David J. Finucane

Thomas Holmgren (Of Counsel-New York, NY) is among five members of the Hartwick College community selected to receive a 2026 Alumni Award. A member of the Hartwick Class of 2013, Thomas has been named the Alumni Association’s Outstanding Recent Alumnus, recognizing graduates who have demonstrated outstanding and sustained volunteer service to the College.   Thomas was recognized for his extraordinary leadership, perhaps best exemplified by the College’s Moot Court Competition, which he created, directed, and funded. He personally developed the constitutional law cases used in the competition, coordinated multiple rounds of oral arguments, recruited and organized dozens of Hartwick alumni attorneys to serve as judges, and traveled to campus to participate in the final rounds. As one nominator aptly observed, Thomas “has remained deeply committed to giving back to Hartwick and creating opportunities for the next generation of students.” Through the competition, Hartwick students gain invaluable experience in legal analysis, persuasive advocacy, critical thinking, and public speaking. As the College proudly noted in its awards press release, Thomas “has created a legacy that continues to enrich both our students and broader community.”

Although challenged by an injunction filed on August 20, 2026, by a coalition of 17 states, California’s SB 54 Plastic Pollution Prevention and Packaging Producer Responsibility Act is now in effect, and companies that sell, distribute, import, or ship packaged products into California should be evaluating whether they have compliance obligations. SB 54 creates an extended producer responsibility (EPR) program for single-use packaging and single-use plastic food service ware, shifting end-of-life management costs from local governments and taxpayers to covered “producers.” The final implementing regulations took effect on May 1, 2026. The law is particularly important for consumer brands, retail and e-commerce companies, apparel and footwear companies, food and beverage businesses, food-service companies, private-label sellers, distributors, importers, and any business shipping packaged goods into California or other states with packaging EPR laws. What Is SB 54? SB 54 establishes a statewide EPR program for “covered material,” which generally includes two categories: 1. Single-use packaging—materials used to contain, protect, handle, deliver, or present goods, such as product packaging, display or grouped packaging, and transport packaging 2. Single-use plastic food service ware—plastic food-service items such, as trays, plates, bowls, clamshells, lids, cups, utensils, straws, and certain wraps or bags used by food-service establishments. The “producer” definition is broad. It can reach brand or trademark owners, licensees, and, if those entities are not in California, sellers or distributors placing products using covered material into California. Out-of-state and e-commerce sellers may, therefore, be within the statute’s scope when products are delivered to California purchasers. SB 54’s key targets phase in over the following dates: January 1, 2027: Producers must achieve a 10 percent reduction in single-use plastic packaging. January 1, 2028: Producers must achieve a 30 percent recycling rate for plastic covered material. January 1, 2030: Producers must achieve a 20 percent reduction in single-use plastic packaging, and plastic materials must meet a 40 percent recycling rate. January 1, 2032: Full compliance goals take effect: single-use plastic packaging and food service ware must see a 25 percent source reduction, achieve a 65 percent recycling rate, and 100 percent of single-use packaging sold must be fully recyclable or compostable. The first major compliance checkpoint has already passed: producers were required by June 1, 2026, to join Circular Action Alliance (CAA), register with CalRecycle as an independent producer, or apply for the small-producer exemption. CAA is California’s first approved producer responsibility organization, and program implementation is targeted to begin on or before January 1, 2027. What Does This Mean for Businesses? Companies should not assume SB 54 applies only to packaging manufacturers. The law can reach businesses that sell finished products in covered packaging, private-label sellers, online sellers, distributors, and importers depending on where the relevant brand owner, licensee, seller, or distributor sits in the chain. For potentially covered companies, the practical compliance burden is data-driven. Businesses will need to understand what packaging they place into the California market, who is responsible for reporting it, how the packaging is categorized, whether any exemptions apply, and how California obligations coordinate with other state packaging EPR programs. The small-producer exemption generally applies to entities with less than $1 million in California gross sales, but producers still must register or apply, and CalRecycle may deny the exemption if it would impair compliance for a covered material category. EPS food service ware is already a live issue because the required 25 percent recycling-rate threshold has not been met, meaning producers are prohibited from selling, offering for sale, distributing, or importing EPS food service ware into California. Companies making “recyclable” claims also should evaluate California SB 343 because SB 54’s recyclability framework is tied to California’s “Truth in Recycling” criteria. Noncompliance can carry penalties of up to $50,000 per day per violation. Impact on Small and Emerging Businesses A byproduct of the internet age is that many companies can be formed with very little legal governance and compliance infrastructure. Yet these producers and sellers are still subject to the law. With many companies and individuals starting businesses on Etsy, TikTok Shop, Instagram, and other digital platforms, depending on whether they do well, they can find themselves squarely impacted by SB 54’s requirements. The scope of potential impact is significant. CalRecycle’s Regulatory Impact Assessment estimates that the regulations will directly affect 5,741 regulated producers (i.e., those with annual gross sales of $1 million or greater) and 7,874 small producers eligible for exemption. An additional 546,269 non-regulated businesses—including retailers, wholesalers, and restaurants—will be indirectly affected. Platform sellers are particularly vulnerable. According to Business of Apps, Etsy alone has approximately 8.7 million active sellers globally, with the majority based in the United States. TikTok Shop has over 500,000 U.S. merchants registered. Many of these sellers ship packaged goods to California customers and may not be aware of their SB 54 obligations. These sellers typically lack in-house legal counsel and may not be monitoring California regulatory developments. The small-producer exemption does not eliminate obligations. Producers with less than $1 million in California gross sales may qualify for the small-producer exemption, but this exemption is not self-executing. Even exempt producers must register with CalRecycle and substantiate their eligibility. CalRecycle retains the authority to deny the exemption if it would impair compliance for a covered material category. Moreover, the exemption does not relieve producers of the obligation to ensure their packaging is recyclable or compostable by 2032. For small businesses and platform sellers, key action items include: Determine whether you are a “producer” under SB 54 based on the packaging used to ship your products to California customers. If you qualify as a small producer, register with CalRecycle and apply for the exemption. Failure to do so may result in enforcement action. Begin evaluating your packaging materials for recyclability and compostability, as the 2032 requirements will apply regardless of producer size. Monitor whether the platforms on which you sell (e.g., Etsy, TikTok Shop, Amazon) implement compliance mechanisms that may cover their sellers. Litigation and Regulatory Uncertainty SB 54 and related California packaging laws are subject to significant litigation and regulatory uncertainty. Companies should monitor developments in such actions, which include: NRDC and Californians Against Waste v. CalRecycle In June 2026, NRDC, Californians Against Waste Foundation and Oceana, Inc. formally filed a lawsuit challenging CalRecycle’s final implementing regulations, arguing that CalRecycle created unlawful loopholes exempting certain plastic packaging and allowing “polluting technologies,” such as chemical recycling to count toward recycling targets. The petitioners claim that the final regulations are “invalid because or to the extent they are inconsistent with the Plastic Pollution Prevention and Packaging Producer Responsibility Act,” and “that they are arbitrary and capricious, and without rational basis.” This challenge could result in modifications to the regulatory framework and affect how producers demonstrate compliance. SB 343 Preliminary Injunction On July 14, 2026, the U.S. District Court for the Southern District of California issued a preliminary injunction blocking enforcement of SB 343, California’s “Truth-in-Recycling” law, in California League of Food Producers et al. v. Bonta, Case No. 3:26-cv-01675 (S.D. Cal.). The court found that the plaintiffs—a coalition of 18 trade organizations—were likely to succeed on claims that: (a) certain SB 343 requirements are unconstitutionally vague under the Fourteenth Amendment, and (b) the law’s restrictions violate the First Amendment because the state failed to demonstrate the restrictions would materially advance its interests. Multi-State Challenge to SB 54 A separate lawsuit has been filed by 17 states, including the National Association of Wholesaler-Distributors as the sole business plaintiff, challenging SB 54 itself on Dormant Commerce Clause, Free Speech, and Due Process grounds. This challenge contends that SB 54 impermissibly regulates interstate commerce and imposes burdens on out-of-state producers that exceed California’s legitimate regulatory authority. On August 20, 2026, the 17-state coalition filed a motion for a preliminary injunction, asking the U.S. District Court for the Eastern District of California to block enforcement of SB 54 while the coalition’s challenge proceeds. If successful, this challenge could invalidate or substantially modify SB 54’s application to out-of-state companies. Practical Implications Despite this litigation, companies should not delay compliance efforts. Preliminary injunctions can be reversed, and SB 54’s registration and reporting deadlines remain in effect unless separately enjoined. Moreover, while the suspension of SB 343 is significant, it does not limit the legal risks associated with other recyclability claims, and companies making representations should continue to evaluate their exposure under California’s false advertising statutes, the Federal Trade Commission’s’ (FTC) Green Guides, and consumer class-action litigation challenging environmental marketing claims. Companies should continue to monitor the legal developments and the adjacent statutes and consult counsel regarding the implications for their specific compliance strategies. Other States to Watch California is part of a broader state-packaging EPR trend. Several other states—including Colorado, Maine, Oregon, Minnesota, Maryland, and Washington—have enacted packaging EPR programs, with additional proposals and adjacent measures continuing to emerge. This remains a rapidly developing area, and companies should monitor additional state legislation. For companies operating nationally, the key issue is harmonization: each state may use different definitions, registration timelines, reporting requirements, fee structures, and exemptions. A packaging data system built only for California may not be sufficient for multi-state compliance. Recommended Next Steps Confirm whether your organization is a “producer” under SB 54 and, if so, verify that registration obligations have been met. Audit your packaging portfolio to identify covered materials and determine recyclability status under current California standards. Assess the impact of the SB 343 preliminary injunction on your recyclability determinations and labeling practices. Monitor the pending multi-state challenge and the NRDC lawsuit for developments that may affect the regulatory framework. Evaluate whether your California compliance systems can scale to address emerging packaging EPR requirements in other states. Consider engaging legal counsel to develop a coordinated multi-state compliance strategy. * * * This client alert is for informational purposes only and does not constitute legal advice. Companies should consult with legal counsel regarding their specific compliance obligations under SB 54 and related state packaging EPR programs.

