Prevailed on a motion to dismiss a “total loss” class action in Wisconsin. The case was appealed but dismissed with prejudice by plaintiff following the filing of the respondent’s brief.

Represented numerous businesses in data breach class actions in state and federal court across the country.

Represented a software as a service (SaaS) company in a contract dispute with one of its customers.

Persuaded D.C. Circuit to affirm district court’s dismissal of plaintiff’s claim based on lack of personal jurisdiction.

Successfully enforced judgment for trademark infringement such that infringing party was held in contempt, forced to take down infringing content, and ordered to pay client’s attorneys’ fees and costs.

Obtained summary judgment on behalf of a pool contractor where plaintiffs alleged damage to their multimillion-dollar home arising from the design and installation of an inadequate heating and cooling system in their natatorium. Summary judgment was affirmed on appeal.

Persuaded the Eighth Circuit Court of Appeals to affirm the district court’s denial of a temporary restraining order and award of attorney’s fees in a corporate governance case.

Persuaded the Missouri Court of Appeals to reverse the trial court’s judgment on a quiet title action.

Obtained partial summary judgment as plaintiff in a subrogation case involving the collapse of one of the largest cranes in North America.

Successfully represented homeowners, landlords and Fortune 500 companies in premises liability suits, including serving as first chair in a jury trial in which the jury awarded less than 10% of plaintiff’s last pre-trial offer.

Representative Matters

Prevailed on a motion to dismiss a “total loss” class action in Wisconsin. The case was appealed but dismissed with prejudice by plaintiff following the filing of the respondent’s brief.

Represented numerous businesses in data breach class actions in state and federal court across the country.

Represented a software as a service (SaaS) company in a contract dispute with one of its customers.

Persuaded D.C. Circuit to affirm district court’s dismissal of plaintiff’s claim based on lack of personal jurisdiction.

Successfully enforced judgment for trademark infringement such that infringing party was held in contempt, forced to take down infringing content, and ordered to pay client’s attorneys’ fees and costs.

Obtained summary judgment on behalf of a pool contractor where plaintiffs alleged damage to their multimillion-dollar home arising from the design and installation of an inadequate heating and cooling system in their natatorium. Summary judgment was affirmed on appeal.

Persuaded the Eighth Circuit Court of Appeals to affirm the district court’s denial of a temporary restraining order and award of attorney’s fees in a corporate governance case.

Persuaded the Missouri Court of Appeals to reverse the trial court’s judgment on a quiet title action.

Obtained partial summary judgment as plaintiff in a subrogation case involving the collapse of one of the largest cranes in North America.

Successfully represented homeowners, landlords and Fortune 500 companies in premises liability suits, including serving as first chair in a jury trial in which the jury awarded less than 10% of plaintiff’s last pre-trial offer.

Representative Matters

D.C. Class Action Team Prevails on Motion for Reconsideration: Court Concedes It Committed Clear Error in Certifying a Class Action

Washington, D.C. partners David Ross and Kevin P. Farrell and associate Daniel Coffman secured a rare acknowledgement from the District of Columbia Superior Court, which conceded it committed a clear error in previously certifying a class in a case related to vehicle repossession practices. The court had found that proposed class members suffered similar injuries based on an alleged practice of overcharging for repossession and vehicle storage and other actions taken after a customer’s default. Wilson Elser filed a motion contending that the court did not address issues presented in its Opposition to Class Certification. The court agreed, finding that a class cannot be certified for several reasons: (1) plaintiff lacks standing because her claims are based entirely on past conduct; (2) plaintiff cannot serve as class representative or a member of a class because her claims are time-barred; (3) arbitration and class waiver clauses in the plaintiff’s and proposed class member’s contracts preclude class certification; and (4) the court’s sua sponte reliance on a municipal regulation was misplaced. 

David M. Ross, Kevin P. Farrell and Daniel R. Coffman

Class Action Complaint

Farrell and Coffman Secure Dismissal of All Claims Against Military Defense Contractor

Kevin Farrell (Partner-Washington, DC) and Daniel Coffman (Associate-Washington, DC) prevailed on a motion to dismiss on behalf of a United States military defense contractor after a plaintiff attempted to add the contractor to a suit regarding the loss of plaintiff’s security clearance. The motion to dismiss demonstrated that the tortious interference and other claims against Wilson Elser’s client were barred by the statute of limitations. The plaintiff argued that several exceptions applied, including that his claims were timely because the D.C. Superior Court’s COVID-19 orders tolled the statute of limitations. While noting that the relevant orders were not a model of clarity, the U.S. District Court for the District of Columbia agreed with Dan and Kevin’s concise analysis of the D.C. Superior Court’s COVID-19 orders, and found that the claims were time-barred. The court further determined that (1) the continuous tort doctrine does not apply to the plaintiff’s claims, (2) the Federal Rules of Civil Procedure’s joinder rules have no bearing on whether the plaintiff’s claims are timely, and (3) under Federal Rule of Civil Procedure 15 the plaintiff’s claims did not “relate back” to his first complaint because his failure to timely add the contractor as a defendant was not the type of mistake Rule 15 was meant to remedy. All claims against Wilson Elser’s client were dismissed with prejudice. 

