In this Issue:
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Insurance Considerations for Claims Involving Facial Recognition and Other Biometric Technology
By Cort T. Malone
Facial recognition technology (FRT) and other biometric identification technologies are no longer science fiction; they are a rapidly expanding feature of the modern business landscape. Companies across a broad range of industries, including retail, hospitality, finance, and healthcare are deploying FRT and other biometric systems to enhance security, personalize customer experiences, and streamline business interactions. New applications are emerging constantly – witness the “virtual try-on” tool for cosmetics and cashier-less checkout systems that identify customers as they shop. With new uses come new liability risks – as suits against M.A.C. Cosmetics (for virtual try-on) and Amazon (for cashier-less checkout) illustrate.
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The Forever Chemical and the Duty to Defend
By Cameron R. Argetsinger, Robert D. Chesler & Seán D. McCabe
Pervasive in their presence, ubiquitous in the environment, and carcinogenic to humans, per- and polyfluoroalkyl (“PFAS”), or as they are colloquially known, ‘Forever Chemicals’, are synthetic chemicals. They are found in a wide variety of everyday products such as firefighting foam, shoes, carpets and clothing. In the past several years, PFAS have spawned a surge in lawsuits alleging, among other actions, bodily injury. The largest – Aqueous Film-Forming Foams (AFFF) Products Liability Litigation MDL No.2873 - is a multidistrict litigation with over 10,000 cases. As recently as September 2, 2025, 37,446 new claims were filed in that lawsuit. Currently, primary chemical manufacturers of PFAS chemicals are facing the brunt of these lawsuits, but experts suggest that soon the reckoning will arrive for companies which incorporate PFAS into their products.
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