Defending the AI Claim Desk: Market Conduct Exams, AG Investigations, and Bad-Faith Exposure

Matthew P. Keris, Shareholder | Marshall Dennehey

Matthew P. Keris has defended health care providers, businesses, and device manufacturers in civil litigation for thirty years. He is a shareholder in Marshall Dennehey’s Health Care Department and Chair of the firm’s Electronic Medical Record and Audit Trail Practice Group, working from the firm’s Scranton, Pennsylvania office. His practice centers on the electronic medical record, the audit trail, and the litigation and discovery consequences of artificial intelligence in health care.

• Education & Credentials

Mr. Keris earned his J.D. from Roger Williams University School of Law in 1996 and his B.A., cum laude, from Shippensburg University of Pennsylvania in 1993. He is admitted to practice in Pennsylvania (1996), New York (2011), and Connecticut (2021), and before the U.S. District Court for the Middle District of Pennsylvania (2000), the U.S. District Court for the Northern District of New York (2020), and the Supreme Court of the United States (2023).

• Recognition & Leadership

Mr. Keris chairs Marshall Dennehey’s Electronic Medical Record and Audit Trail Practice Group and is a shareholder in the firm’s Health Care Department. He is President of the Pennsylvania Association for Health Care Risk Management for 2026, his third term in that office after 2012 and 2016, and previously served as President of the DRI Foundation and President of the Pennsylvania Defense Institute. He is a former Board Member of DRI, received the DRI Leadership Award and the DRI Foundation Community Service Award in 2023, is rated AV Preeminent by Martindale-Hubbell, and is listed in The Best Lawyers in America for Medical Malpractice Law – Defendants (2023–2026) and Litigation – Health Care (2024–2026).

• Professional Involvement

He sits on the advisory board of American Legal Connections and is a co-editor of its newsletter, and he belongs to the American Society for Health Care Risk Management and the Claim and Litigation Management Alliance. He speaks and writes regularly on the electronic medical record, the audit trail, and the litigation and discovery issues raised by the implementation and use of AI in health care, including service as a keynote panelist at the ASHRM 2024 annual conference.

• Experience

For thirty years, Mr. Keris has represented health care providers, businesses, and medical device manufacturers in civil litigation, with a practice spanning medical malpractice defense, nursing home liability, dental malpractice, and electronic medical record and audit trail disputes — including the discovery fights that follow the deployment of AI-assisted decision systems.

Frank Ramos, Partner | Goldberg Segalla

Frank Ramos is a nationally recognized litigator with more than 26 years of experience defending clients in civil matters, including retail, product liability, premises liability, trucking, insurance, and commercial disputes. He has taken numerous cases to verdict and advises businesses across the hospitality, retail, development, and fitness industries.

• Education & Credentials

Mr. Ramos earned his J.D., magna cum laude, from the University of Miami School of Law in 1997 and his B.A., summa cum laude, from Florida International University in 1993. He has been a member of The Florida Bar since 1997 and is admitted before the U.S. District Courts for the Southern and Middle Districts of Florida.

• Recognition & Leadership

Mr. Ramos is a nationally recognized litigator who was twice named Miami’s Product Liability Lawyer of the Year by Best Lawyers in America (2020 and 2023) and Miami’s Lawyer of the Year for Personal Injury Litigation – Defendants in 2025. He is rated AV Preeminent by Martindale-Hubbell, has been listed in Florida Super Lawyers since 2013, was named to Forbes America’s Best-in-State Lawyers in 2025, and received The Florida Bar’s Mentor of the Year award in 2025 and the FDCC Andrew C. Hecker Award in 2024. Known as the “Miami Mentor,” he is also a leading voice on AI adoption, helping clients meet the legal and regulatory challenges that come with it.

• Professional Involvement

Mr. Ramos serves on the Board of Directors of the Federation of Defense and Corporate Counsel as its Secretary-Treasurer for 2026, and he served as Vice Chair of the FDCC AI Committee and Chair of its Diversity Committee. He is a past President of the Florida Defense Lawyers Association and a member of DRI and the Miami-Dade Defense Bar Association. A prolific author and mentor, he has written 20 books and more than 500 articles guiding the next generation of lawyers, and he counsels clients on the legal and regulatory questions raised by AI adoption.

• Experience

With more than 26 years of experience, Mr. Ramos defends clients in retail, product liability, premises liability, trucking, insurance, and commercial disputes, and has taken numerous cases to verdict. He advises businesses across the hospitality, retail, development, and fitness industries, and his practice spans retail and hospitality, product liability, toxic tort, transportation, commercial litigation and arbitration, and alternative dispute resolution. His product liability work covers toxic exposure and personal injury claims in the pharmaceutical, construction, medical device, and automotive sectors.

SESSION 1 – Building an AI Claims Governance File That Survives the Exam | 2:30pm – 3:30pm

This session equips insurance defense and compliance counsel with the documentation frameworks, regulatory benchmarks, and governance structures regulators now expect when examining AI-assisted claims operations. Attorneys will learn what a defensible AI Systems Program file must contain under the NAIC Model Bulletin, state-specific mandates from New York, Colorado, and California, and the emerging NAIC AI Systems Evaluation Tool pilot. Attendees will leave with practical guidance on audit trail maintenance, vendor oversight documentation, board-level governance requirements, and the common deficiencies that invite enforcement action.

BREAK | 3:30pm – 3:40pm

SESSION 2 – Defending AI Claim-Handling Suits: Discovery Battles and Bad-Faith Containment | 3:40pm – 4:40pm

This session examines the litigation and discovery dynamics confronting insurers and their counsel when AI-driven claims decisions are challenged as bad faith. Attorneys will work through the Lokken discovery template, the emerging bad-faith theories built on process failure and misrepresentation, and the regulatory landscape that plaintiffs use to establish the standard of care. Attendees will leave able to anticipate plaintiff discovery demands, structure privilege preservation around AI governance materials, and deploy the key defenses — human-in-the-loop documentation, protective orders, and regulatory compliance narratives — before litigation is filed.