Kimberly E. Blair (Partner-Chicago) and Maxwell L. Billek (Partner-Madison, NJ) will present the Wilson Elser Forum webinar “Emerging Trends and Landmark Decisions in Lawyer’s Liability” on September 14, 2026. This program provides claims professionals, underwriters, and attorneys with updates on emerging trends, risk factors, and recent landmark decisions affecting lawyers’ liability and legal malpractice exposure. Kim and Max examine developing malpractice risks associated with generative AI, the growth of transactional malpractice claims, the impact of third-party litigation funding on claim resolution, and the continuing significance of conflicts of interest as a leading source of professional liability. Recent case law on vicarious liability, fee-sharing and ethics obligations, proximate causation standards, fiduciary duties in settlement communications, and litigation privilege are also addressed. By the end of the presentation, participants will be better equipped to identify evolving malpractice risks, understand current legal standards governing professional liability, and implement practical risk-management strategies in their practices.

Gutierrez-Zacatenco v. Herrera was an admitted-liability rear-end motor vehicle accident that was tried and produced a $5.5 million-plus judgment. Nevada’s Supreme Court vacated that judgment and remanded the case for a new trial because the district court improperly excluded medical records from a similar spinal injury Herrera sustained in another motor vehicle accident just two years earlier. During discovery, Herrera produced those records. The defense medical experts reviewed and relied upon them to conclude that her medical complaints were related to the earlier accident. At trial, Herrera moved to exclude the earlier records, arguing that the defense: (1) could not authenticate them and (2) did not include them in mandatory pretrial disclosures. The Supreme Court reversed. First, the district court erred by concluding the records were not authenticated. The district court ruled that the defense had not authenticated them via NRS 52.325. The Supreme Court concluded this was erroneous because NRS 52.325 applies only to medical records obtained via subpoena. The defendant had not obtained the records via subpoena, so NRS 52.325 was inapplicable. Instead, the authentication requirements of NRS 52.015 applied, and the records met those requirements. First, Herrera had produced the records herself and did not dispute that they accurately reflected medical care she received two years before the subject accident. The documents also bore markings giving the indicia of authenticity. Finally, a custodian of records affidavit confirmed their authenticity. Herrera asserted the records were properly excluded because the record of her final treatment date was missing, but she created this problem. As the Court noted, “Herrera produced an incomplete copy of her 2017 medical records in discovery, then parlayed that incomplete disclosure into an exclusionary ruling that advantaged her.” The missing record was relevant to weight, but it did not render the produced records inauthentic. Second, the district court alternatively excluded the records because the defendant had not adequately designated them under NRCP 16.1(a)(1). The Supreme Court disagreed, holding that NRCP 16.1(a)(1) “does not require [a] party to identify records that they only obtained through the opposing party’s discovery production.” The Supreme Court agreed with the district court that the defendant’s “broad, catchall descriptions” in a pretrial disclosure did not satisfy NRCP 16.1(a)(3). However, this error was harmless. Herrera was aware throughout the case that the defense relied upon the 2017 medical records, which provided sufficient notice. Ultimately, excluding the 2017 medical records affected the defendant’s substantial rights because a different result might reasonably have been reached had the records been admitted. Accordingly, the case was remanded for a new trial. Key Takeaways Although Gutierrez-Zacatenco may appear to be a dry, technical decision, its core concepts are fundamental to nearly any case: What documentation do you have, and can you authenticate it? Even the strongest defense—that the plaintiff sustained the same injury two years earlier—is worthless if the supporting evidence cannot be authenticated and admitted at trial.

A defendant’s ability to obtain a psychological examination of a personal injury plaintiff alleging a psychological injury has been under attack in Nevada since 2018. Nevada’s Supreme Court has now decided the latest battle, Davis v. Dist. Ct., 142 Adv. Op. 58 (2026). The plaintiff in Davis alleged physical and psychological injuries. The defendant retained a local neuropsychologist to perform a neuropsychological evaluation. The plaintiff then requested the examiner produce the raw testing data generated during the evaluation, and the court ordered the examiner to produce the data to the plaintiff’s psychological expert and plaintiff’s counsel. The defendant and the examiner produced the data to the psychological expert, but not counsel. They asserted NAC 641.234(3) barred disclosing it to counsel. The Supreme Court disagreed, concluding NAC 641.234(3) “cannot direct the district court’s discovery decisions.” If a court orders the raw testing data produced under a protective order and the psychologist declines to produce it per NAC 641.234(3), then the psychologist risks exclusion from trial. This ruling may significantly complicate psychological examinations in Nevada. Nevada-licensed psychologists are bound by NAC 641.234(3), regardless of their status as a treater or forensic examiner. Davis may place both sides in an impossible conundrum in that defense counsel will want the treater’s raw data just as the plaintiff’s counsel will want the forensic examiner’s raw data. Yet NAC 641.234(3) bars both the treater and the examiner from producing it. Nevada’s psychological community has submitted public comments to the legislature noting the risks from public disclosure of the information. Psychological professional organizations have repeatedly adopted codes concerning testing security. Davis places psychologists with the choice to either comply with a court order and violate their professional obligations or comply with their professional obligations and risk being excluded from trial. The number of psychologists willing to perform forensic examinations, whether for a plaintiff or defendant, seemed to drop after the Powers decision earlier in 2026. That pool may shrink further after Davis. The best hope for a compromise that allows all sides access to the data they need to litigate a case while protecting testing security might be action from the Nevada legislature during the 2027 general session.

Jesse Endler (Of Counsel-Philadelphia, PA) and Christopher Flanagan (Partner-Boston, MA) prevailed on summary judgment in the New Jersey Superior Court, Atlantic County, on behalf of Wilson Elser’s insurance company client in a first-party coverage action. The insured sought damages estimated at more than $100,000 for alleged breach of contract and bad faith arising from the client’s denial of coverage for the sudden collapse of the rear wall of its residential property. The collapse caused the rear wall to shift downward 12 to 18 inches, requiring the wall and several stories of decks to be removed and rebuilt. An investigation determined that the residence’s sill plate and framing had sustained prolonged, hidden water intrusion and trapped moisture, resulting in extensive rot, decay, disintegration, and deterioration. The insured admitted, as corroborated by experts for both sides, that the water infiltration had been ongoing for several years ‒ predating both the policy’s inception and the insured’s purchase of the property. Our client denied coverage under policy exclusions for collapse caused by decay and rot and for pre-existing damage. Following discovery, Wilson Elser moved for summary judgment, arguing that the policy language was clear and unambiguous and that under the normal usage of its terms, the policy did not provide coverage for the loss. Chris and Jesse further argued that the client could not have acted in bad faith because its denial was based on the policy’s clear language. The insured countered that the policy language was confusing, provided illusory coverage, and required coverage for the loss, and further alleged that the insurer had acted in bad faith. Following oral argument, the court agreed that the policy language was clear and unambiguous and that the loss was not covered. Because there was no coverage, the court concluded that the bad faith claim could not succeed and granted summary judgment in favor of Wilson Elser’s client, dismissing the case.

