Publications

Attorney Articles

Chambers and Partners Publishes Farmer, Buchwalter, and Elpren in 2026 Art & Cultural Property Law Practice Guide

April 14, 2026 - Chambers and Partners USA

Attorney Articles

Bloomberg Law Publishes Farmer and Elpren on van Gogh Painting Holocaust-Era Restitution Claim

November 24, 2025 - Bloomberg Law

Blogs

Twenty-Year Legal Battle over Nazi-Looted Pissarro Painting Continues

May 7, 2025

Author: Jana Farmer

Attorney Articles

Chambers and Partners USA Publishes Art Law Update by Farmer, Buchwalter & Elpren

April 9, 2025 - Chambers and Partners USA / Law and Practice

Blogs

Supreme Court Limits Transformative Use Standard in Warhol Foundation v. Goldsmith

June 12, 2023

Attorney Articles

ArtsWestchester Publishes Farmer Article on Art Appropriation Case

June 8, 2023 - ArtsWestchester

Blogs

Bored Apes, Hermès Suits Foreshadow What Is Coming in NFT Claims

January 31, 2023

Attorney Articles

Bloomberg Law, Cryptosaurus Networks & Paperblog Feature Cahill, Farmer and Weiner Article on NFT Litigation

January 30, 2023 - Bloomberg Law and Cryptosaurus Networks

Attorney Articles

SpringerLink Features Farmer Chapter on Art Forgery, Restoration and Conservation Issues

October 28, 2022 - SpringerLink

Attorney Articles

Center for Art Law Publishes Farmer, Leitner and Maharaj on Warhol v. Goldsmith SCOTUS Oral Arguments

October 22, 2022 - Center for Art Law

Attorney Articles

Law360 Features Farmer on Warhol Copyright Battle

October 6, 2022 - Law360.com

Blogs

Considerations of Copyright and First Amendment Rights in Appropriation Art

September 30, 2022

Blogs

NFT Marketplace and DAO Partnership Shows Power and Complexities of DAOs in the Art World

August 29, 2022

Blogs

Ninth Circuit Reverses Ruling in Copyright Infringement Case Involving Photographs of Picasso’s Artworks

August 9, 2022

Insights

Considerations of Copyright and First Amendment Rights in Appropriation Art

June 13, 2022

Blogs

Hackers Go Phishing in Beeple’s Deep Pool of Twitter Followers

June 8, 2022

Blogs

U.S. Copyright Office Weighs in on AI-Created Art, Jeff Koons Claims a Sculpture Is a Useful Article and Other Stories

March 10, 2022

Attorney Articles

Bialek Authors Article for Intellectual Property & Technology Law Journal on Art v. Copyright Law Using Warhol Case as Basis

July 29, 2021 - Intellectual Property & Technology Law Journal

Blogs

The Vatican Faces a Copyright Infringement Lawsuit

June 17, 2021

Blogs

First In-Person Art Fair in a Year and Other Headlines

May 14, 2021

Blogs

SCOTUS Sets Precedent on the Expropriation Exception to the Foreign Sovereign Immunities Act in the Guelph Treasure Case, and Other Stories

February 9, 2021

Blogs

5Pointz Artists Claim Final Victory as SCOTUS Denies Cert & Other Headlines

October 16, 2020

Blogs

Brooklyn Museum Deaccessioning Artworks, Banksy Loses Trademark Battle and Other Stories

September 30, 2020

Blogs

U.S. Senate Subcommittee on Investigations Recommends Regulation of the Art Market & Other Headlines

August 20, 2020

Disgraced Art Dealer Inigo Philbrick Indicted on Federal Fraud Charges & Other Stories

July 31, 2020

Blogs

Paris Dealer Who Sold Golden Sarcophagus to the Met Charged with Money Laundering & Other Stories

July 20, 2020

Blogs

U.S. Supreme Court Will Hear Appeal over Restitution of the Guelph Treasure & Other Stories

July 8, 2020

Blogs

Street Art Sent to Space & Other Headlines

June 15, 2020

Blogs

Hirst Spot Print Turned into Spots by MSCHF, Courtroom Artists Face New Challenge, Banksy Pays Homage to Hospital Workers

May 28, 2020

Blogs

A Case for Indiana Jones: Oxford Professor Arrested for Allegedly Selling Stolen Goods & Other Art World Headlines