Kevin P. Farrell and Daniel R. Coffman

Coffman, Das, Ross, Viergever and Williams Defeat Federal Data Breach Class Action

Daniel Coffman (Associate-Washington, DC), Anjali Das (Partner-Chicago, IL), David Ross (Partner-Washington, DC), Kim Viergever (Of Counsel-Denver, CO) and Ryan Williams (Partner-Denver, CO) obtained dismissal with prejudice of a federal data breach class action filed against a services vendor for mental health care providers in the District of Colorado. The case comprised eight consolidated class actions brought by 15 named plaintiffs that arose out of a ransomware incident that involved the personal information of almost 4.3 million individuals and included sensitive information such as health information and Social Security numbers. The court agreed that all of the named plaintiffs lack Article III standing, dissecting each of their alleged theories of harm and coming down on the side of the more reasoned courts that have found these types of theories fail to establish standing – public disclosure of private information, increased spam, diminution in value of PHI/PII, emotional distress and future harm. The court concluded that “Plaintiffs have failed to allege injuries in fact that are fairly traceable to the Defendants’ complained-of conduct,” and issued a judgment dismissing the plaintiffs’ claims with prejudice and closing the case. 

Daniel R. Coffman, Anjali C. Das, David M. Ross, Kimberly Viergever and Ryan A. Williams