Jonathan Meer (Partner-New York, NY) and Angela Sekerka (Of Counsel-New York, NY) will present the Wilson Elser Forum webinar “The Shifting Landscape of Fair Housing Law” on September 10, 2026. This webinar will provide a comprehensive overview of the ever-changing landscape of fair housing law, beginning with the foundation of the Fair Housing Act and the key issues involving fair housing discrimination nationwide. The Department of Housing and Urban Development (HUD) has been reworking its guidance across a range of fair housing issues, requiring providers to comply with new standards. As the new administration’s priorities continue to drive these changes, this presentation will explore how compliance with fair housing law is a moving target. It will examine challenges to what is considered reasonable accommodation and the use of criminal background checks in housing decisions. Additionally, the presentation will offer insight into emerging legislation on algorithmic rent-setting and source-of-income discrimination. The session will conclude with guidance on how providers should approach their housing policies and navigate the fluctuating laws of fair housing. 

Lawrence Lee Washburn, IV (Partner-Atlanta, GA) and J. Chad Capers (Associate-Atlanta, GA) obtained summary judgment in the U.S District Court, Northern District of Georgia, on behalf of Wilson Elser’s client, a security services provider. The client operated a sophisticated pedestrian access-control system that included an interlocked gate arm at the crosswalk leading to the entrance to a brewery plant where the plaintiff worked. As the plaintiff approached the gate, the client's employee activated the system, causing the gate arm to lower and restricting pedestrian access to the crosswalk. Despite the system’s visual and audible warnings, the plaintiff attempted to pass underneath the lowering arm, which struck him and knocked him to the ground, causing injury. The plaintiff sued the client, alleging negligent operation of the gate system. Lee and Chad obtained the factory's surveillance video via non-party discovery. They used it to obtain admissions from the plaintiff during his deposition, thereby demonstrating that the plaintiff was the sole cause of the accident and that the client had no legal liability. The court agreed, granting Wilson Elser’s motion for summary judgment on all claims.

Only the top 5.3 percent of all practicing lawyers in the nation are selected by their peers for inclusion on The Best Lawyers in America® list. This year, 123 Wilson Elser attorneys were so honored: Birmingham, AL David Hall – Partner David A. Lee ‒ Of Counsel William L. Waudby – Partner Phoenix, AZ Brian Cieniawski – Of Counsel  Los Angeles, CA E. Paul Dougherty Jr. – Partner David S. Eisen – Senior Counsel Diana M. Estrada – Partner William Tolin Gay – Of Counsel Linda Tai Hoshide – Partner Gregory K. Lee – Partner David M. Morrow – Partner Michelle R. Press – Partner David Simantob – Partner Tae S. Um – Partner San Diego, CA Carole J. Buckner – Partner Bruno W. Katz – Partner Patrick J. Kearns – Partner Michael P. McCloskey – Senior Counsel San Francisco, CA William M. Hake – Senior Counsel John H. Podesta – Partner Julie A. Torres – Partner Yakov P. Wiegmann – Partner Denver, CO Emily L. P. Aguero – Partner Jason D. Melichar – Partner Ryan A. Williams – Partner Jane E. Young – Partner  Christopher D. Yvars – Partner Stamford, CT Stephen P. Brown ‒ Partner Douglas M. Connors ‒ Partner Eric W.F. Niederer ‒ Partner Washington, D.C. Robert W. Goodson – Senior Counsel Catherine A. Hanrahan – Partner  Miami, FL  Alan Fiedel – Partner Tanya I. Suarez – Partner Gustavo A. Martinez Tristani – Partner Orlando, FL John Y. Benford – Partner Alicia M. Caridi – Of Counsel Jaime B. Eagan – Of Counsel Nicholas D. Freeman – Partner James M. Kloss – Partner  Leia Leitner – Of Counsel Sean M. McDonough – Partner  Noelle K. Sheehan – Partner  Tampa, FL Michelle Sabin – Of Counsel  Atlanta, GA Vonnetta L. Benjamin – Of Counsel  Allison M. Escott ‒ Of Counsel Matthew Foree – Of Counsel  Parks K. Stone – Partner Chicago, IL  Andrew J. Albright – Partner Michael J. Duffy – Partner Melissa A. Murphy-Petros – Of Counsel Indianapolis, IN Jarrod A. Malone – Partner Louisville, KY James M. Burd – Partner Scott A. Davidson – Of Counsel  Marcia L. Pearson – Partner  Christopher M. Piekarski – Of Counsel  Lynsie Gaddis Rust – Partner  New Orleans, LA Michael Harowski – Partner  H. Jake Rodriguez – Partner Boston, MA  Christopher P. Flanagan – Partner Christine A. Knipper – Partner George C. Rockas – Partner Baltimore, MD Angela W. Russell – Partner  Detroit, MI William S. Cook – Partner Kevin M. Mulvaney – Partner  St. Louis, MO Carolyn M. Husmann – Of Counsel  Daniel E. Tranen – Partner  Jackson, MS John S. Graham – Of Counsel William M. Vines – Of Counsel Charlotte, NC Gerald A. Stein II – Of Counsel  Madison, NJ Maxwell L. Billek – Partner Anne M. Dalena – Of Counsel  Andrew M. Epstein – Partner Peter Espey ‒ Of Counsel Roger R. Gottilla – Senior Counsel  Joseph T. Hanlon – Partner Barbara Hopkinson Kelly – Partner Kurt W. Krauss – Partner William D. Lipkind – Partner  Carolyn F. O’Conner – Partner Joanna Piorek – Partner Thomas F. Quinn – Senior Counsel  James B. Sharp – Of Counsel Katherine E. Tammaro – Partner Sheila Tarabour – Partner Michael P. Turner – Senior Counsel  Mark P. Vespole – Partner  Las Vegas, NV Karen L. Bashor – Partner Michael Lowry – Partner  Sheri Thome – Partner Albany, NY Peter A. Lauricella – Partner Christopher Martin – Partner  New York, NY Jeffrey B. Araten – Partner Eugene T. Boulé – Partner Joseph L. Francoeur – Partner Allison R. Graffeo – Partner Robin N. Gregory – Senior Counsel  Ellen Greiper – Partner  Ashley V. Humphries – Partner  Paul Karp – Partner  Guy J. Levasseur – Partner Frances Malfa – Partner  Stuart A. Miller – Partner  Richard Ng – Partner Lois K. Ottombrino – Senior Counsel Jay A. Potter – Partner  Ricki E. Roer – Senior Counsel  Dov G. Sternberg – Partner Scott H. Stopnik – Partner White Plains, NY  Alan B. Friedberg – Senior Counsel  Michael F. Grady – Partner Jacqueline Hattar – Partner Patricia Lacy – Partner Philip Quaranta – Partner Thomas W. Tobin – Senior Counsel  Portland, OR Michael T. Belisle – Partner  Lloyd Bernstein – Partner  Matthew C. Casey – Of Counsel George S. Pitcher – Partner  Peder A. Rigsby – Partner  Philadelphia, PA  Brian F. Breen – Partner  John T. Donovan – Partner  William F. McDevitt – Partner  Kathleen D. Wilkinson – Senior Counsel  Dallas, TX Craig Brinker – Of Counsel  J. Price Collins – Partner  Ashley F. Gilmore ‒ Partner Jennafer G. Groswith ‒ Partner Stephani R. Johnson – Partner Jarad L. Kent – Partner  James S. Kiser – Of Counsel Jennifer Martin – Partner R. Douglas Noah, Jr. – Partner  Kimberly A. Wilson – Partner  Houston, TX  Kent M. Adams – Senior Counsel Christina C. Huston – Of Counsel Lori D. Proctor – Partner  John R. Sheppard – Partner  Colin S. Sherrod – Of Counsel  Ronald L. White – Of Counsel  McLean, VA Kathryn Anne Grace – Partner  Matthew W. Lee – Partner Peter M. Moore – Partner Jason R. Waters – Partner  Seattle, WA Nicole Brodie Jackson – Partner Erin P. Fraser – Partner E. Penn Gheen – Of Counsel Lorianne Conklin Hanson – Partner Rachel Tallon Reynolds – Partner Evelyn E. Winters – Partner Milwaukee, WI Sarah Fry Bruch – Of Counsel William J. Katt – Senior Counsel  John P. Loringer – Partner 

Peter C. Catalanotti (Partner-San Francisco), Joseph L. Francoeur (Partner-New York, NY), and Eve Mouzouris (Of Counsel-New York, NY) will present the Wilson Elser Forum webinar “Emerging Trends and Landmark Decisions: Insurer Brokers/Agents and Real Estate Professionals” on September 15, 2026. This webinar provides an overview of emerging professional liability trends affecting insurance agents, brokers, and real estate professionals, examining evolving fiduciary duty claims, expanding scope-of-work expectations, and growing exposure resulting from client expectation gaps in coverage procurement and placement decisions. Also discussed are emerging risks associated with the use of artificial intelligence in quoting, underwriting support, marketing, and property descriptions, as well as increased exposure tied to carrier insolvency and continued hardening of the insurance market. Participants will explore key developments in real estate professional negligence claims, including changes to commission and agency rules, increasing liability for AI-generated misinformation, ongoing nondisclosure and misrepresentation risks, growing antitrust and governance-related litigation affecting brokerages and MLS organizations, and recent case law shaping modern professional liability standards.