May 12, 2020

Events

Chambers and Partners Publishes Farmer, Buchwalter, and Elpren in 2026 Art & Cultural Property Law Practice Guide
When: April 14, 2026
People: Jana S. Farmer, Adam Buchwalter and Dara S. Elpren
Bloomberg Law Publishes Farmer and Elpren on van Gogh Painting Holocaust-Era Restitution Claim
When: November 24, 2025
People: Jana S. Farmer and Dara S. Elpren
Twenty-Year Legal Battle over Nazi-Looted Pissarro Painting Continues
When: May 7, 2025
People: Jana S. Farmer
Chambers and Partners USA Publishes Art Law Update by Farmer, Buchwalter & Elpren
When: April 9, 2025
People: Jana S. Farmer, Adam Buchwalter and Dara S. Elpren
Supreme Court Limits Transformative Use Standard in Warhol Foundation v. Goldsmith
When: June 12, 2023
People: Jana S. Farmer and Leia Leitner
ArtsWestchester Publishes Farmer Article on Art Appropriation Case
When: June 8, 2023
People: Jana S. Farmer
Bored Apes, Hermès Suits Foreshadow What Is Coming in NFT Claims
When: January 31, 2023
People: Jana S. Farmer, John P. Cahill and Eian S. Weiner
Bloomberg Law, Cryptosaurus Networks & Paperblog Feature Cahill, Farmer and Weiner Article on NFT Litigation
When: January 30, 2023
People: Jana S. Farmer, John P. Cahill and Eian S. Weiner
SpringerLink Features Farmer Chapter on Art Forgery, Restoration and Conservation Issues
When: October 28, 2022
People: Jana S. Farmer
Center for Art Law Publishes Farmer, Leitner and Maharaj on Warhol v. Goldsmith SCOTUS Oral Arguments
When: October 22, 2022
People: Jana S. Farmer and Leia Leitner
Law360 Features Farmer on Warhol Copyright Battle
When: October 6, 2022
People: Jana S. Farmer
Considerations of Copyright and First Amendment Rights in Appropriation Art
When: September 30, 2022
People: Jana S. Farmer
NFT Marketplace and DAO Partnership Shows Power and Complexities of DAOs in the Art World
When: August 29, 2022
People: John P. Cahill
Ninth Circuit Reverses Ruling in Copyright Infringement Case Involving Photographs of Picasso’s Artworks
When: August 9, 2022
People: Jana S. Farmer and Leia Leitner
Considerations of Copyright and First Amendment Rights in Appropriation Art
When: June 13, 2022
People: Jana S. Farmer
Hackers Go Phishing in Beeple’s Deep Pool of Twitter Followers
When: June 8, 2022
People: Jana S. Farmer
U.S. Copyright Office Weighs in on AI-Created Art, Jeff Koons Claims a Sculpture Is a Useful Article and Other Stories
When: March 10, 2022
People: Jana S. Farmer and Leia Leitner
Bialek Authors Article for Intellectual Property & Technology Law Journal on Art v. Copyright Law Using Warhol Case as Basis
When: July 29, 2021
People: Adam R. Bialek and Taylor F. Bialek
The Vatican Faces a Copyright Infringement Lawsuit
When: June 17, 2021
People: Jana S. Farmer
First In-Person Art Fair in a Year and Other Headlines
When: May 14, 2021
People: Jana S. Farmer
SCOTUS Sets Precedent on the Expropriation Exception to the Foreign Sovereign Immunities Act in the Guelph Treasure Case, and Other Stories
When: February 9, 2021
People: Jana S. Farmer
5Pointz Artists Claim Final Victory as SCOTUS Denies Cert & Other Headlines
When: October 16, 2020
People: Jana S. Farmer
Brooklyn Museum Deaccessioning Artworks, Banksy Loses Trademark Battle and Other Stories
When: September 30, 2020
People: Jana S. Farmer
U.S. Senate Subcommittee on Investigations Recommends Regulation of the Art Market & Other Headlines
When: August 20, 2020
People: Jana S. Farmer
Disgraced Art Dealer Inigo Philbrick Indicted on Federal Fraud Charges & Other Stories
When: July 31, 2020
People: Jana S. Farmer
Paris Dealer Who Sold Golden Sarcophagus to the Met Charged with Money Laundering & Other Stories
When: July 20, 2020
People: Jana S. Farmer and John P. Cahill
U.S. Supreme Court Will Hear Appeal over Restitution of the Guelph Treasure & Other Stories
When: July 8, 2020
People: Jana S. Farmer
Street Art Sent to Space & Other Headlines
When: June 15, 2020
People: Jana S. Farmer
Hirst Spot Print Turned into Spots by MSCHF, Courtroom Artists Face New Challenge, Banksy Pays Homage to Hospital Workers
When: May 28, 2020
People: Jana S. Farmer and John P. Cahill
A Case for Indiana Jones: Oxford Professor Arrested for Allegedly Selling Stolen Goods & Other Art World Headlines
When: May 12, 2020
People: Jana S. Farmer

