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Government Assertion of State Secrets Privilege in Private Party Litigation

Client Alert | 1 min read | 03.06.17

In a rare move, the Department of Justice intervened in Wever v. AECOM National Security Programs, Inc., asserting the state secrets privilege and requesting the dismissal of a $69 million dollar lawsuit between two private parties that it contends would risk the exposure of classified information if the suit were allowed to proceed. Although the Government was not an original party to the litigation, the Government argued in its Motion for Summary Judgment that the court is required to dismiss the case under the state secrets privilege because the Government, through the head of the department with control over the matter, after extensive consultation and coordination within and among relevant Executive Branch agencies, formally asserted the privilege and all three of the circumstances justifying dismissal exist: (1) the plaintiff cannot prove his or her claim without privileged evidence; (2) the defendants cannot properly defend the case without privileged evidence; and (3) further litigation would present an unjustifiable risk of disclosure.

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Client Alert | 4 min read | 03.25.26

NAIC Intensifies AI Regulatory Focus: What Health Insurance Payors Need to Know

The National Association of Insurance Commissioners (NAIC) is intensifying its oversight of how insurers use AI — and the pace of regulatory activity shows no signs of slowing. Over the past several months, the NAIC has published a formal Issue Brief staking out its position on federal AI legislation, launched a multistate AI Evaluation Tool pilot aimed at examining insurers’ AI governance programs, and continued to expand adoption of its AI Model Bulletin across state lines. These developments continue a trend towards enhancing regulation; the NAIC adopted AI Principles in 2020 and a Model Bulletin in 2023 clarifying that existing insurance laws apply to AI systems and establishing expectations for governance, documentation, testing, and third-party oversight. That Model Bulletin has now been adopted in approximately 24 states....