Kimberly E. Blair (Partner-Chicago) and Maxwell L. Billek (Partner-Madison, NJ) will present the Wilson Elser Forum webinar “Emerging Trends and Landmark Decisions in Lawyer’s Liability” on September 14, 2026. This program provides claims professionals, underwriters, and attorneys with updates on emerging trends, risk factors, and recent landmark decisions affecting lawyers’ liability and legal malpractice exposure. Kim and Max examine developing malpractice risks associated with generative AI, the growth of transactional malpractice claims, the impact of third-party litigation funding on claim resolution, and the continuing significance of conflicts of interest as a leading source of professional liability. Recent case law on vicarious liability, fee-sharing and ethics obligations, proximate causation standards, fiduciary duties in settlement communications, and litigation privilege are also addressed. By the end of the presentation, participants will be better equipped to identify evolving malpractice risks, understand current legal standards governing professional liability, and implement practical risk-management strategies in their practices.

Although challenged by an injunction filed on August 20, 2026, by a coalition of 17 states, California’s SB 54 Plastic Pollution Prevention and Packaging Producer Responsibility Act is now in effect, and companies that sell, distribute, import, or ship packaged products into California should be evaluating whether they have compliance obligations. SB 54 creates an extended producer responsibility (EPR) program for single-use packaging and single-use plastic food service ware, shifting end-of-life management costs from local governments and taxpayers to covered “producers.” The final implementing regulations took effect on May 1, 2026. The law is particularly important for consumer brands, retail and e-commerce companies, apparel and footwear companies, food and beverage businesses, food-service companies, private-label sellers, distributors, importers, and any business shipping packaged goods into California or other states with packaging EPR laws. What Is SB 54? SB 54 establishes a statewide EPR program for “covered material,” which generally includes two categories: 1. Single-use packaging—materials used to contain, protect, handle, deliver, or present goods, such as product packaging, display or grouped packaging, and transport packaging 2. Single-use plastic food service ware—plastic food-service items such, as trays, plates, bowls, clamshells, lids, cups, utensils, straws, and certain wraps or bags used by food-service establishments. The “producer” definition is broad. It can reach brand or trademark owners, licensees, and, if those entities are not in California, sellers or distributors placing products using covered material into California. Out-of-state and e-commerce sellers may, therefore, be within the statute’s scope when products are delivered to California purchasers. SB 54’s key targets phase in over the following dates: January 1, 2027: Producers must achieve a 10 percent reduction in single-use plastic packaging. January 1, 2028: Producers must achieve a 30 percent recycling rate for plastic covered material. January 1, 2030: Producers must achieve a 20 percent reduction in single-use plastic packaging, and plastic materials must meet a 40 percent recycling rate. January 1, 2032: Full compliance goals take effect: single-use plastic packaging and food service ware must see a 25 percent source reduction, achieve a 65 percent recycling rate, and 100 percent of single-use packaging sold must be fully recyclable or compostable. The first major compliance checkpoint has already passed: producers were required by June 1, 2026, to join Circular Action Alliance (CAA), register with CalRecycle as an independent producer, or apply for the small-producer exemption. CAA is California’s first approved producer responsibility organization, and program implementation is targeted to begin on or before January 1, 2027. What Does This Mean for Businesses? Companies should not assume SB 54 applies only to packaging manufacturers. The law can reach businesses that sell finished products in covered packaging, private-label sellers, online sellers, distributors, and importers depending on where the relevant brand owner, licensee, seller, or distributor sits in the chain. For potentially covered companies, the practical compliance burden is data-driven. Businesses will need to understand what packaging they place into the California market, who is responsible for reporting it, how the packaging is categorized, whether any exemptions apply, and how California obligations coordinate with other state packaging EPR programs. The small-producer exemption generally applies to entities with less than $1 million in California gross sales, but producers still must register or apply, and CalRecycle may deny the exemption if it would impair compliance for a covered material category. EPS food service ware is already a live issue because the required 25 percent recycling-rate threshold has not been met, meaning producers are prohibited from selling, offering for sale, distributing, or importing EPS food service ware into California. Companies making “recyclable” claims also should evaluate California SB 343 because SB 54’s recyclability framework is tied to California’s “Truth in Recycling” criteria. Noncompliance can carry penalties of up to $50,000 per day per violation. Impact on Small and Emerging Businesses A byproduct of the internet age is that many companies can be formed with very little legal governance and compliance infrastructure. Yet these producers and sellers are still subject to the law. With many companies and individuals starting businesses on Etsy, TikTok Shop, Instagram, and other digital platforms, depending on whether they do well, they can find themselves squarely impacted by SB 54’s requirements. The scope of potential impact is significant. CalRecycle’s Regulatory Impact Assessment estimates that the regulations will directly affect 5,741 regulated producers (i.e., those with annual gross sales of $1 million or greater) and 7,874 small producers eligible for exemption. An additional 546,269 non-regulated businesses—including retailers, wholesalers, and restaurants—will be indirectly affected. Platform sellers are particularly vulnerable. According to Business of Apps, Etsy alone has approximately 8.7 million active sellers globally, with the majority based in the United States. TikTok Shop has over 500,000 U.S. merchants registered. Many of these sellers ship packaged goods to California customers and may not be aware of their SB 54 obligations. These sellers typically lack in-house legal counsel and may not be monitoring California regulatory developments. The small-producer exemption does not eliminate obligations. Producers with less than $1 million in California gross sales may qualify for the small-producer exemption, but this exemption is not self-executing. Even exempt producers must register with CalRecycle and substantiate their eligibility. CalRecycle retains the authority to deny the exemption if it would impair compliance for a covered material category. Moreover, the exemption does not relieve producers of the obligation to ensure their packaging is recyclable or compostable by 2032. For small businesses and platform sellers, key action items include: Determine whether you are a “producer” under SB 54 based on the packaging used to ship your products to California customers. If you qualify as a small producer, register with CalRecycle and apply for the exemption. Failure to do so may result in enforcement action. Begin evaluating your packaging materials for recyclability and compostability, as the 2032 requirements will apply regardless of producer size. Monitor whether the platforms on which you sell (e.g., Etsy, TikTok Shop, Amazon) implement compliance mechanisms that may cover their sellers. Litigation and Regulatory Uncertainty SB 54 and related California packaging laws are subject to significant litigation and regulatory uncertainty. Companies should monitor developments in such actions, which include: NRDC and Californians Against Waste v. CalRecycle In June 2026, NRDC, Californians Against Waste Foundation and Oceana, Inc. formally filed a lawsuit challenging CalRecycle’s final implementing regulations, arguing that CalRecycle created unlawful loopholes exempting certain plastic packaging and allowing “polluting technologies,” such as chemical recycling to count toward recycling targets. The petitioners claim that the final regulations are “invalid because or to the extent they are inconsistent with the Plastic Pollution Prevention and Packaging Producer Responsibility Act,” and “that they are arbitrary and capricious, and without rational basis.” This challenge could result in modifications to the regulatory framework and affect how producers demonstrate compliance. SB 343 Preliminary Injunction On July 14, 2026, the U.S. District Court for the Southern District of California issued a preliminary injunction blocking enforcement of SB 343, California’s “Truth-in-Recycling” law, in California League of Food Producers et al. v. Bonta, Case No. 3:26-cv-01675 (S.D. Cal.). The court found that the plaintiffs—a coalition of 18 trade organizations—were likely to succeed on claims that: (a) certain SB 343 requirements are unconstitutionally vague under the Fourteenth Amendment, and (b) the law’s restrictions violate the First Amendment because the state failed to demonstrate the restrictions would materially advance its interests. Multi-State Challenge to SB 54 A separate lawsuit has been filed by 17 states, including the National Association of Wholesaler-Distributors as the sole business plaintiff, challenging SB 54 itself on Dormant Commerce Clause, Free Speech, and Due Process grounds. This challenge contends that SB 54 impermissibly regulates interstate commerce and imposes burdens on out-of-state producers that exceed California’s legitimate regulatory authority. On August 20, 2026, the 17-state coalition filed a motion for a preliminary injunction, asking the U.S. District Court for the Eastern District of California to block enforcement of SB 54 while the coalition’s challenge proceeds. If successful, this challenge could invalidate or substantially modify SB 54’s application to out-of-state companies. Practical Implications Despite this litigation, companies should not delay compliance efforts. Preliminary injunctions can be reversed, and SB 54’s registration and reporting deadlines remain in effect unless separately enjoined. Moreover, while the suspension of SB 343 is significant, it does not limit the legal risks associated with other recyclability claims, and companies making representations should continue to evaluate their exposure under California’s false advertising statutes, the Federal Trade Commission’s’ (FTC) Green Guides, and consumer class-action litigation challenging environmental marketing claims. Companies should continue to monitor the legal developments and the adjacent statutes and consult counsel regarding the implications for their specific compliance strategies. Other States to Watch California is part of a broader state-packaging EPR trend. Several other states—including Colorado, Maine, Oregon, Minnesota, Maryland, and Washington—have enacted packaging EPR programs, with additional proposals and adjacent measures continuing to emerge. This remains a rapidly developing area, and companies should monitor additional state legislation. For companies operating nationally, the key issue is harmonization: each state may use different definitions, registration timelines, reporting requirements, fee structures, and exemptions. A packaging data system built only for California may not be sufficient for multi-state compliance. Recommended Next Steps Confirm whether your organization is a “producer” under SB 54 and, if so, verify that registration obligations have been met. Audit your packaging portfolio to identify covered materials and determine recyclability status under current California standards. Assess the impact of the SB 343 preliminary injunction on your recyclability determinations and labeling practices. Monitor the pending multi-state challenge and the NRDC lawsuit for developments that may affect the regulatory framework. Evaluate whether your California compliance systems can scale to address emerging packaging EPR requirements in other states. Consider engaging legal counsel to develop a coordinated multi-state compliance strategy. * * * This client alert is for informational purposes only and does not constitute legal advice. Companies should consult with legal counsel regarding their specific compliance obligations under SB 54 and related state packaging EPR programs.