Firm Highlights

Publications
Nevada Supreme Court Overrules Caselaw on Post-Trial Contingency Fee Awards
Nevada’s Supreme Court has overruled Capriati Construction Corp. v. Yahyavi, 137 Nev. 675, 498 P.3d 226 (2021) to the extent it holds that a plaintiff represented on a contingency fee may recover the entire contingency fee if an offer of judgment is beaten. In Clark v. Marin, 142 Nev. Adv. Op. 47 (July 2, 2026), Marin sued Clark for injuries sustained in a motor vehicle accident. Marin served Clark a $2 million offer of judgment 24 days before trial. The jury’s verdict totaled $2,045,117.55. Offers of judgment under NRCP 68 are a powerful tool, allowing a plaintiff to serve an offer of judgment and recover post-offer attorneys’ fees if the plaintiff recovers more than was offered. The verdict here, plus prejudgment interest and taxable costs, produced a judgment that exceeded $2 million, so the plaintiff moved for attorneys’ fees. In Capriati, the Supreme Court affirmed a district court’s order awarding a personal injury plaintiff’s entire contingency fee because a “contingency fee does not vest until the client prevails.” As the client does not prevail until after the offer of judgment is served, the full contingency fee could be awarded. The district court applied Capriati and awarded “attorney’s fees in the full amount of Marin’s contingency fee agreement, totaling $818,047.02.” On appeal, Clark overruled Capriati. Clark reasoned a personal injury plaintiff incurs attorneys’ fees throughout the case but has no obligation to pay them unless there is a recovery. This is consistent with the fact that clients who discharge attorneys on contingency fee agreements are still obligated to pay for the services they receive. Moving forward, “while courts can consider the contingency fee amount in awarding attorney fees under NRCP 68, the award must be proportionate to and directly reflective of the work performed from the time of the offer.” The Court did not specify a specific method for doing so, but district courts “should determine a starting amount and make adjustments to account only for the work completed post-offer.” The Clark decision is a significant ruling for defendants. Nevada courts have consistently ruled that offers of judgment are not intended to force parties unfairly to forego legitimate claims. Excessive fee awards, “like those covering the entirety of a contingency fee agreement, risk such an effect. … NRCP 68 must hold offerees responsible for the value of the work required in continuing to litigate the case instead of settling, and no more.”
Read more
Client Wins
Pompeo and Trinh Secure Early Voluntary Dismissal in Wrongful Death Action
Celeena Pompeo (Partner-Orange County, CA) and Jessica Trinh (Associate-Orange County, LA) secured a voluntary dismissal in the Superior Court of California, Los Angeles County, on behalf of Wilson Elser’s festival promoter client in a wrongful death action. Recognizing the opportunity to resolve the matter at an early stage, Celeena and Jessica proactively presented the relevant facts with transparency and credibility, demonstrating that the claims against the client lacked merit. Their strategic advocacy prompted the plaintiff to voluntarily dismiss the client from the litigation before motion practice. By securing an early dismissal, Celeena and Jessica spared the client the cost and burden of prolonged litigation.
Read more
Publications
Virginia Lawyers Weekly Features St. Louis Article Examining Virginia’s New Med-Mal Reporting Law
Justin St. Louis (Of Counsel-Washington, DC) authored the article “What to Know about Virginia’s New Med-Mal Reporting Law,” appearing in the June 29, 2026, edition of Virginia Lawyers Weekly. The article examines Virginia's enactment of a new medical malpractice claims reporting law, effective July 1, 2026, following the legislature's decision to reject broader reforms that would have increased the state's medical malpractice damages cap. In this follow-up to the author’s earlier analysis of those rejections, he notes that although the damages cap remains unchanged, the new law establishes a reporting framework requiring certain health care entities and insurers to disclose malpractice claims data beginning October 1, 2026. The article highlights the governor's amendments, which broaden the scope of covered reporting entities beyond self-insured hospitals to include a broader range of healthcare providers and medical care facilities that maintain self-insurance, captive insurance, risk retention arrangements, or other retained financial risk; centralize reporting through the Bureau of Insurance; strengthen confidentiality protections; and eliminate certain financial reporting and disclosure requirements, among other changes. The author also discusses the law's strategic implications for healthcare providers, outlining practical steps organizations should consider to prepare for the new reporting requirements and continued legislative scrutiny of Virginia's medical malpractice damages cap. 
Read more
Publications
Insurance Policy Interpretation & Drafting Best Practices
Understanding key principles of policy interpretation and following sound drafting practices can help you reduce ambiguity, minimize costly disputes, and ensure coverage is applied as intended—protecting both your organization and your insureds. Wilson Elser’s Words Matter! is a one-page reference guide developed by our Insurance Coverage Practice attorneys to avoid issues with insurance policy and application language.
Read more
News
Wilkinson Receives Pennsylvania Bar Association’s 2026 Civil Litigation Professional Excellence Award