Cybersecurity Class Action

Firm Highlights

Client Wins
Brinker and Heydari Secure Summary Judgment in Legal Malpractice Case
Craig Brinker (Partner–Dallas, TX) and Meina Heydari (Associate–Washington, D.C.) obtained dismissal of a legal malpractice and gross negligence case in the 401st District Court of Collin County, on behalf of Wilson Elser’s clients, a law firm and two attorneys. Our clients had represented the plaintiff in an earlier child custody case. The pro se plaintiff alleged that in the underlying matter, the attorneys failed to adequately represent her during a contested temporary orders hearing in a Suit Affecting the Parent-Child Relationship (SAPCR) action involving custody and support issues concerning her minor son, and sought actual and exemplary damages. Craig and Meina filed a no-evidence motion for summary judgment under Texas Rule of Civil Procedure 166a(h)(3), arguing that because the plaintiff’s claims turned on her attorneys’ litigation strategy in a complex family-law proceeding, expert testimony was required to establish the breach and causation elements of her claims. They further argued that the plaintiff’s failure to designate any experts, despite receiving a thirty-day extension of the designation deadline, warranted dismissal. Craig and Meina also successfully opposed the plaintiff’s invocation of the “common knowledge” exception and request for additional discovery, establishing that the absence of expert testimony was a dispositive deficiency that further discovery could not cure. The court granted Wilson Elser’s motion and dismissed the plaintiff’s claims against all three defendants with prejudice.
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Events
Recent Developments on Equitable Relief Under ERISA
Joshua Bachrach (Partner-Philadelphia, PA) will present “Recent Developments on Equitable Relief Under ERISA” at the 2026 DRI Life, Health, Disability & ERISA Seminar, held April 29 – May 1, 2026, in Atlanta, Georgia. Josh’s session provides a brief review of relevant Supreme Court decisions and covers various topics, such as whether surcharge is a permissible remedy under ERISA, use of Section 502(a)(3) to recover attorney’s fees, and the applicability of the exhaustion requirement. Josh, who has handled several hundred ERISA cases nationwide, also addresses breach of fiduciary duty claims and equitable relief remedies at this preeminent seminar for in-house and outside counsel regularly practicing in the life, health, disability, and ERISA areas.
Read more
Events
ANSI Standards in Product Liability Litigation: Admissibility, Strategic Use, and Practical Risk Management
Andrew Albright (Partner-Chicago) and Keti Mebuke (Associate-Chicago) will present the Wilson Elser Forum webinar “ANSI Standards in Product Liability Litigation: Admissibility, Strategic Use, and Practical Risk Management” on April 30, 2026. The webinar examines how courts treat voluntary industry safety standards in product liability cases, including their admissibility at trial and how these standards are used by experts to evaluate product design and safety. Using a revolving-door injury case by way of example, the webinar will discuss how ANSI standards (including ANSI/BHMA A156.27, governing power-operated revolving doors) are applied in product liability litigation. The session will also review relevant case law, including Illinois authority, addressing the admissibility and evidentiary role of industry standards. The webinar is designed for attorneys, claims professionals, and risk managers who handle product liability matters and seek a practical understanding of how ANSI standards influence trial, expert testimony, litigation strategy, and risk management.
Read more
Publications
Delay Defeats Arbitration: Nevada High Court Finds 17 Months Too Long
While arbitration clauses are ubiquitous in contracts, they are meaningless if the parties do not move quickly enough to enforce them. In Lennar Communities Nevada, LLC v. Whalen, the plaintiff executed a residential purchase and sale agreement that included an arbitration clause. She then tripped and fell within the community. She sued the developer, and the parties participated in extensive discovery. The developer did not attempt to enforce the arbitration clause for 17 months. While waiver is disfavored, the Supreme Court concluded that the three-factor test for waiver was satisfied. First, the developer knew of the waiver. Second, they acted inconsistently with the right to arbitrate by actively litigating the case in court for such a long time. The Court then introduced a new factor to the analysis. “[C]ourts should consider the totality of the circumstances when evaluating whether a party has already litigated an issue it subsequently seeks to arbitrate.” That factor was met too. The Court next considered whether not invoking the arbitration clause earlier prejudiced the plaintiff. It expressed doubt whether that factor was valid but did not overrule it. Regardless, prejudice was found because the developer was able to obtain discovery in court that typically is unavailable in arbitration. The opinion reiterates the importance of identifying potential arbitration clauses and deciding whether to invoke them as soon as possible.
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Client Wins
Takacs and Rossi Defeat Claims Against Property Owner in Tenant Injury Lawsuit
Michael S. Takacs (Partner-Philadelphia, PA) and Andrew Rossi (Associate-Philadelphia, PA) prevailed on a motion for summary judgment in the Court of Common Pleas, Philadelphia County, Pennsylvania, on behalf of Wilson Elser’s client, a property owner/landlord. The plaintiff, a tenant at the client’s apartment complex, allegedly sustained a forehead laceration, concussion, post-concussion syndrome, and injuries to her neck after striking her forehead on a dumpster’s trunnion bar while taking out her trash. She claimed the trunnion bar, which a truck uses to lift the dumpster during emptying, was a dangerous condition because it “sticks out inconspicuously” and lacked warnings or contrasting paint to make it more visible. The codefendant waste management company supplied and serviced the dumpster under a customer service agreement with our client, retained ownership, and specifically prohibited the client from altering it. The plaintiff, who had lived at the property for more than a year, admitted to using the dumpster at least weekly to dispose of her trash. Michael and Andrew moved for summary judgment, asserting that the client neither owed nor breached a legal duty of care to protect the plaintiff where the alleged condition of the trunnion bar was open, obvious, and readily visible on equipment the client did not own or control. The court entered summary judgment on behalf of the client, dismissing all claims and crossclaims.