Thomas Holmgren (Of Counsel-New York, NY) is among five members of the Hartwick College community selected to receive a 2026 Alumni Award. A member of the Hartwick Class of 2013, Thomas has been named the Alumni Association’s Outstanding Recent Alumnus, recognizing graduates who have demonstrated outstanding and sustained volunteer service to the College.   Thomas was recognized for his extraordinary leadership, perhaps best exemplified by the College’s Moot Court Competition, which he created, directed, and funded. He personally developed the constitutional law cases used in the competition, coordinated multiple rounds of oral arguments, recruited and organized dozens of Hartwick alumni attorneys to serve as judges, and traveled to campus to participate in the final rounds. As one nominator aptly observed, Thomas “has remained deeply committed to giving back to Hartwick and creating opportunities for the next generation of students.” Through the competition, Hartwick students gain invaluable experience in legal analysis, persuasive advocacy, critical thinking, and public speaking. As the College proudly noted in its awards press release, Thomas “has created a legacy that continues to enrich both our students and broader community.”

Gutierrez-Zacatenco v. Herrera was an admitted-liability rear-end motor vehicle accident that was tried and produced a $5.5 million-plus judgment. Nevada’s Supreme Court vacated that judgment and remanded the case for a new trial because the district court improperly excluded medical records from a similar spinal injury Herrera sustained in another motor vehicle accident just two years earlier. During discovery, Herrera produced those records. The defense medical experts reviewed and relied upon them to conclude that her medical complaints were related to the earlier accident. At trial, Herrera moved to exclude the earlier records, arguing that the defense: (1) could not authenticate them and (2) did not include them in mandatory pretrial disclosures. The Supreme Court reversed. First, the district court erred by concluding the records were not authenticated. The district court ruled that the defense had not authenticated them via NRS 52.325. The Supreme Court concluded this was erroneous because NRS 52.325 applies only to medical records obtained via subpoena. The defendant had not obtained the records via subpoena, so NRS 52.325 was inapplicable. Instead, the authentication requirements of NRS 52.015 applied, and the records met those requirements. First, Herrera had produced the records herself and did not dispute that they accurately reflected medical care she received two years before the subject accident. The documents also bore markings giving the indicia of authenticity. Finally, a custodian of records affidavit confirmed their authenticity. Herrera asserted the records were properly excluded because the record of her final treatment date was missing, but she created this problem. As the Court noted, “Herrera produced an incomplete copy of her 2017 medical records in discovery, then parlayed that incomplete disclosure into an exclusionary ruling that advantaged her.” The missing record was relevant to weight, but it did not render the produced records inauthentic. Second, the district court alternatively excluded the records because the defendant had not adequately designated them under NRCP 16.1(a)(1). The Supreme Court disagreed, holding that NRCP 16.1(a)(1) “does not require [a] party to identify records that they only obtained through the opposing party’s discovery production.” The Supreme Court agreed with the district court that the defendant’s “broad, catchall descriptions” in a pretrial disclosure did not satisfy NRCP 16.1(a)(3). However, this error was harmless. Herrera was aware throughout the case that the defense relied upon the 2017 medical records, which provided sufficient notice. Ultimately, excluding the 2017 medical records affected the defendant’s substantial rights because a different result might reasonably have been reached had the records been admitted. Accordingly, the case was remanded for a new trial. Key Takeaways Although Gutierrez-Zacatenco may appear to be a dry, technical decision, its core concepts are fundamental to nearly any case: What documentation do you have, and can you authenticate it? Even the strongest defense—that the plaintiff sustained the same injury two years earlier—is worthless if the supporting evidence cannot be authenticated and admitted at trial.

A defendant’s ability to obtain a psychological examination of a personal injury plaintiff alleging a psychological injury has been under attack in Nevada since 2018. Nevada’s Supreme Court has now decided the latest battle, Davis v. Dist. Ct., 142 Adv. Op. 58 (2026). The plaintiff in Davis alleged physical and psychological injuries. The defendant retained a local neuropsychologist to perform a neuropsychological evaluation. The plaintiff then requested the examiner produce the raw testing data generated during the evaluation, and the court ordered the examiner to produce the data to the plaintiff’s psychological expert and plaintiff’s counsel. The defendant and the examiner produced the data to the psychological expert, but not counsel. They asserted NAC 641.234(3) barred disclosing it to counsel. The Supreme Court disagreed, concluding NAC 641.234(3) “cannot direct the district court’s discovery decisions.” If a court orders the raw testing data produced under a protective order and the psychologist declines to produce it per NAC 641.234(3), then the psychologist risks exclusion from trial. This ruling may significantly complicate psychological examinations in Nevada. Nevada-licensed psychologists are bound by NAC 641.234(3), regardless of their status as a treater or forensic examiner. Davis may place both sides in an impossible conundrum in that defense counsel will want the treater’s raw data just as the plaintiff’s counsel will want the forensic examiner’s raw data. Yet NAC 641.234(3) bars both the treater and the examiner from producing it. Nevada’s psychological community has submitted public comments to the legislature noting the risks from public disclosure of the information. Psychological professional organizations have repeatedly adopted codes concerning testing security. Davis places psychologists with the choice to either comply with a court order and violate their professional obligations or comply with their professional obligations and risk being excluded from trial. The number of psychologists willing to perform forensic examinations, whether for a plaintiff or defendant, seemed to drop after the Powers decision earlier in 2026. That pool may shrink further after Davis. The best hope for a compromise that allows all sides access to the data they need to litigate a case while protecting testing security might be action from the Nevada legislature during the 2027 general session.

