When HIPAA Meets the Hack: How Data Breaches Are Creating Product Liability Exposure for Software Manufacturers

When HIPAA Meets the Hack: How Data Breaches Are Creating Product Liability Exposure for Software Manufacturers

  Data breaches involving Protected Health Information (“PHI”) are increasing, subjecting healthcare organizations and the software companies that support them to greater legal scrutiny. As hospitals, insurers, and medical providers depend on third-party platforms to store and transmit PHI, plaintiffs’ lawyers are more frequently testing theories of product liability and negligence against software developers and vendors whose … Read More

Blog October 8, 2025
Christian & Small Welcomes William R. “Will” Philpot to the Birmingham Office

Christian & Small Welcomes William R. “Will” Philpot to the Birmingham Office

Christian & Small is pleased to welcome William R. “Will” Philpot as the newest associate in the firm’s Birmingham office. Will’s practice focuses on civil litigation, including insurance defense, construction, product liability, and premises and general liability. He assists in all phases of the litigation process, from initial case assessment through trial and appeal. A … Read More

Blog October 3, 2025
Commercial Transportation Practice Group – 25 Years Advocating For The Commercial Transportation Industry

Commercial Transportation Practice Group – 25 Years Advocating For The Commercial Transportation Industry

From Before the Accident to Resolution: Our Proactive Approach to Commercial Transportation Litigation Christian & Small’s Commercial Transportation Practice Group is dedicated to protecting and promoting the commercial transportation industry. Whether it’s a personal injury or death claim, a cargo and property damage dispute, or employment and workers’ compensation cases, our job is to quickly … Read More

Blog September 22, 2025
Christian & Small Welcomes Ford Mozingo

Christian & Small Welcomes Ford Mozingo

Christian & Small LLP is pleased to announce that J. Ford Mozingo has joined the firm as an associate in its Birmingham, Alabama, office. Ford practices in various areas of litigation, with a primary focus on appellate, insurance, professional liability, product liability, and transportation law. Ford earned his Juris Doctorate from the University of Alabama … Read More

Blog September 11, 2025
Thirty Four Attorneys Recognized in 2026 Best Lawyers in America®

Thirty Four Attorneys Recognized in 2026 Best Lawyers in America®

Christian & Small is pleased to announce that 34 attorneys are included in the 2026 edition of The Best Lawyers in America® – 27 as Best Lawyers® and seven as 2026 Best Lawyers: Ones to Watch® in America. Special recognition to Kenneth O. Simon, recognized as “Lawyer of the Year” in Arbitration,  Daniel D. Sparks … Read More

Blog August 21, 2025
Jury Themes In Product Liability Trials: “What Did You Expect?” May Be Your Strongest Defense

Jury Themes In Product Liability Trials: “What Did You Expect?” May Be Your Strongest Defense

In product liability litigation, particularly in cases involving complex or software-enabled technologies, the defense often faces the challenge of overcoming emotional narratives and a deep misunderstanding of the product’s actual functionality. One of the most effective jury themes available to defense counsel is deceptively simple: What did the user expect this product to do—and why? … Read More

Blog August 7, 2025
“You Keep Using That Word, I Do Not Think It Means What You Think It Means”

“You Keep Using That Word, I Do Not Think It Means What You Think It Means”

“You Keep Using That Word, I Do Not Think It Means What You Think It Means.” —Inigo Montoya, The Princess Bride (1987) This article reprinted with permission from AIM newsletter for its insureds. Issue No. 53 | June-July 2025. In May, the Alabama Supreme Court addressed an issue of first impressions in Adams v. Atkinson: “what … Read More

Blog August 5, 2025
When Software Fails Due to Configuration Errors: Defending Medical Software Developers Against Misplaced Liability

When Software Fails Due to Configuration Errors: Defending Medical Software Developers Against Misplaced Liability

In medical software litigation, one of the most overlooked—but increasingly exploited—liability theories is configuration error. Plaintiffs often try to label these errors as design flaws or systemic negligence. However, configuration errors are often mistakes made during implementation, not flaws in the underlying software. For defense counsel, this distinction is powerful—and presents a strategic advantage. What … Read More

Blog July 29, 2025
Sharon D. Stuart Honored by the Alabama State Bar with the J. Anthony “Tony” McLain Professionalism Award

Sharon D. Stuart Honored by the Alabama State Bar with the J. Anthony “Tony” McLain Professionalism Award

Founding Partner Sharon D. Stuart received the J. Anthony “Tony” McLain Professionalism Award at the 148th Alabama State Bar (ASB) Annual Meeting in July. This award honors outstanding, long-term, and distinguished service in promoting professionalism among current members of the Alabama State Bar. The selection is made by a five-member committee, which then recommends to the … Read More

Blog July 23, 2025