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Events
Lawyers' Obligations with Respect to Confidentiality at Stanford Law School’s Civil Litigation Symposium
Kathleen Warin (Partner-Washington, DC) will join the panel “Lawyers’ Obligations with Respect to Confidentiality” at the Secrecy and Transparency in Civil Litigation Symposium, held on May 1-2, 2026, at Stanford Law School in Palo Alto, California. The event, hosted by the Deborah L. Rhode Center on the Legal Profession at Stanford Law School and the National Civil Justice Institute, marks Kathleen's second time as an invited panelist at Stanford. Kathleen’s panel examines where lawyers’ duties to their clients intersect, and possibly conflict with, obligations to the public and the courts, particularly in the context of protective orders, settlements, and other forms of confidentiality in civil litigation. The symposium explores the legal and policy dimensions of confidentiality and transparency, highlighting how courts, litigants, and policymakers are navigating this balance and the tradeoffs involved.
Read more
Publications
Westlaw Today Features Fink Article on Shifting Landscape of Internet Liability & Safe Harbor Protections
Sarah Fink (Of Counsel-Long Island, NY) authored “Mixed Signals on the Free Flow of information Online – One Step Forward, Two Steps Back,” appearing in the April 21, 2026, posting of Westlaw Today. The article examines three recent court decisions that send mixed signals on the future of internet liability and statutory safe harbor defenses, highlighting a Supreme Court ruling that reinforces protections for online service providers and encourages the free flow of information, alongside two state court rulings (California and New Mexico) that expand potential liability for social media platforms, holding that they can be held liable for harm caused by addiction to social media. Sarah opines, “Together, these three decisions highlight the tension between First Amendment speech rights, statutory safe harbors, public safety online, and recourse for harms, such as mental health deterioration and copyright infringement.” She further explains that the cases “also demonstrate that the traditional statutory safe harbors for internet actors may be circumvented by creative pleading and litigation tactics, leading to questions about their continued relevance.”
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News
Super Lawyers Names Three to 2026 Virginia Rising Stars List
Super Lawyers® has named three Wilson Elser attorneys to the 2026 Virginia Rising Stars™ list: Rising Stars Natalie B. Jacobs (Associate) – Professional Liability: Defense Haley B. Mathis (Of Counsel) – Business Litigation Hariton J. Wilson (Associate) – Civil Litigation: Defense 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 40 years old 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.
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News
Wilson Elser Expands Design Professionals and Construction Practices with New Denver Partner
New York – April 20, 2026 – National law firm Wilson Elser today announced the addition of Elizabeth Olson as a partner in its Denver office, strengthening the firm's Design Professionals and Construction practices. Olson joins Wilson Elser from a regional litigation firm focused on tort and commercial litigation, bringing more than a decade of experience successfully defending complex construction, design professional, and commercial matters across various jurisdictions. “For 15 years, Wilson Elser’s Denver office has offered full-service legal support for clients in the Rocky Mountain region,” said Wilson Elser Chair Daniel J. McMahon. "Elizabeth's arrival deepens our bench in critical practice areas and reflects our continued investment in attracting top-tier talent to serve our clients." “Elizabeth’s hiring enhances our existing practices in Denver,” said Jason Melichar, regional managing partner of Wilson Elser’s Denver office. “She will work closely with Ryan Williams, our Denver-based cochair of the firm’s Design Professionals Practice, in defending architects and engineers in construction defect matters.” Olson noted that her decision to join the firm was informed by firsthand experience litigating cases opposite Wilson Elser's Denver attorneys. “The firm has an outstanding reputation in the civil litigation defense community, and I am confident that its robust platform and resources will serve my clients exceptionally well," she said. Olson's practice encompasses a broad range of civil defense matters, including construction and design professional liability, premises liability, general casualty, contract disputes, commercial litigation, product liability, and transportation. She has represented clients in state and federal courts in Colorado and Arizona. Olson earned her J.D. from Arizona State University's Sandra Day O'Connor College of Law and her B.A. in Economics and Ancient Mediterranean Civilizations from Rice University.
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Publications
New York’s AVOID Act Imposes 90-Day Deadline for Third-Party Claims