Jesse Endler (Of Counsel-Philadelphia, PA) and Christopher Flanagan (Partner-Boston, MA) prevailed on summary judgment in the New Jersey Superior Court, Atlantic County, on behalf of Wilson Elser’s insurance company client in a first-party coverage action. The insured sought damages estimated at more than $100,000 for alleged breach of contract and bad faith arising from the client’s denial of coverage for the sudden collapse of the rear wall of its residential property. The collapse caused the rear wall to shift downward 12 to 18 inches, requiring the wall and several stories of decks to be removed and rebuilt. An investigation determined that the residence’s sill plate and framing had sustained prolonged, hidden water intrusion and trapped moisture, resulting in extensive rot, decay, disintegration, and deterioration. The insured admitted, as corroborated by experts for both sides, that the water infiltration had been ongoing for several years ‒ predating both the policy’s inception and the insured’s purchase of the property. Our client denied coverage under policy exclusions for collapse caused by decay and rot and for pre-existing damage. Following discovery, Wilson Elser moved for summary judgment, arguing that the policy language was clear and unambiguous and that under the normal usage of its terms, the policy did not provide coverage for the loss. Chris and Jesse further argued that the client could not have acted in bad faith because its denial was based on the policy’s clear language. The insured countered that the policy language was confusing, provided illusory coverage, and required coverage for the loss, and further alleged that the insurer had acted in bad faith. Following oral argument, the court agreed that the policy language was clear and unambiguous and that the loss was not covered. Because there was no coverage, the court concluded that the bad faith claim could not succeed and granted summary judgment in favor of Wilson Elser’s client, dismissing the case.

Jonathan Meer (Partner-New York, NY) and Angela Sekerka (Of Counsel-New York, NY) will present the Wilson Elser Forum webinar “The Shifting Landscape of Fair Housing Law” on September 10, 2026. This webinar will provide a comprehensive overview of the ever-changing landscape of fair housing law, beginning with the foundation of the Fair Housing Act and the key issues involving fair housing discrimination nationwide. The Department of Housing and Urban Development (HUD) has been reworking its guidance across a range of fair housing issues, requiring providers to comply with new standards. As the new administration’s priorities continue to drive these changes, this presentation will explore how compliance with fair housing law is a moving target. It will examine challenges to what is considered reasonable accommodation and the use of criminal background checks in housing decisions. Additionally, the presentation will offer insight into emerging legislation on algorithmic rent-setting and source-of-income discrimination. The session will conclude with guidance on how providers should approach their housing policies and navigate the fluctuating laws of fair housing. 

Lawrence Lee Washburn, IV (Partner-Atlanta, GA) and J. Chad Capers (Associate-Atlanta, GA) obtained summary judgment in the U.S District Court, Northern District of Georgia, on behalf of Wilson Elser’s client, a security services provider. The client operated a sophisticated pedestrian access-control system that included an interlocked gate arm at the crosswalk leading to the entrance to a brewery plant where the plaintiff worked. As the plaintiff approached the gate, the client's employee activated the system, causing the gate arm to lower and restricting pedestrian access to the crosswalk. Despite the system’s visual and audible warnings, the plaintiff attempted to pass underneath the lowering arm, which struck him and knocked him to the ground, causing injury. The plaintiff sued the client, alleging negligent operation of the gate system. Lee and Chad obtained the factory's surveillance video via non-party discovery. They used it to obtain admissions from the plaintiff during his deposition, thereby demonstrating that the plaintiff was the sole cause of the accident and that the client had no legal liability. The court agreed, granting Wilson Elser’s motion for summary judgment on all claims.

Only the top 5.3 percent of all practicing lawyers in the nation are selected by their peers for inclusion on The Best Lawyers in America® list. This year, 123 Wilson Elser attorneys were so honored: Birmingham, AL David Hall – Partner David A. Lee ‒ Of Counsel William L. Waudby – Partner Phoenix, AZ Brian Cieniawski – Of Counsel  Los Angeles, CA E. Paul Dougherty Jr. – Partner David S. Eisen – Senior Counsel Diana M. Estrada – Partner William Tolin Gay – Of Counsel Linda Tai Hoshide – Partner Gregory K. Lee – Partner David M. Morrow – Partner Michelle R. Press – Partner David Simantob – Partner Tae S. Um – Partner San Diego, CA Carole J. Buckner – Partner Bruno W. Katz – Partner Patrick J. Kearns – Partner Michael P. McCloskey – Senior Counsel San Francisco, CA William M. Hake – Senior Counsel John H. Podesta – Partner Julie A. Torres – Partner Yakov P. Wiegmann – Partner Denver, CO Emily L. P. Aguero – Partner Jason D. Melichar – Partner Ryan A. Williams – Partner Jane E. Young – Partner  Christopher D. Yvars – Partner Stamford, CT Stephen P. Brown ‒ Partner Douglas M. Connors ‒ Partner Eric W.F. Niederer ‒ Partner Washington, D.C. Robert W. Goodson – Senior Counsel Catherine A. Hanrahan – Partner  Miami, FL  Alan Fiedel – Partner Tanya I. Suarez – Partner Gustavo A. Martinez Tristani – Partner Orlando, FL John Y. Benford – Partner Alicia M. Caridi – Of Counsel Jaime B. Eagan – Of Counsel Nicholas D. Freeman – Partner James M. Kloss – Partner  Leia Leitner – Of Counsel Sean M. McDonough – Partner  Noelle K. Sheehan – Partner  Tampa, FL Michelle Sabin – Of Counsel  Atlanta, GA Vonnetta L. Benjamin – Of Counsel  Allison M. Escott ‒ Of Counsel Matthew Foree – Of Counsel  Parks K. Stone – Partner Chicago, IL  Andrew J. Albright – Partner Michael J. Duffy – Partner Melissa A. Murphy-Petros – Of Counsel Indianapolis, IN Jarrod A. Malone – Partner Louisville, KY James M. Burd – Partner Scott A. Davidson – Of Counsel  Marcia L. Pearson – Partner  Christopher M. Piekarski – Of Counsel  Lynsie Gaddis Rust – Partner  New Orleans, LA Michael Harowski – Partner  H. Jake Rodriguez – Partner Boston, MA  Christopher P. Flanagan – Partner Christine A. Knipper – Partner George C. Rockas – Partner Baltimore, MD Angela W. Russell – Partner  Detroit, MI William S. Cook – Partner Kevin M. Mulvaney – Partner  St. Louis, MO Carolyn M. Husmann – Of Counsel  Daniel E. Tranen – Partner  Jackson, MS John S. Graham – Of Counsel William M. Vines – Of Counsel Charlotte, NC Gerald A. Stein II – Of Counsel  Madison, NJ Maxwell L. Billek – Partner Anne M. Dalena – Of Counsel  Andrew M. Epstein – Partner Peter Espey ‒ Of Counsel Roger R. Gottilla – Senior Counsel  Joseph T. Hanlon – Partner Barbara Hopkinson Kelly – Partner Kurt W. Krauss – Partner William D. Lipkind – Partner  Carolyn F. O’Conner – Partner Joanna Piorek – Partner Thomas F. Quinn – Senior Counsel  James B. Sharp – Of Counsel Katherine E. Tammaro – Partner Sheila Tarabour – Partner Michael P. Turner – Senior Counsel  Mark P. Vespole – Partner  Las Vegas, NV Karen L. Bashor – Partner Michael Lowry – Partner  Sheri Thome – Partner Albany, NY Peter A. Lauricella – Partner Christopher Martin – Partner  New York, NY Jeffrey B. Araten – Partner Eugene T. Boulé – Partner Joseph L. Francoeur – Partner Allison R. Graffeo – Partner Robin N. Gregory – Senior Counsel  Ellen Greiper – Partner  Ashley V. Humphries – Partner  Paul Karp – Partner  Guy J. Levasseur – Partner Frances Malfa – Partner  Stuart A. Miller – Partner  Richard Ng – Partner Lois K. Ottombrino – Senior Counsel Jay A. Potter – Partner  Ricki E. Roer – Senior Counsel  Dov G. Sternberg – Partner Scott H. Stopnik – Partner White Plains, NY  Alan B. Friedberg – Senior Counsel  Michael F. Grady – Partner Jacqueline Hattar – Partner Patricia Lacy – Partner Philip Quaranta – Partner Thomas W. Tobin – Senior Counsel  Portland, OR Michael T. Belisle – Partner  Lloyd Bernstein – Partner  Matthew C. Casey – Of Counsel George S. Pitcher – Partner  Peder A. Rigsby – Partner  Philadelphia, PA  Brian F. Breen – Partner  John T. Donovan – Partner  William F. McDevitt – Partner  Kathleen D. Wilkinson – Senior Counsel  Dallas, TX Craig Brinker – Of Counsel  J. Price Collins – Partner  Ashley F. Gilmore ‒ Partner Jennafer G. Groswith ‒ Partner Stephani R. Johnson – Partner Jarad L. Kent – Partner  James S. Kiser – Of Counsel Jennifer Martin – Partner R. Douglas Noah, Jr. – Partner  Kimberly A. Wilson – Partner  Houston, TX  Kent M. Adams – Senior Counsel Christina C. Huston – Of Counsel Lori D. Proctor – Partner  John R. Sheppard – Partner  Colin S. Sherrod – Of Counsel  Ronald L. White – Of Counsel  McLean, VA Kathryn Anne Grace – Partner  Matthew W. Lee – Partner Peter M. Moore – Partner Jason R. Waters – Partner  Seattle, WA Nicole Brodie Jackson – Partner Erin P. Fraser – Partner E. Penn Gheen – Of Counsel Lorianne Conklin Hanson – Partner Rachel Tallon Reynolds – Partner Evelyn E. Winters – Partner Milwaukee, WI Sarah Fry Bruch – Of Counsel William J. Katt – Senior Counsel  John P. Loringer – Partner 