Kathleen Wilkinson was honored with the Pennsylvania Bar Association’s (PBA) 2026 Civil Litigation Professional Excellence Award, presented at the PBA Civil Litigation Section’s Annual Civil Litigation Retreat in State College, Pennsylvania, on April 25, 2026. Past Section Chair Jennifer Coatsworth and the Honorable Stephanie Domitrovich, a senior state trial judge, presented the award. At the presentation, Past Chair Coatsworth stated that as past president of the Pennsylvania Bar Association and past chair of the Civil Litigation Section, Kathleen has long been recognized for her leadership, professionalism, and commitment to the legal profession. As PBA president, she championed attorney wellness and civility, leading the PBA House of Delegates to support a wellness pledge. Kathleen’s nomination highlighted her distinguished service as the PBA's 127th President and the Philadelphia Bar Association’s 86th Chancellor ‒ the sixth woman to hold each office ‒ as well as her continued leadership through committee service, mentoring, and strategic guidance to both organizations. Throughout her career, Kathleen’s nomination also emphasized that Kathleen has advanced initiatives focused on attorney wellness, civility, diversity and inclusion, leadership development, and the advancement of women in the profession. As Philadelphia Bar Association Chancellor, she established the Chancellor Leadership Institute to help young and diverse attorneys develop leadership skills, and she has remained an active contributor to CLE programming and the PBA's Civility Committee. Kathleen’s nomination aptly recognized her as embodying the qualities the Civil Litigation Professional Excellence Award celebrates: excellence in the practice and administration of law, unwavering integrity, the highest ethical standards, and civility and fairness both inside and outside the courtroom. 
Read more
Client Wins
Williams and Potter Secure Summary Judgment for Sign Repair Contractor
​Jazmin Williams (Associate-White Plains, NY) and Jay Potter (Partner-New York, NY) obtained summary judgment in the Supreme Court of the State of New York, Nassau County, on behalf of Wilson Elser’s client, a sign repair company, securing dismissal of all claims and cross-claims. The team persuaded the court to reject the plaintiff’s metallurgical engineering expert’s opinions as speculative and unsupported by the evidence. The plaintiff, a convenience store patron, alleged that a portion of a store sign fell and struck her head and neck, causing a traumatic brain injury and requiring a multi-level cervical fusion. She made a $10 million pre-motion settlement demand, and the store owner sought defense and indemnification from the client as well. Our client had been retained to perform limited repairs to the sign approximately 13 months before the accident. Through a careful analysis of the governing contracts and testimony from the co-defendants, Jazmin established that the client acted solely as an independent contractor with a narrowly defined scope of work. Further evidence demonstrated that the parties specifically negotiated a one-year warranty on the repairs. This record helped establish Wilson Elser’s prima facie argument that the client owed no duty to inspect or reassess the sign after its work was completed. Jazmin meticulously prepared the client's witnesses for deposition and secured testimony confirming the owner's acceptance of the completed work. Combined with the defense expert's opinions, the court agreed that the evidence eliminated any triable issue of fact as to whether the sign was defective when the client completed its repairs more than a year before the incident. Without evidence linking the client’s repair work to the sign failure, the plaintiff’s engineering expert lacked a factual basis to support his causation opinions. The court agreed with Wilson Elser’s arguments that the plaintiff’s expert’s opinions were based on speculation and conjecture, rejected them outright, and dismissed both the plaintiff’s negligence claims against the client and the contractual indemnification and contribution claims asserted by the co-defendants.
Read more
News
Super Lawyers Names Six from Wilson Elser to 2026 Florida Rising Stars List
Super Lawyers® has named six Wilson Elser attorneys to the 2026 Florida Rising Stars™ List: Miami: Danielle T. Gauer (Of Counsel) – Transportation/Maritime Maria Papasakelariou (Of Counsel) – PI General – Defense Orlando: Michelle L. Bedoya (Of Counsel) – Insurance Coverage Shaina Druker (Partner) –  Insurance Coverage Michael Nesper (Associate) – Insurance Coverage West Palm Beach: Daniel M. Schwarz (Of Counsel) – Appellate Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The Rising Stars lists, comprising the best attorneys who are 40 and younger or who have practiced law for 10 years or less, are published in Super Lawyers magazines and leading city and regional magazines nationwide. No more than 2.5 percent of the lawyers in the state are named to these lists.
Read more
Events
Baiocco, Lickhalter, Testa, and Young Join Distinguished Instructors at ClaimsXchange 2026 Claims Academy
Joe Baiocco (Partner-White Plains, NY), Lara Lickhalter (Partner-Chicago, IL), Wendy Testa (Partner-Philadelphia, NY), and Jane Young (Partner-Denver, CO) are featured professors in the Transportation and Construction Schools at the 2026 ClaimsXchange Claims Academy in Chicago, Illinois, on July 14 ‒ 15, 2026. The Academy, an intensive two-day CLE and CE-accredited program, brings together renowned experts in various claims management specialties to offer professionals a challenging curriculum and unparalleled opportunities for creative learning and problem-solving. Wendy, who will serve as both provost and an instructor for the Construction track, will present "Construction Contracts and Risk Transfer" and "Emerging Professional and Technological Exposures in Construction". Jane, also an instructor in the Construction track, will present "Analysis of Coverage and Potential Gaps Related to Design and Construction Claims." Joe and Lara will provide their expertise in the Transportation School Track. Joe’s sessions include “Creative Resolution Strategies" and "Rapid Response", and Lara will provide instruction in her session "Risk Transfer.” Programs presented by our attorneys focus on developing advanced decision-making skills through analytical and practical approaches to evaluating transportation and construction/design claims; strengthening negotiation techniques for resolving complex disputes; and enhancing participants' ability to evaluate significant construction/design claims and analyze the coverage issues they present. 
Read more
Events
Litigation Management 101