The New York Avoiding Vexatious Overuse of Impleading to Delay (AVOID) Act became effective on April 18, 2026, establishing new deadlines for third-party complaints. Under this Act, a third-party plaintiff must file their complaint within 90 days of serving the initial answer pursuant to CPLR § 1007(b).1 Any third-party complaint against a plaintiff’s employer, however, must be filed within 90 days of the later of (1) discovering the employer’s identity; or (2) determining that the plaintiff sustained a “grave injury” as defined by Section 11 of the Workers’ Compensation Law. CPLR § 1007(e).2 The Act prohibits filing a third-party complaint after the note of issue unless upon good cause shown or in the interest of justice. CPLR § 1007(c).3 A third-party action filed in violation of this subdivision shall be severed or dismissed without prejudice. CPLR § 1007(d).4 Any severed actions that are initiated as new actions cannot then be consolidated. CPLR § 1007(f).5 Regarding retroactivity: an amendment clarifies that the Act applies to all cases commenced on or after the April 18, 2026 effective date.6 Be advised that as of April 16, 2026, the New York State website has not yet integrated this amendment into the statutory text.7 Lexis captures this update in the editor’s notes,8 and Westlaw includes it within the proposed legislation section.9 ____________________________________________________________________________________ 1 https://www.nysenate.gov/legislation/laws/CVP/1007  2 https://www.nysenate.gov/legislation/laws/CVP/1007  3 https://www.nysenate.gov/legislation/laws/CVP/1007  4 https://www.nysenate.gov/legislation/laws/CVP/1007  5 https://www.nysenate.gov/legislation/laws/CVP/1007  6 https://www.nysenate.gov/legislation/bills/2025/S8809  7 https://www.nysenate.gov/legislation/laws/CVP/1007  8 2026 N.Y. ALS 79 ; 2026 N.Y. Laws 79 ; 2026 N.Y. Ch. 79 ; 2026 N.Y. SB 8809 9 https://1.next.westlaw.com/Document/NFE11DA10E4E211F0AA39CB673CF36EC6/View/FullText.html?navigationPath=Search/v1/results/navigation/i0a93b86c0000019d9c1ba0e5c3a0e723?ppcid=44f5a950322a4255ae42b3e5a5e57b22&Nav=MULTIPLECITATIONS&fragmentIdentifier=NFE11DA10E4E211F0AA39CB673CF36EC6&parentRank=0&startIndex=1&contextData=%28sc.Search%29&transitionType=UniqueDocItem&listSource=Search&listPageSource=781efccd7c647a1b5673e671cb33d842&list=MULTIPLECITATIONS&sessionScopeId=a4a94ca7e43970d7bb6b9036b5ab4e414796eb2f36e0a800dc47d1459a582deb&ppcid=44f5a950322a4255ae42b3e5a5e57b22&originationContext=NonUniqueFindSelected&transitionType=UniqueDocItem&contextData=(sc.Search)
Read more
Events
ANSI Standards in Product Liability Litigation: Admissibility, Strategic Use, and Practical Risk Management
Andrew Albright (Partner-Chicago) and Keti Mebuke (Associate-Chicago) will present the Wilson Elser Forum webinar “ANSI Standards in Product Liability Litigation: Admissibility, Strategic Use, and Practical Risk Management” on April 30, 2026. The webinar examines how courts treat voluntary industry safety standards in product liability cases, including their admissibility at trial and how these standards are used by experts to evaluate product design and safety. Using a revolving-door injury case by way of example, the webinar will discuss how ANSI standards (including ANSI/BHMA A156.27, governing power-operated revolving doors) are applied in product liability litigation. The session will also review relevant case law, including Illinois authority, addressing the admissibility and evidentiary role of industry standards. The webinar is designed for attorneys, claims professionals, and risk managers who handle product liability matters and seek a practical understanding of how ANSI standards influence trial, expert testimony, litigation strategy, and risk management.
Read more
Events
Recent Developments on Equitable Relief Under ERISA
Joshua Bachrach (Partner-Philadelphia, PA) will present “Recent Developments on Equitable Relief Under ERISA” at the 2026 DRI Life, Health, Disability & ERISA Seminar, held April 29 – May 1, 2026, in Atlanta, Georgia. Josh’s session provides a brief review of relevant Supreme Court decisions and covers various topics, such as whether surcharge is a permissible remedy under ERISA, use of Section 502(a)(3) to recover attorney’s fees, and the applicability of the exhaustion requirement. Josh, who has handled several hundred ERISA cases nationwide, also addresses breach of fiduciary duty claims and equitable relief remedies at this preeminent seminar for in-house and outside counsel regularly practicing in the life, health, disability, and ERISA areas.
Read more
Client Wins
Brinker and Heydari Secure Summary Judgment in Legal Malpractice Case
Craig Brinker (Partner–Dallas, TX) and Meina Heydari (Associate–Washington, D.C.) obtained dismissal of a legal malpractice and gross negligence case in the 401st District Court of Collin County, on behalf of Wilson Elser’s clients, a law firm and two attorneys. Our clients had represented the plaintiff in an earlier child custody case. The pro se plaintiff alleged that in the underlying matter, the attorneys failed to adequately represent her during a contested temporary orders hearing in a Suit Affecting the Parent-Child Relationship (SAPCR) action involving custody and support issues concerning her minor son, and sought actual and exemplary damages. Craig and Meina filed a no-evidence motion for summary judgment under Texas Rule of Civil Procedure 166a(h)(3), arguing that because the plaintiff’s claims turned on her attorneys’ litigation strategy in a complex family-law proceeding, expert testimony was required to establish the breach and causation elements of her claims. They further argued that the plaintiff’s failure to designate any experts, despite receiving a thirty-day extension of the designation deadline, warranted dismissal. Craig and Meina also successfully opposed the plaintiff’s invocation of the “common knowledge” exception and request for additional discovery, establishing that the absence of expert testimony was a dispositive deficiency that further discovery could not cure. The court granted Wilson Elser’s motion and dismissed the plaintiff’s claims against all three defendants with prejudice.
Read more
Publications
Delay Defeats Arbitration: Nevada High Court Finds 17 Months Too Long