Peter C. Catalanotti (Partner-San Francisco), Joseph L. Francoeur (Partner-New York, NY), and Eve Mouzouris (Of Counsel-New York, NY) will present the Wilson Elser Forum webinar “Emerging Trends and Landmark Decisions: Insurer Brokers/Agents and Real Estate Professionals” on September 15, 2026. This webinar provides an overview of emerging professional liability trends affecting insurance agents, brokers, and real estate professionals, examining evolving fiduciary duty claims, expanding scope-of-work expectations, and growing exposure resulting from client expectation gaps in coverage procurement and placement decisions. Also discussed are emerging risks associated with the use of artificial intelligence in quoting, underwriting support, marketing, and property descriptions, as well as increased exposure tied to carrier insolvency and continued hardening of the insurance market. Participants will explore key developments in real estate professional negligence claims, including changes to commission and agency rules, increasing liability for AI-generated misinformation, ongoing nondisclosure and misrepresentation risks, growing antitrust and governance-related litigation affecting brokerages and MLS organizations, and recent case law shaping modern professional liability standards.

Kimberly E. Blair (Partner-Chicago) and Maxwell L. Billek (Partner-Madison, NJ) will present the Wilson Elser Forum webinar “Emerging Trends and Landmark Decisions in Lawyer’s Liability” on September 14, 2026. This program provides claims professionals, underwriters, and attorneys with updates on emerging trends, risk factors, and recent landmark decisions affecting lawyers’ liability and legal malpractice exposure. Kim and Max examine developing malpractice risks associated with generative AI, the growth of transactional malpractice claims, the impact of third-party litigation funding on claim resolution, and the continuing significance of conflicts of interest as a leading source of professional liability. Recent case law on vicarious liability, fee-sharing and ethics obligations, proximate causation standards, fiduciary duties in settlement communications, and litigation privilege are also addressed. By the end of the presentation, participants will be better equipped to identify evolving malpractice risks, understand current legal standards governing professional liability, and implement practical risk-management strategies in their practices.

Although challenged by an injunction filed on August 20, 2026, by a coalition of 17 states, California’s SB 54 Plastic Pollution Prevention and Packaging Producer Responsibility Act is now in effect, and companies that sell, distribute, import, or ship packaged products into California should be evaluating whether they have compliance obligations. SB 54 creates an extended producer responsibility (EPR) program for single-use packaging and single-use plastic food service ware, shifting end-of-life management costs from local governments and taxpayers to covered “producers.” The final implementing regulations took effect on May 1, 2026. The law is particularly important for consumer brands, retail and e-commerce companies, apparel and footwear companies, food and beverage businesses, food-service companies, private-label sellers, distributors, importers, and any business shipping packaged goods into California or other states with packaging EPR laws. What Is SB 54? SB 54 establishes a statewide EPR program for “covered material,” which generally includes two categories: 1. Single-use packaging—materials used to contain, protect, handle, deliver, or present goods, such as product packaging, display or grouped packaging, and transport packaging 2. Single-use plastic food service ware—plastic food-service items such, as trays, plates, bowls, clamshells, lids, cups, utensils, straws, and certain wraps or bags used by food-service establishments. The “producer” definition is broad. It can reach brand or trademark owners, licensees, and, if those entities are not in California, sellers or distributors placing products using covered material into California. Out-of-state and e-commerce sellers may, therefore, be within the statute’s scope when products are delivered to California purchasers. SB 54’s key targets phase in over the following dates: January 1, 2027: Producers must achieve a 10 percent reduction in single-use plastic packaging. January 1, 2028: Producers must achieve a 30 percent recycling rate for plastic covered material. January 1, 2030: Producers must achieve a 20 percent reduction in single-use plastic packaging, and plastic materials must meet a 40 percent recycling rate. January 1, 2032: Full compliance goals take effect: single-use plastic packaging and food service ware must see a 25 percent source reduction, achieve a 65 percent recycling rate, and 100 percent of single-use packaging sold must be fully recyclable or compostable. The first major compliance checkpoint has already passed: producers were required by June 1, 2026, to join Circular Action Alliance (CAA), register with CalRecycle as an independent producer, or apply for the small-producer exemption. CAA is California’s first approved producer responsibility organization, and program implementation is targeted to begin on or before January 1, 2027. What Does This Mean for Businesses? Companies should not assume SB 54 applies only to packaging manufacturers. The law can reach businesses that sell finished products in covered packaging, private-label sellers, online sellers, distributors, and importers depending on where the relevant brand owner, licensee, seller, or distributor sits in the chain. For potentially covered companies, the practical compliance burden is data-driven. Businesses will need to understand what packaging they place into the California market, who is responsible for reporting it, how the packaging is categorized, whether any exemptions apply, and how California obligations coordinate with other state packaging EPR programs. The small-producer exemption generally applies to entities with less than $1 million in California gross sales, but producers still must register or apply, and CalRecycle may deny the exemption if it would impair compliance for a covered material category. EPS food service ware is already a live issue because the required 25 percent recycling-rate threshold has not been met, meaning producers are prohibited from selling, offering for sale, distributing, or importing EPS food service ware into California. Companies making “recyclable” claims also should evaluate California SB 343 because SB 54’s recyclability framework is tied to California’s “Truth in Recycling” criteria. Noncompliance can carry penalties of up to $50,000 per day per violation. Impact on Small and Emerging Businesses A byproduct of the internet age is that many companies can be formed with very little legal governance and compliance infrastructure. Yet these producers and sellers are still subject to the law. With many companies and individuals starting businesses on Etsy, TikTok Shop, Instagram, and other digital platforms, depending on whether they do well, they can find themselves squarely impacted by SB 54’s requirements. The scope of potential impact is significant. CalRecycle’s Regulatory Impact Assessment estimates that the regulations will directly affect 5,741 regulated producers (i.e., those with annual gross sales of $1 million or greater) and 7,874 small producers eligible for exemption. An additional 546,269 non-regulated businesses—including retailers, wholesalers, and restaurants—will be indirectly affected. Platform sellers are particularly vulnerable. According to Business of Apps, Etsy alone has approximately 8.7 million active sellers globally, with the majority based in the United States. TikTok Shop has over 500,000 U.S. merchants registered. Many of these sellers ship packaged goods to California customers and may not be aware of their SB 54 obligations. These sellers typically lack in-house legal counsel and may not be monitoring California regulatory developments. The small-producer exemption does not eliminate obligations. Producers with less than $1 million in California gross sales may qualify for the small-producer exemption, but this exemption is not self-executing. Even exempt producers must register with CalRecycle and substantiate their eligibility. CalRecycle retains the authority to deny the exemption if it would impair compliance for a covered material category. Moreover, the exemption does not relieve producers of the obligation to ensure their packaging is recyclable or compostable by 2032. For small businesses and platform sellers, key action items include: Determine whether you are a “producer” under SB 54 based on the packaging used to ship your products to California customers. If you qualify as a small producer, register with CalRecycle and apply for the exemption. Failure to do so may result in enforcement action. Begin evaluating your packaging materials for recyclability and compostability, as the 2032 requirements will apply regardless of producer size. Monitor whether the platforms on which you sell (e.g., Etsy, TikTok Shop, Amazon) implement compliance mechanisms that may cover their sellers. Litigation and Regulatory Uncertainty SB 54 and related California packaging laws are subject to significant litigation and regulatory uncertainty. Companies should monitor developments in such actions, which include: NRDC and Californians Against Waste v. CalRecycle In June 2026, NRDC, Californians Against Waste Foundation and Oceana, Inc. formally filed a lawsuit challenging CalRecycle’s final implementing regulations, arguing that CalRecycle created unlawful loopholes exempting certain plastic packaging and allowing “polluting technologies,” such as chemical recycling to count toward recycling targets. The petitioners claim that the final regulations are “invalid because or to the extent they are inconsistent with the Plastic Pollution Prevention and Packaging Producer Responsibility Act,” and “that they are arbitrary and capricious, and without rational basis.” This challenge could result in modifications to the regulatory framework and affect how producers demonstrate compliance. SB 343 Preliminary Injunction On July 14, 2026, the U.S. District Court for the Southern District of California issued a preliminary injunction blocking enforcement of SB 343, California’s “Truth-in-Recycling” law, in California League of Food Producers et al. v. Bonta, Case No. 3:26-cv-01675 (S.D. Cal.). The court found that the plaintiffs—a coalition of 18 trade organizations—were likely to succeed on claims that: (a) certain SB 343 requirements are unconstitutionally vague under the Fourteenth Amendment, and (b) the law’s restrictions violate the First Amendment because the state failed to demonstrate the restrictions would materially advance its interests. Multi-State Challenge to SB 54 A separate lawsuit has been filed by 17 states, including the National Association of Wholesaler-Distributors as the sole business plaintiff, challenging SB 54 itself on Dormant Commerce Clause, Free Speech, and Due Process grounds. This challenge contends that SB 54 impermissibly regulates interstate commerce and imposes burdens on out-of-state producers that exceed California’s legitimate regulatory authority. On August 20, 2026, the 17-state coalition filed a motion for a preliminary injunction, asking the U.S. District Court for the Eastern District of California to block enforcement of SB 54 while the coalition’s challenge proceeds. If successful, this challenge could invalidate or substantially modify SB 54’s application to out-of-state companies. Practical Implications Despite this litigation, companies should not delay compliance efforts. Preliminary injunctions can be reversed, and SB 54’s registration and reporting deadlines remain in effect unless separately enjoined. Moreover, while the suspension of SB 343 is significant, it does not limit the legal risks associated with other recyclability claims, and companies making representations should continue to evaluate their exposure under California’s false advertising statutes, the Federal Trade Commission’s’ (FTC) Green Guides, and consumer class-action litigation challenging environmental marketing claims. Companies should continue to monitor the legal developments and the adjacent statutes and consult counsel regarding the implications for their specific compliance strategies. Other States to Watch California is part of a broader state-packaging EPR trend. Several other states—including Colorado, Maine, Oregon, Minnesota, Maryland, and Washington—have enacted packaging EPR programs, with additional proposals and adjacent measures continuing to emerge. This remains a rapidly developing area, and companies should monitor additional state legislation. For companies operating nationally, the key issue is harmonization: each state may use different definitions, registration timelines, reporting requirements, fee structures, and exemptions. A packaging data system built only for California may not be sufficient for multi-state compliance. Recommended Next Steps Confirm whether your organization is a “producer” under SB 54 and, if so, verify that registration obligations have been met. Audit your packaging portfolio to identify covered materials and determine recyclability status under current California standards. Assess the impact of the SB 343 preliminary injunction on your recyclability determinations and labeling practices. Monitor the pending multi-state challenge and the NRDC lawsuit for developments that may affect the regulatory framework. Evaluate whether your California compliance systems can scale to address emerging packaging EPR requirements in other states. Consider engaging legal counsel to develop a coordinated multi-state compliance strategy. * * * This client alert is for informational purposes only and does not constitute legal advice. Companies should consult with legal counsel regarding their specific compliance obligations under SB 54 and related state packaging EPR programs.