Maryan Alexander (Partner-Baltimore, MD) will present the webinar “Litigation Management 101” as part of CLM’s 2026 Insurance 101 Webinar Series, Building a Strong Foundation in Insurance Fundamentals, to be held on July 29, 2026. Maryan’s session provides a high-level overview of the litigation process and the claims professional’s role in managing outside counsel, budgets, and case strategy. Participants will gain insight into key litigation milestones, reporting expectations, and effective collaboration with defense counsel. Ideal for those newer to litigation oversight, this session emphasizes proactive management practices that support strong outcomes and cost control.
Read more
Events
Legal Ethics in the World of Artificial Intelligence
Jonathan Meer (Partner-New York, NY) will present the Wilson Elser Forum webinar “Legal Ethics in the World of Artificial Intelligence” on July 16, 2026. The presentation will address how attorney regulation has evolved over time and what steps are being considered for policing attorney use of AI. Jonathan will touch on some of the model rules and ethical opinions concerning technology, as well as rules being adopted by the courts regarding AI use. He’ll also highlight instances of attorneys being reprimanded for misusing AI. Using artificial intelligence as a tool is becoming more commonplace among lawyers. The AI guidelines, whether established by courts, state bar associations, law firms, individual practitioners, or otherwise, should be a growing concern that requires careful consideration by lawyers today. 
Read more
Publications
Virginia Lawyers Weekly Features St. Louis Article Examining Virginia’s New Med-Mal Reporting Law
Justin St. Louis (Of Counsel-Washington, DC) authored the article “What to Know about Virginia’s New Med-Mal Reporting Law,” appearing in the June 29, 2026, edition of Virginia Lawyers Weekly. The article examines Virginia's enactment of a new medical malpractice claims reporting law, effective July 1, 2026, following the legislature's decision to reject broader reforms that would have increased the state's medical malpractice damages cap. In this follow-up to the author’s earlier analysis of those rejections, he notes that although the damages cap remains unchanged, the new law establishes a reporting framework requiring certain health care entities and insurers to disclose malpractice claims data beginning October 1, 2026. The article highlights the governor's amendments, which broaden the scope of covered reporting entities beyond self-insured hospitals to include a broader range of healthcare providers and medical care facilities that maintain self-insurance, captive insurance, risk retention arrangements, or other retained financial risk; centralize reporting through the Bureau of Insurance; strengthen confidentiality protections; and eliminate certain financial reporting and disclosure requirements, among other changes. The author also discusses the law's strategic implications for healthcare providers, outlining practical steps organizations should consider to prepare for the new reporting requirements and continued legislative scrutiny of Virginia's medical malpractice damages cap. 
Read more
Client Wins
Pompeo and Trinh Secure Early Voluntary Dismissal in Wrongful Death Action
Celeena Pompeo (Partner-Orange County, CA) and Jessica Trinh (Associate-Orange County, LA) secured a voluntary dismissal in the Superior Court of California, Los Angeles County, on behalf of Wilson Elser’s festival promoter client in a wrongful death action. Recognizing the opportunity to resolve the matter at an early stage, Celeena and Jessica proactively presented the relevant facts with transparency and credibility, demonstrating that the claims against the client lacked merit. Their strategic advocacy prompted the plaintiff to voluntarily dismiss the client from the litigation before motion practice. By securing an early dismissal, Celeena and Jessica spared the client the cost and burden of prolonged litigation.
Read more
Publications
Nevada Supreme Court Overrules Caselaw on Post-Trial Contingency Fee Awards
Nevada’s Supreme Court has overruled Capriati Construction Corp. v. Yahyavi, 137 Nev. 675, 498 P.3d 226 (2021) to the extent it holds that a plaintiff represented on a contingency fee may recover the entire contingency fee if an offer of judgment is beaten. In Clark v. Marin, 142 Nev. Adv. Op. 47 (July 2, 2026), Marin sued Clark for injuries sustained in a motor vehicle accident. Marin served Clark a $2 million offer of judgment 24 days before trial. The jury’s verdict totaled $2,045,117.55. Offers of judgment under NRCP 68 are a powerful tool, allowing a plaintiff to serve an offer of judgment and recover post-offer attorneys’ fees if the plaintiff recovers more than was offered. The verdict here, plus prejudgment interest and taxable costs, produced a judgment that exceeded $2 million, so the plaintiff moved for attorneys’ fees. In Capriati, the Supreme Court affirmed a district court’s order awarding a personal injury plaintiff’s entire contingency fee because a “contingency fee does not vest until the client prevails.” As the client does not prevail until after the offer of judgment is served, the full contingency fee could be awarded. The district court applied Capriati and awarded “attorney’s fees in the full amount of Marin’s contingency fee agreement, totaling $818,047.02.” On appeal, Clark overruled Capriati. Clark reasoned a personal injury plaintiff incurs attorneys’ fees throughout the case but has no obligation to pay them unless there is a recovery. This is consistent with the fact that clients who discharge attorneys on contingency fee agreements are still obligated to pay for the services they receive. Moving forward, “while courts can consider the contingency fee amount in awarding attorney fees under NRCP 68, the award must be proportionate to and directly reflective of the work performed from the time of the offer.” The Court did not specify a specific method for doing so, but district courts “should determine a starting amount and make adjustments to account only for the work completed post-offer.” The Clark decision is a significant ruling for defendants. Nevada courts have consistently ruled that offers of judgment are not intended to force parties unfairly to forego legitimate claims. Excessive fee awards, “like those covering the entirety of a contingency fee agreement, risk such an effect. … NRCP 68 must hold offerees responsible for the value of the work required in continuing to litigate the case instead of settling, and no more.”