While arbitration clauses are ubiquitous in contracts, they are meaningless if the parties do not move quickly enough to enforce them. In Lennar Communities Nevada, LLC v. Whalen, the plaintiff executed a residential purchase and sale agreement that included an arbitration clause. She then tripped and fell within the community. She sued the developer, and the parties participated in extensive discovery. The developer did not attempt to enforce the arbitration clause for 17 months. While waiver is disfavored, the Supreme Court concluded that the three-factor test for waiver was satisfied. First, the developer knew of the waiver. Second, they acted inconsistently with the right to arbitrate by actively litigating the case in court for such a long time. The Court then introduced a new factor to the analysis. “[C]ourts should consider the totality of the circumstances when evaluating whether a party has already litigated an issue it subsequently seeks to arbitrate.” That factor was met too. The Court next considered whether not invoking the arbitration clause earlier prejudiced the plaintiff. It expressed doubt whether that factor was valid but did not overrule it. Regardless, prejudice was found because the developer was able to obtain discovery in court that typically is unavailable in arbitration. The opinion reiterates the importance of identifying potential arbitration clauses and deciding whether to invoke them as soon as possible.
Read more
Client Wins
Takacs and Rossi Defeat Claims Against Property Owner in Tenant Injury Lawsuit
Michael S. Takacs (Partner-Philadelphia, PA) and Andrew Rossi (Associate-Philadelphia, PA) prevailed on a motion for summary judgment in the Court of Common Pleas, Philadelphia County, Pennsylvania, on behalf of Wilson Elser’s client, a property owner/landlord. The plaintiff, a tenant at the client’s apartment complex, allegedly sustained a forehead laceration, concussion, post-concussion syndrome, and injuries to her neck after striking her forehead on a dumpster’s trunnion bar while taking out her trash. She claimed the trunnion bar, which a truck uses to lift the dumpster during emptying, was a dangerous condition because it “sticks out inconspicuously” and lacked warnings or contrasting paint to make it more visible. The codefendant waste management company supplied and serviced the dumpster under a customer service agreement with our client, retained ownership, and specifically prohibited the client from altering it. The plaintiff, who had lived at the property for more than a year, admitted to using the dumpster at least weekly to dispose of her trash. Michael and Andrew moved for summary judgment, asserting that the client neither owed nor breached a legal duty of care to protect the plaintiff where the alleged condition of the trunnion bar was open, obvious, and readily visible on equipment the client did not own or control. The court entered summary judgment on behalf of the client, dismissing all claims and crossclaims.
Read more
Events
Lawyers' Obligations with Respect to Confidentiality at Stanford Law School’s Civil Litigation Symposium
Kathleen Warin (Partner-Washington, DC) will join the panel “Lawyers’ Obligations with Respect to Confidentiality” at the Secrecy and Transparency in Civil Litigation Symposium, held on May 1-2, 2026, at Stanford Law School in Palo Alto, California. The event, hosted by the Deborah L. Rhode Center on the Legal Profession at Stanford Law School and the National Civil Justice Institute, marks Kathleen's second time as an invited panelist at Stanford. Kathleen’s panel examines where lawyers’ duties to their clients intersect, and possibly conflict with, obligations to the public and the courts, particularly in the context of protective orders, settlements, and other forms of confidentiality in civil litigation. The symposium explores the legal and policy dimensions of confidentiality and transparency, highlighting how courts, litigants, and policymakers are navigating this balance and the tradeoffs involved.
Read more
Publications
Westlaw Today Features Fink Article on Shifting Landscape of Internet Liability & Safe Harbor Protections
Sarah Fink (Of Counsel-Long Island, NY) authored “Mixed Signals on the Free Flow of information Online – One Step Forward, Two Steps Back,” appearing in the April 21, 2026, posting of Westlaw Today. The article examines three recent court decisions that send mixed signals on the future of internet liability and statutory safe harbor defenses, highlighting a Supreme Court ruling that reinforces protections for online service providers and encourages the free flow of information, alongside two state court rulings (California and New Mexico) that expand potential liability for social media platforms, holding that they can be held liable for harm caused by addiction to social media. Sarah opines, “Together, these three decisions highlight the tension between First Amendment speech rights, statutory safe harbors, public safety online, and recourse for harms, such as mental health deterioration and copyright infringement.” She further explains that the cases “also demonstrate that the traditional statutory safe harbors for internet actors may be circumvented by creative pleading and litigation tactics, leading to questions about their continued relevance.”
Read more
News
Super Lawyers Names Three to 2026 Virginia Rising Stars List
Super Lawyers® has named three Wilson Elser attorneys to the 2026 Virginia Rising Stars™ list: Rising Stars Natalie B. Jacobs (Associate) – Professional Liability: Defense Haley B. Mathis (Of Counsel) – Business Litigation Hariton J. Wilson (Associate) – Civil Litigation: Defense 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 40 years old 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
News
Wilson Elser Expands Design Professionals and Construction Practices with New Denver Partner
