed

Great overview of patent litigation funding and insurance. This arties outlines what these tools can provide to what the process looks like. The articles also addresses the critical element when negotiating with both the funding parties and the insurers: it requires full candor on the part of the party seeking funding and insurance. #PatentLitigationFunding #Insurance #IPLaw

A huge shoutout to the State Bar of Montana for having our Director of Business Insurance, Kurt Whitmire, speak with their Paralegal Section at the Annual Meeting last week! Paralegals are the backbone of law firms, and as their roles grow and evolve, it's super important they understand how ALPS Business Insurance helps protect their firm. 💪 #legal #paralegal #legalinsurance #themoreyouknow

A huge shoutout to the State Bar of Montana for having our Director of Business Insurance, Kurt Whitmire, speak with their Paralegal Section at the Annual Meeting last week! Paralegals are the backbone of law firms, and as their roles grow and evolve, it's super important they know how ALPS Business Insurance helps protect their firm. 💪 #legal #paralegal #legalinsurance #themoreyouknow

The 2025 edition of Texas Insurance Coverage Litigation by Amy Elizabeth Stewart is now available! 📚 The latest edition includes new insights on Directors & Officers liability, with discussions on derivative investigation costs, extradition coverage, and more. It also features recent case law analysis, including the Arce v. American National Insurance Company decision. Get your copy today! https://loom.ly/PE_r9Gw • #ASL #corporateinsurance #insurancepolicies #insuranceadvocates #weknowinsurance #insurancecoveragelawyers #insurancepolicygurus #insurancelaw #insurancelitigation #insurancerecovery

Insurance defense lawyers learn about the importance of the tripartite relationship with the insurer and its insured as soon as they start practicing law. After all, it is critical to offering the effective legal services for which you were hired. In this triad, a lawyer is tasked with maintaining their duty of loyalty to the client while upholding their fiduciary duty to the insurance company. This form of dual loyalty can lead to tension, real or perceived. #lawyers #legalriskmanagement #attorneys

Landrum & Shouse LLP is pleased to announce that 16 lawyers have been included in the 2025 edition of The Best Lawyers in America® and 1 lawyer has been included in the 2025 edition of Best Lawyers: Ones to Watch® in America. Congratulations to the following lawyers on this prestigious achievement! The Best Lawyers in America: Bennett E. Bayer - Commercial Transactions / UCC Law Bridget M. Bush - Appellate Practice Elizabeth A. Deener - Litigation - Insurance Larry C. Deener - Personal Injury Litigation - Defendants and Railroad Law J. Lacey Fiorella - Insurance Law and Litigation - Insurance Pierce Willard Hamblin - Arbitration and Mediation Michael Hammond - Insurance Law and Litigation - Insurance Bradley C. Hooks - Insurance Law and Litigation - Insurance Erin C.S. Izzo - Litigation - Insurance John R. Martin, Jr. - Insurance Law, Litigation - Insurance, Mediation, and Personal Injury Litigation - Defendants John G. McNeill - Personal Injury Litigation - Defendants Daniel E. Murner - Insurance Law and Litigation - Insurance William C. Shouse - Insurance Law and Litigation - Insurance Leslie P. Vose - Employment Law - Individuals and Employment Law - Management R. Kent Westberry - Commercial Litigation, Criminal Defense: White-Collar, Litigation - Municipal, Litigation - Regulatory Enforcement (SEC, Telecom, Energy), and Personal Injury Litigation - Defendants Elizabeth Winchell - Insurance Law and Litigation - Insurance Best Lawyers: Ones to Watch in America: Zachary C. Hoskins - Personal Injury Litigation - Defendants Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Lawyers on The Best Lawyers in America and Best Lawyers: Ones to Watch in America lists are divided by geographic region and practice areas. They are reviewed by their peers based on professional expertise and undergo an authentication process to make sure they are in current practice and in good standing. #LandrumShouse #KentuckyAttorneys #LexingtonAttorneys #LouisvilleAttorneys #KentuckyLawFirm #LexingtonLawFirm #LouisvilleLawFirm