Read more
Publications
Insurance Policy Interpretation & Drafting Best Practices
Understanding key principles of policy interpretation and following sound drafting practices can help you reduce ambiguity, minimize costly disputes, and ensure coverage is applied as intended—protecting both your organization and your insureds. Wilson Elser’s Words Matter! is a one-page reference guide developed by our Insurance Coverage Practice attorneys to avoid issues with insurance policy and application language.
Read more
News
Wilkinson Receives Pennsylvania Bar Association’s 2026 Civil Litigation Professional Excellence Award
Kathleen Wilkinson was honored with the Pennsylvania Bar Association’s (PBA) 2026 Civil Litigation Professional Excellence Award, presented at the PBA Civil Litigation Section’s Annual Civil Litigation Retreat in State College, Pennsylvania, on April 25, 2026. Past Section Chair Jennifer Coatsworth and the Honorable Stephanie Domitrovich, a senior state trial judge, presented the award. At the presentation, Past Chair Coatsworth stated that as past president of the Pennsylvania Bar Association and past chair of the Civil Litigation Section, Kathleen has long been recognized for her leadership, professionalism, and commitment to the legal profession. As PBA president, she championed attorney wellness and civility, leading the PBA House of Delegates to support a wellness pledge. Kathleen’s nomination highlighted her distinguished service as the PBA's 127th President and the Philadelphia Bar Association’s 86th Chancellor ‒ the sixth woman to hold each office ‒ as well as her continued leadership through committee service, mentoring, and strategic guidance to both organizations. Throughout her career, Kathleen’s nomination also emphasized that Kathleen has advanced initiatives focused on attorney wellness, civility, diversity and inclusion, leadership development, and the advancement of women in the profession. As Philadelphia Bar Association Chancellor, she established the Chancellor Leadership Institute to help young and diverse attorneys develop leadership skills, and she has remained an active contributor to CLE programming and the PBA's Civility Committee. Kathleen’s nomination aptly recognized her as embodying the qualities the Civil Litigation Professional Excellence Award celebrates: excellence in the practice and administration of law, unwavering integrity, the highest ethical standards, and civility and fairness both inside and outside the courtroom. 
Read more
Client Wins
Williams and Potter Secure Summary Judgment for Sign Repair Contractor
​Jazmin Williams (Associate-White Plains, NY) and Jay Potter (Partner-New York, NY) obtained summary judgment in the Supreme Court of the State of New York, Nassau County, on behalf of Wilson Elser’s client, a sign repair company, securing dismissal of all claims and cross-claims. The team persuaded the court to reject the plaintiff’s metallurgical engineering expert’s opinions as speculative and unsupported by the evidence. The plaintiff, a convenience store patron, alleged that a portion of a store sign fell and struck her head and neck, causing a traumatic brain injury and requiring a multi-level cervical fusion. She made a $10 million pre-motion settlement demand, and the store owner sought defense and indemnification from the client as well. Our client had been retained to perform limited repairs to the sign approximately 13 months before the accident. Through a careful analysis of the governing contracts and testimony from the co-defendants, Jazmin established that the client acted solely as an independent contractor with a narrowly defined scope of work. Further evidence demonstrated that the parties specifically negotiated a one-year warranty on the repairs. This record helped establish Wilson Elser’s prima facie argument that the client owed no duty to inspect or reassess the sign after its work was completed. Jazmin meticulously prepared the client's witnesses for deposition and secured testimony confirming the owner's acceptance of the completed work. Combined with the defense expert's opinions, the court agreed that the evidence eliminated any triable issue of fact as to whether the sign was defective when the client completed its repairs more than a year before the incident. Without evidence linking the client’s repair work to the sign failure, the plaintiff’s engineering expert lacked a factual basis to support his causation opinions. The court agreed with Wilson Elser’s arguments that the plaintiff’s expert’s opinions were based on speculation and conjecture, rejected them outright, and dismissed both the plaintiff’s negligence claims against the client and the contractual indemnification and contribution claims asserted by the co-defendants.
Read more
News
Super Lawyers Names Six from Wilson Elser to 2026 Florida Rising Stars List
Super Lawyers® has named six Wilson Elser attorneys to the 2026 Florida Rising Stars™ List: Miami: Danielle T. Gauer (Of Counsel) – Transportation/Maritime Maria Papasakelariou (Of Counsel) – PI General – Defense Orlando: Michelle L. Bedoya (Of Counsel) – Insurance Coverage Shaina Druker (Partner) –  Insurance Coverage Michael Nesper (Associate) – Insurance Coverage West Palm Beach: Daniel M. Schwarz (Of Counsel) – Appellate Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The Rising Stars lists, comprising the best attorneys who are 40 and younger or who have practiced law for 10 years or less, are published in Super Lawyers magazines and leading city and regional magazines nationwide. No more than 2.5 percent of the lawyers in the state are named to these lists.
Read more
Events
Baiocco, Lickhalter, Testa, and Young Join Distinguished Instructors at ClaimsXchange 2026 Claims Academy
