Declarations

Cyber Flashing Law

“No Californian should ever be sent a sexually explicit picture or video without their consent and, when that happens, it is critical that survivors have a legal path to pursue following this technology-based sexual harassment.”

— Democratic Sen. Connie Leyva, who was a major backer of a newly signed law that aims to punish those who send unsolicited sexually explicit messages via text, email or other electronic means.

Duck, Duck …

“If it looks like a duck and quacks like a duck, then it is a duck.”

— An assertion from American Integrity Insurance in a Florida lawsuit brought by The Kidwell Group and Air Quality Assessors, a mold assessment company. The contractor argued that Florida’s 2019 law that aimed to limit assignment-of-benefits claims and litigation did not apply because Air Quality’s agreement was not a “true” assignment of benefit. Florida’s 2nd District Court of Appeals sided with the insurer.

Cyber Threats

“Cyber attacks can shut down a company for a long period of time or even put it out of business, and it’s imperative that companies have a plan in place to mitigate any associated operational and financial disruptions.”

— Tim Francis, enterprise cyber lead at Travelers, said in a statement. The 2022 Travelers Risk Index survey found cyber threats were the top concern for business decision-makers for the third time in four years. Cyber threats were a top concern for 59% of respondents, followed by broad economic uncertainty (57%), fluctuations in oil and energy costs (56%), the ability to attract/retain talent (56%), and medical cost inflation (55%).

Trip-and-Fall Fraud

“As alleged, Sady Ribeiro abused his professional license and position of trust by performing medically unnecessary surgeries to increase the value of fraudulent trip-and-fall lawsuits.”

— U.S. Attorney for the Southern District of New York Damian Williams said after Sady Ribeiro, a New York-licensed pain management doctor and surgeon, pled guilty to one count of conspiracy to commit mail fraud and one count of conspiracy to commit wire fraud in connection with a $31 million trip-and-fall fraud scheme. Williams also said Adrian Alexander, who funded many of the fraudulent lawsuits, pled guilty on Aug. 30 to one count of conspiracy to commit wire fraud.

Unlicensed Agent Arrested

“An unlicensed individual and agency soliciting, selling and servicing bogus insurance policies to Louisiana drivers is deplorable.”

— Louisiana Insurance Commissioner Jim Donelon on the arrest of 32-year-old Erik Sandoval-Flores of New Orleans, who is accused of continuing to write insurance policies that did not exist, despite being served with a cease-and-desist order. In June 2021, troopers from Louisiana State Police Insurance Fraud Unit began an investigation into a Marrero business providing fraudulent insurance policies. At least 250 drivers allegedly received fake insurance policies, according to the Louisiana Department of Insurance.

Gun Manufacturer Liability

“What happened in Highland Park on July 4 was the result of deliberate choices made by certain members of the industry.”

— Alla Lefkowitz, senior director of affirmative litigation for the gun safety organization Everytown, on a lawsuit filed by survivors of a mass shooting at a suburban Chicago Independence Day parade, against the manufacturer of the rifle used in the attack. The suit accuses gunmaker Smith & Wesson of illegally targeting its ads at young men at risk of committing mass violence. The lawsuit strategy mirrors the approach used by relatives of victims of the 2012 Sandy Hook school killings, who in February reached a $73 million settlement with the firearm company that produced the rifle used in that attack.