New York – April 20, 2026 – National law firm Wilson Elser today announced the addition of Elizabeth Olson as a partner in its Denver office, strengthening the firm's Design Professionals and Construction practices. Olson joins Wilson Elser from a regional litigation firm focused on tort and commercial litigation, bringing more than a decade of experience successfully defending complex construction, design professional, and commercial matters across various jurisdictions. “For 15 years, Wilson Elser’s Denver office has offered full-service legal support for clients in the Rocky Mountain region,” said Wilson Elser Chair Daniel J. McMahon. "Elizabeth's arrival deepens our bench in critical practice areas and reflects our continued investment in attracting top-tier talent to serve our clients." “Elizabeth’s hiring enhances our existing practices in Denver,” said Jason Melichar, regional managing partner of Wilson Elser’s Denver office. “She will work closely with Ryan Williams, our Denver-based cochair of the firm’s Design Professionals Practice, in defending architects and engineers in construction defect matters.” Olson noted that her decision to join the firm was informed by firsthand experience litigating cases opposite Wilson Elser's Denver attorneys. “The firm has an outstanding reputation in the civil litigation defense community, and I am confident that its robust platform and resources will serve my clients exceptionally well," she said. Olson's practice encompasses a broad range of civil defense matters, including construction and design professional liability, premises liability, general casualty, contract disputes, commercial litigation, product liability, and transportation. She has represented clients in state and federal courts in Colorado and Arizona. Olson earned her J.D. from Arizona State University's Sandra Day O'Connor College of Law and her B.A. in Economics and Ancient Mediterranean Civilizations from Rice University.
Read more
Publications
New York’s AVOID Act Imposes 90-Day Deadline for Third-Party Claims
The New York Avoiding Vexatious Overuse of Impleading to Delay (AVOID) Act became effective on April 18, 2026, establishing new deadlines for third-party complaints. Under this Act, a third-party plaintiff must file their complaint within 90 days of serving the initial answer pursuant to CPLR § 1007(b).1 Any third-party complaint against a plaintiff’s employer, however, must be filed within 90 days of the later of (1) discovering the employer’s identity; or (2) determining that the plaintiff sustained a “grave injury” as defined by Section 11 of the Workers’ Compensation Law. CPLR § 1007(e).2 The Act prohibits filing a third-party complaint after the note of issue unless upon good cause shown or in the interest of justice. CPLR § 1007(c).3 A third-party action filed in violation of this subdivision shall be severed or dismissed without prejudice. CPLR § 1007(d).4 Any severed actions that are initiated as new actions cannot then be consolidated. CPLR § 1007(f).5 Regarding retroactivity: an amendment clarifies that the Act applies to all cases commenced on or after the April 18, 2026 effective date.6 Be advised that as of April 16, 2026, the New York State website has not yet integrated this amendment into the statutory text.7 Lexis captures this update in the editor’s notes,8 and Westlaw includes it within the proposed legislation section.9 ____________________________________________________________________________________ 1 https://www.nysenate.gov/legislation/laws/CVP/1007  2 https://www.nysenate.gov/legislation/laws/CVP/1007  3 https://www.nysenate.gov/legislation/laws/CVP/1007  4 https://www.nysenate.gov/legislation/laws/CVP/1007  5 https://www.nysenate.gov/legislation/laws/CVP/1007  6 https://www.nysenate.gov/legislation/bills/2025/S8809  7 https://www.nysenate.gov/legislation/laws/CVP/1007  8 2026 N.Y. ALS 79 ; 2026 N.Y. Laws 79 ; 2026 N.Y. Ch. 79 ; 2026 N.Y. SB 8809 9 https://1.next.westlaw.com/Document/NFE11DA10E4E211F0AA39CB673CF36EC6/View/FullText.html?navigationPath=Search/v1/results/navigation/i0a93b86c0000019d9c1ba0e5c3a0e723?ppcid=44f5a950322a4255ae42b3e5a5e57b22&Nav=MULTIPLECITATIONS&fragmentIdentifier=NFE11DA10E4E211F0AA39CB673CF36EC6&parentRank=0&startIndex=1&contextData=%28sc.Search%29&transitionType=UniqueDocItem&listSource=Search&listPageSource=781efccd7c647a1b5673e671cb33d842&list=MULTIPLECITATIONS&sessionScopeId=a4a94ca7e43970d7bb6b9036b5ab4e414796eb2f36e0a800dc47d1459a582deb&ppcid=44f5a950322a4255ae42b3e5a5e57b22&originationContext=NonUniqueFindSelected&transitionType=UniqueDocItem&contextData=(sc.Search)
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Events
ANSI Standards in Product Liability Litigation: Admissibility, Strategic Use, and Practical Risk Management
Andrew Albright (Partner-Chicago) and Keti Mebuke (Associate-Chicago) will present the Wilson Elser Forum webinar “ANSI Standards in Product Liability Litigation: Admissibility, Strategic Use, and Practical Risk Management” on April 30, 2026. The webinar examines how courts treat voluntary industry safety standards in product liability cases, including their admissibility at trial and how these standards are used by experts to evaluate product design and safety. Using a revolving-door injury case by way of example, the webinar will discuss how ANSI standards (including ANSI/BHMA A156.27, governing power-operated revolving doors) are applied in product liability litigation. The session will also review relevant case law, including Illinois authority, addressing the admissibility and evidentiary role of industry standards. The webinar is designed for attorneys, claims professionals, and risk managers who handle product liability matters and seek a practical understanding of how ANSI standards influence trial, expert testimony, litigation strategy, and risk management.
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Events
Recent Developments on Equitable Relief Under ERISA
Joshua Bachrach (Partner-Philadelphia, PA) will present “Recent Developments on Equitable Relief Under ERISA” at the 2026 DRI Life, Health, Disability & ERISA Seminar, held April 29 – May 1, 2026, in Atlanta, Georgia. Josh’s session provides a brief review of relevant Supreme Court decisions and covers various topics, such as whether surcharge is a permissible remedy under ERISA, use of Section 502(a)(3) to recover attorney’s fees, and the applicability of the exhaustion requirement. Josh, who has handled several hundred ERISA cases nationwide, also addresses breach of fiduciary duty claims and equitable relief remedies at this preeminent seminar for in-house and outside counsel regularly practicing in the life, health, disability, and ERISA areas.
