Each year we look for the U.S. cases—court awards and settlements—that are likely to change the liability landscape in the coming year and beyond – in the areas of corporate governance, cyber exposures, employment practices, professional and fiduciary liability.
It’s more of a challenge some years than others to derive lessons from both wins and losses. We always go down to the wire, waiting ‘til the last minute to see if a case will be settled or a court will announce its finding before the year ends, and this year was no different. While we make the final decision as to what makes the list, we reach out to lawyers and claims people, insurers and insureds, and ask them what published settlements or court awards moved the meter for them.
Some years we can see over-arching themes and in others there seem to be no discernible patterns.
What We See
This year we see contrary decisions on whistleblower protections and arising new media concerns standing out, insider trading prosecution gaining momentum and the surprising decision on the Affordable Care Act [formally known as The Patient Protection and Affordable Care Act and informally called Obamacare] foretelling significant changes in the way employers arrange, communicate and pay for employee benefits in the future.
(I discuss the cases in the video below and describe each of them in more detail in our FINEX North America Alert.)
While we don’t pretend to have a reliable crystal ball, we do look forward to discussing these events with you throughout the coming year as well as hearing what you would have added to our list. Tell us in the comments below.