Joe Baiocco (Partner-White Plains, NY), Lara Lickhalter (Partner-Chicago, IL), Wendy Testa (Partner-Philadelphia, NY), and Jane Young (Partner-Denver, CO) are featured professors in the Transportation and Construction Schools at the 2026 ClaimsXchange Claims Academy in Chicago, Illinois, on July 14 ‒ 15, 2026. The Academy, an intensive two-day CLE and CE-accredited program, brings together renowned experts in various claims management specialties to offer professionals a challenging curriculum and unparalleled opportunities for creative learning and problem-solving. Wendy, who will serve as both provost and an instructor for the Construction track, will present "Construction Contracts and Risk Transfer" and "Emerging Professional and Technological Exposures in Construction". Jane, also an instructor in the Construction track, will present "Analysis of Coverage and Potential Gaps Related to Design and Construction Claims." Joe and Lara will provide their expertise in the Transportation School Track. Joe’s sessions include “Creative Resolution Strategies" and "Rapid Response", and Lara will provide instruction in her session "Risk Transfer.” Programs presented by our attorneys focus on developing advanced decision-making skills through analytical and practical approaches to evaluating transportation and construction/design claims; strengthening negotiation techniques for resolving complex disputes; and enhancing participants' ability to evaluate significant construction/design claims and analyze the coverage issues they present. 
Read more
Events
Litigation Management 101
Maryan Alexander (Partner-Baltimore, MD) will present the webinar “Litigation Management 101” as part of CLM’s 2026 Insurance 101 Webinar Series, Building a Strong Foundation in Insurance Fundamentals, to be held on July 29, 2026. Maryan’s session provides a high-level overview of the litigation process and the claims professional’s role in managing outside counsel, budgets, and case strategy. Participants will gain insight into key litigation milestones, reporting expectations, and effective collaboration with defense counsel. Ideal for those newer to litigation oversight, this session emphasizes proactive management practices that support strong outcomes and cost control.
Read more
Events
Legal Ethics in the World of Artificial Intelligence
Jonathan Meer (Partner-New York, NY) will present the Wilson Elser Forum webinar “Legal Ethics in the World of Artificial Intelligence” on July 16, 2026. The presentation will address how attorney regulation has evolved over time and what steps are being considered for policing attorney use of AI. Jonathan will touch on some of the model rules and ethical opinions concerning technology, as well as rules being adopted by the courts regarding AI use. He’ll also highlight instances of attorneys being reprimanded for misusing AI. Using artificial intelligence as a tool is becoming more commonplace among lawyers. The AI guidelines, whether established by courts, state bar associations, law firms, individual practitioners, or otherwise, should be a growing concern that requires careful consideration by lawyers today. 
Read more
Publications
Virginia Lawyers Weekly Features St. Louis Article Examining Virginia’s New Med-Mal Reporting Law
Justin St. Louis (Of Counsel-Washington, DC) authored the article “What to Know about Virginia’s New Med-Mal Reporting Law,” appearing in the June 29, 2026, edition of Virginia Lawyers Weekly. The article examines Virginia's enactment of a new medical malpractice claims reporting law, effective July 1, 2026, following the legislature's decision to reject broader reforms that would have increased the state's medical malpractice damages cap. In this follow-up to the author’s earlier analysis of those rejections, he notes that although the damages cap remains unchanged, the new law establishes a reporting framework requiring certain health care entities and insurers to disclose malpractice claims data beginning October 1, 2026. The article highlights the governor's amendments, which broaden the scope of covered reporting entities beyond self-insured hospitals to include a broader range of healthcare providers and medical care facilities that maintain self-insurance, captive insurance, risk retention arrangements, or other retained financial risk; centralize reporting through the Bureau of Insurance; strengthen confidentiality protections; and eliminate certain financial reporting and disclosure requirements, among other changes. The author also discusses the law's strategic implications for healthcare providers, outlining practical steps organizations should consider to prepare for the new reporting requirements and continued legislative scrutiny of Virginia's medical malpractice damages cap. 
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Client Wins
Pompeo and Trinh Secure Early Voluntary Dismissal in Wrongful Death Action
Celeena Pompeo (Partner-Orange County, CA) and Jessica Trinh (Associate-Orange County, LA) secured a voluntary dismissal in the Superior Court of California, Los Angeles County, on behalf of Wilson Elser’s festival promoter client in a wrongful death action. Recognizing the opportunity to resolve the matter at an early stage, Celeena and Jessica proactively presented the relevant facts with transparency and credibility, demonstrating that the claims against the client lacked merit. Their strategic advocacy prompted the plaintiff to voluntarily dismiss the client from the litigation before motion practice. By securing an early dismissal, Celeena and Jessica spared the client the cost and burden of prolonged litigation.
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Publications
Nevada Supreme Court Overrules Caselaw on Post-Trial Contingency Fee Awards
Nevada’s Supreme Court has overruled Capriati Construction Corp. v. Yahyavi, 137 Nev. 675, 498 P.3d 226 (2021) to the extent it holds that a plaintiff represented on a contingency fee may recover the entire contingency fee if an offer of judgment is beaten. In Clark v. Marin, 142 Nev. Adv. Op. 47 (July 2, 2026), Marin sued Clark for injuries sustained in a motor vehicle accident. Marin served Clark a $2 million offer of judgment 24 days before trial. The jury’s verdict totaled $2,045,117.55. Offers of judgment under NRCP 68 are a powerful tool, allowing a plaintiff to serve an offer of judgment and recover post-offer attorneys’ fees if the plaintiff recovers more than was offered. The verdict here, plus prejudgment interest and taxable costs, produced a judgment that exceeded $2 million, so the plaintiff moved for attorneys’ fees. In Capriati, the Supreme Court affirmed a district court’s order awarding a personal injury plaintiff’s entire contingency fee because a “contingency fee does not vest until the client prevails.” As the client does not prevail until after the offer of judgment is served, the