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Client Wins
Brinker and Heydari Secure Summary Judgment in Legal Malpractice Case
Craig Brinker (Partner–Dallas, TX) and Meina Heydari (Associate–Washington, D.C.) obtained dismissal of a legal malpractice and gross negligence case in the 401st District Court of Collin County, on behalf of Wilson Elser’s clients, a law firm and two attorneys. Our clients had represented the plaintiff in an earlier child custody case. The pro se plaintiff alleged that in the underlying matter, the attorneys failed to adequately represent her during a contested temporary orders hearing in a Suit Affecting the Parent-Child Relationship (SAPCR) action involving custody and support issues concerning her minor son, and sought actual and exemplary damages. Craig and Meina filed a no-evidence motion for summary judgment under Texas Rule of Civil Procedure 166a(h)(3), arguing that because the plaintiff’s claims turned on her attorneys’ litigation strategy in a complex family-law proceeding, expert testimony was required to establish the breach and causation elements of her claims. They further argued that the plaintiff’s failure to designate any experts, despite receiving a thirty-day extension of the designation deadline, warranted dismissal. Craig and Meina also successfully opposed the plaintiff’s invocation of the “common knowledge” exception and request for additional discovery, establishing that the absence of expert testimony was a dispositive deficiency that further discovery could not cure. The court granted Wilson Elser’s motion and dismissed the plaintiff’s claims against all three defendants with prejudice.
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Publications
Delay Defeats Arbitration: Nevada High Court Finds 17 Months Too Long
While arbitration clauses are ubiquitous in contracts, they are meaningless if the parties do not move quickly enough to enforce them. In Lennar Communities Nevada, LLC v. Whalen, the plaintiff executed a residential purchase and sale agreement that included an arbitration clause. She then tripped and fell within the community. She sued the developer, and the parties participated in extensive discovery. The developer did not attempt to enforce the arbitration clause for 17 months. While waiver is disfavored, the Supreme Court concluded that the three-factor test for waiver was satisfied. First, the developer knew of the waiver. Second, they acted inconsistently with the right to arbitrate by actively litigating the case in court for such a long time. The Court then introduced a new factor to the analysis. “[C]ourts should consider the totality of the circumstances when evaluating whether a party has already litigated an issue it subsequently seeks to arbitrate.” That factor was met too. The Court next considered whether not invoking the arbitration clause earlier prejudiced the plaintiff. It expressed doubt whether that factor was valid but did not overrule it. Regardless, prejudice was found because the developer was able to obtain discovery in court that typically is unavailable in arbitration. The opinion reiterates the importance of identifying potential arbitration clauses and deciding whether to invoke them as soon as possible.
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Client Wins
Takacs and Rossi Defeat Claims Against Property Owner in Tenant Injury Lawsuit
Michael S. Takacs (Partner-Philadelphia, PA) and Andrew Rossi (Associate-Philadelphia, PA) prevailed on a motion for summary judgment in the Court of Common Pleas, Philadelphia County, Pennsylvania, on behalf of Wilson Elser’s client, a property owner/landlord. The plaintiff, a tenant at the client’s apartment complex, allegedly sustained a forehead laceration, concussion, post-concussion syndrome, and injuries to her neck after striking her forehead on a dumpster’s trunnion bar while taking out her trash. She claimed the trunnion bar, which a truck uses to lift the dumpster during emptying, was a dangerous condition because it “sticks out inconspicuously” and lacked warnings or contrasting paint to make it more visible. The codefendant waste management company supplied and serviced the dumpster under a customer service agreement with our client, retained ownership, and specifically prohibited the client from altering it. The plaintiff, who had lived at the property for more than a year, admitted to using the dumpster at least weekly to dispose of her trash. Michael and Andrew moved for summary judgment, asserting that the client neither owed nor breached a legal duty of care to protect the plaintiff where the alleged condition of the trunnion bar was open, obvious, and readily visible on equipment the client did not own or control. The court entered summary judgment on behalf of the client, dismissing all claims and crossclaims.
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Events
Lawyers' Obligations with Respect to Confidentiality at Stanford Law School’s Civil Litigation Symposium
Kathleen Warin (Partner-Washington, DC) will join the panel “Lawyers’ Obligations with Respect to Confidentiality” at the Secrecy and Transparency in Civil Litigation Symposium, held on May 1-2, 2026, at Stanford Law School in Palo Alto, California. The event, hosted by the Deborah L. Rhode Center on the Legal Profession at Stanford Law School and the National Civil Justice Institute, marks Kathleen's second time as an invited panelist at Stanford. Kathleen’s panel examines where lawyers’ duties to their clients intersect, and possibly conflict with, obligations to the public and the courts, particularly in the context of protective orders, settlements, and other forms of confidentiality in civil litigation. The symposium explores the legal and policy dimensions of confidentiality and transparency, highlighting how courts, litigants, and policymakers are navigating this balance and the tradeoffs involved.
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