BIPA Decision Update: Very significant development relating to the ability of claimants to force companies to arbitrate BIPA claims. The decision in Hoeg, et al. v. Samsung, et al, was issued on February 15 at the same time that Dan Cotter, Prathyusha Matam, and I were discussing BIPA as part of the The Chicago Bar Association Insurance Law Committee's webinar. In the attached opinion, Judge Harry Leinenweber of the Northern District of Illinois granted the petition of 806 claimants who sought to arbitrate BIPA claims against Samsung. Like many businesses, Samsung requires its customers to sign arbitration agreements which requires as follows: YOU AND SAMSUNG EACH AGREE THAT ALL DISPUTES BETWEEN YOU AND SAMSUNG RELATING IN ANY WAY TO OR ARISING IN ANY WAY FROM THE STANDARD LIMITED WARRANTY OR THE SALE, CONDITION OR PERFORMANCE OF THE PRODUCT SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY. After the claimants filed individual arbitration actions and met their administrative filing requirements, AAA sent an email to representatives of Samsung setting froth a list of each of the cases that were filed, notifying Samsung that the claimants had satisfied their initial administrative requirements, and setting forth Samsung's responsibility for payment of initial administrative filing fees totaling $311,000 within 30 days. Despite the terms of its agreement (which were surely not subject to negotiation with customers), Samsung refused to pay the initial administrative filing fees and AAA closed the cases on an administrative basis. The issue, then, before the N.D. Illinois was whether the claimants could compel arbitration proceedings under Section 4 of the Federal Arbitration Act after the arbitration was administratively closed due to the opposition's failure to pay its fees. Judge Leinenweber found that they could because, "Samsung's scheme is a quintessential refusal to arbitrate under Section 4." He continued, "As such, the Court orders [Samsung] to stick to its own terms and arbitrate Petitioners' BIPA claims. And despite Samsung's contentions, this Order can and does compel Samsung to pay the requisite fees as set by the AAA." This is significant because it provides further ammunition for BIPA claimants to force companies to consider early resolution rather than paying significant administrative fees (which are obviously in addition to all the other costs of litigation). It will be very interesting to see how this matter plays out and all companies with arbitration provisions should be keeping close tabs.

"💼💰 Third-Party Litigation Funding: Impact on Insurance Rates As the legal landscape evolves, third-party litigation funding has gained prominence, but it's important to consider its potential impact on insurance rates. Third-party litigation funding introduces an additional layer of complexity to insurance claims. Insurers may face increased costs due to prolonged legal battles and higher settlement amounts driven by the involvement of litigation funders. These costs can ultimately be passed on to policyholders in the form of higher insurance premiums. While third-party litigation funding provides access to justice for plaintiffs, it's crucial to strike a balance that ensures fair compensation without disproportionately burdening insurance providers and policyholders. Regulation and oversight are essential in maintaining a level playing field and preventing abuse of the system. The conversation around third-party litigation funding should include discussions on the potential consequences for insurance rates and explore ways to mitigate any negative impacts. Collaboration between industry stakeholders, policymakers, and legal professionals is vital to finding solutions that balance access to justice with the sustainability of insurance markets. Let's engage in a constructive dialogue to understand the implications of third-party litigation funding on insurance rates and work towards a fair and equitable legal system. #LitigationFunding #InsuranceRates #AccessToJustice"

Thoughtful conversations shedding light on the complexities surrounding third-party litigation funding in the insurance industry. I share in their concerns about the implications of third-party litigation funding for insurers and policyholders alike. As someone deeply entrenched in property insurance disputes, I've witnessed firsthand how these arrangements can lead to prolonged legal battles and inflated settlement amounts, ultimately driving up insurance premiums for everyone. What's particularly troubling is the potential for policy exclusions to become more common as insurers seek to mitigate their risks in the face of mounting legal expenses. This means that policyholders may find themselves with less coverage than they anticipated, leaving them vulnerable in the event of a claim. I remain hopeful that through open dialogue and collaborative efforts, we can navigate these challenges and work towards a more balanced and equitable system. I agree third-party litigation funding serves an important role in providing access to justice for plaintiffs, it's imperative that we find ways to mitigate its potential negative consequences on insurance markets. I like keeping it simple which is why I agree with Mr. Lewis 1:1 approach to legislative changes bringing some transparency for both sides.