full contingency fee could be awarded. The district court applied Capriati and awarded “attorney’s fees in the full amount of Marin’s contingency fee agreement, totaling $818,047.02.” On appeal, Clark overruled Capriati. Clark reasoned a personal injury plaintiff incurs attorneys’ fees throughout the case but has no obligation to pay them unless there is a recovery. This is consistent with the fact that clients who discharge attorneys on contingency fee agreements are still obligated to pay for the services they receive. Moving forward, “while courts can consider the contingency fee amount in awarding attorney fees under NRCP 68, the award must be proportionate to and directly reflective of the work performed from the time of the offer.” The Court did not specify a specific method for doing so, but district courts “should determine a starting amount and make adjustments to account only for the work completed post-offer.” The Clark decision is a significant ruling for defendants. Nevada courts have consistently ruled that offers of judgment are not intended to force parties unfairly to forego legitimate claims. Excessive fee awards, “like those covering the entirety of a contingency fee agreement, risk such an effect. … NRCP 68 must hold offerees responsible for the value of the work required in continuing to litigate the case instead of settling, and no more.”
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Publications
Insurance Policy Interpretation & Drafting Best Practices
Understanding key principles of policy interpretation and following sound drafting practices can help you reduce ambiguity, minimize costly disputes, and ensure coverage is applied as intended—protecting both your organization and your insureds. Wilson Elser’s Words Matter! is a one-page reference guide developed by our Insurance Coverage Practice attorneys to avoid issues with insurance policy and application language.
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News
Wilkinson Receives Pennsylvania Bar Association’s 2026 Civil Litigation Professional Excellence Award
Kathleen Wilkinson was honored with the Pennsylvania Bar Association’s (PBA) 2026 Civil Litigation Professional Excellence Award, presented at the PBA Civil Litigation Section’s Annual Civil Litigation Retreat in State College, Pennsylvania, on April 25, 2026. Past Section Chair Jennifer Coatsworth and the Honorable Stephanie Domitrovich, a senior state trial judge, presented the award. At the presentation, Past Chair Coatsworth stated that as past president of the Pennsylvania Bar Association and past chair of the Civil Litigation Section, Kathleen has long been recognized for her leadership, professionalism, and commitment to the legal profession. As PBA president, she championed attorney wellness and civility, leading the PBA House of Delegates to support a wellness pledge. Kathleen’s nomination highlighted her distinguished service as the PBA's 127th President and the Philadelphia Bar Association’s 86th Chancellor ‒ the sixth woman to hold each office ‒ as well as her continued leadership through committee service, mentoring, and strategic guidance to both organizations. Throughout her career, Kathleen’s nomination also emphasized that Kathleen has advanced initiatives focused on attorney wellness, civility, diversity and inclusion, leadership development, and the advancement of women in the profession. As Philadelphia Bar Association Chancellor, she established the Chancellor Leadership Institute to help young and diverse attorneys develop leadership skills, and she has remained an active contributor to CLE programming and the PBA's Civility Committee. Kathleen’s nomination aptly recognized her as embodying the qualities the Civil Litigation Professional Excellence Award celebrates: excellence in the practice and administration of law, unwavering integrity, the highest ethical standards, and civility and fairness both inside and outside the courtroom. 
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Client Wins
Williams and Potter Secure Summary Judgment for Sign Repair Contractor
​Jazmin Williams (Associate-White Plains, NY) and Jay Potter (Partner-New York, NY) obtained summary judgment in the Supreme Court of the State of New York, Nassau County, on behalf of Wilson Elser’s client, a sign repair company, securing dismissal of all claims and cross-claims. The team persuaded the court to reject the plaintiff’s metallurgical engineering expert’s opinions as speculative and unsupported by the evidence. The plaintiff, a convenience store patron, alleged that a portion of a store sign fell and struck her head and neck, causing a traumatic brain injury and requiring a multi-level cervical fusion. She made a $10 million pre-motion settlement demand, and the store owner sought defense and indemnification from the client as well. Our client had been retained to perform limited repairs to the sign approximately 13 months before the accident. Through a careful analysis of the governing contracts and testimony from the co-defendants, Jazmin established that the client acted solely as an independent contractor with a narrowly defined scope of work. Further evidence demonstrated that the parties specifically negotiated a one-year warranty on the repairs. This record helped establish Wilson Elser’s prima facie argument that the client owed no duty to inspect or reassess the sign after its work was completed. Jazmin meticulously prepared the client's witnesses for deposition and secured testimony confirming the owner's acceptance of the completed work. Combined with the defense expert's opinions, the court agreed that the evidence eliminated any triable issue of fact as to whether the sign was defective when the client completed its repairs more than a year before the incident. Without evidence linking the client’s repair work to the sign failure, the plaintiff’s engineering expert lacked a factual basis to support his causation opinions. The court agreed with Wilson Elser’s arguments that the plaintiff’s expert’s opinions were based on speculation and conjecture, rejected them outright, and dismissed both the plaintiff’s negligence claims against the client and the contractual indemnification and contribution claims asserted by the co-defendants.
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