Thomas Holmgren (Of Counsel-New York, NY) is among five members of the Hartwick College community selected to receive a 2026 Alumni Award. A member of the Hartwick Class of 2013, Thomas has been named the Alumni Association’s Outstanding Recent Alumnus, recognizing graduates who have demonstrated outstanding and sustained volunteer service to the College.   Thomas was recognized for his extraordinary leadership, perhaps best exemplified by the College’s Moot Court Competition, which he created, directed, and funded. He personally developed the constitutional law cases used in the competition, coordinated multiple rounds of oral arguments, recruited and organized dozens of Hartwick alumni attorneys to serve as judges, and traveled to campus to participate in the final rounds. As one nominator aptly observed, Thomas “has remained deeply committed to giving back to Hartwick and creating opportunities for the next generation of students.” Through the competition, Hartwick students gain invaluable experience in legal analysis, persuasive advocacy, critical thinking, and public speaking. As the College proudly noted in its awards press release, Thomas “has created a legacy that continues to enrich both our students and broader community.”

Gutierrez-Zacatenco v. Herrera was an admitted-liability rear-end motor vehicle accident that was tried and produced a $5.5 million-plus judgment. Nevada’s Supreme Court vacated that judgment and remanded the case for a new trial because the district court improperly excluded medical records from a similar spinal injury Herrera sustained in another motor vehicle accident just two years earlier. During discovery, Herrera produced those records. The defense medical experts reviewed and relied upon them to conclude that her medical complaints were related to the earlier accident. At trial, Herrera moved to exclude the earlier records, arguing that the defense: (1) could not authenticate them and (2) did not include them in mandatory pretrial disclosures. The Supreme Court reversed. First, the district court erred by concluding the records were not authenticated. The district court ruled that the defense had not authenticated them via NRS 52.325. The Supreme Court concluded this was erroneous because NRS 52.325 applies only to medical records obtained via subpoena. The defendant had not obtained the records via subpoena, so NRS 52.325 was inapplicable. Instead, the authentication requirements of NRS 52.015 applied, and the records met those requirements. First, Herrera had produced the records herself and did not dispute that they accurately reflected medical care she received two years before the subject accident. The documents also bore markings giving the indicia of authenticity. Finally, a custodian of records affidavit confirmed their authenticity. Herrera asserted the records were properly excluded because the record of her final treatment date was missing, but she created this problem. As the Court noted, “Herrera produced an incomplete copy of her 2017 medical records in discovery, then parlayed that incomplete disclosure into an exclusionary ruling that advantaged her.” The missing record was relevant to weight, but it did not render the produced records inauthentic. Second, the district court alternatively excluded the records because the defendant had not adequately designated them under NRCP 16.1(a)(1). The Supreme Court disagreed, holding that NRCP 16.1(a)(1) “does not require [a] party to identify records that they only obtained through the opposing party’s discovery production.” The Supreme Court agreed with the district court that the defendant’s “broad, catchall descriptions” in a pretrial disclosure did not satisfy NRCP 16.1(a)(3). However, this error was harmless. Herrera was aware throughout the case that the defense relied upon the 2017 medical records, which provided sufficient notice. Ultimately, excluding the 2017 medical records affected the defendant’s substantial rights because a different result might reasonably have been reached had the records been admitted. Accordingly, the case was remanded for a new trial. Key Takeaways Although Gutierrez-Zacatenco may appear to be a dry, technical decision, its core concepts are fundamental to nearly any case: What documentation do you have, and can you authenticate it? Even the strongest defense—that the plaintiff sustained the same injury two years earlier—is worthless if the supporting evidence cannot be authenticated and admitted at trial.

A defendant’s ability to obtain a psychological examination of a personal injury plaintiff alleging a psychological injury has been under attack in Nevada since 2018. Nevada’s Supreme Court has now decided the latest battle, Davis v. Dist. Ct., 142 Adv. Op. 58 (2026). The plaintiff in Davis alleged physical and psychological injuries. The defendant retained a local neuropsychologist to perform a neuropsychological evaluation. The plaintiff then requested the examiner produce the raw testing data generated during the evaluation, and the court ordered the examiner to produce the data to the plaintiff’s psychological expert and plaintiff’s counsel. The defendant and the examiner produced the data to the psychological expert, but not counsel. They asserted NAC 641.234(3) barred disclosing it to counsel. The Supreme Court disagreed, concluding NAC 641.234(3) “cannot direct the district court’s discovery decisions.” If a court orders the raw testing data produced under a protective order and the psychologist declines to produce it per NAC 641.234(3), then the psychologist risks exclusion from trial. This ruling may significantly complicate psychological examinations in Nevada. Nevada-licensed psychologists are bound by NAC 641.234(3), regardless of their status as a treater or forensic examiner. Davis may place both sides in an impossible conundrum in that defense counsel will want the treater’s raw data just as the plaintiff’s counsel will want the forensic examiner’s raw data. Yet NAC 641.234(3) bars both the treater and the examiner from producing it. Nevada’s psychological community has submitted public comments to the legislature noting the risks from public disclosure of the information. Psychological professional organizations have repeatedly adopted codes concerning testing security. Davis places psychologists with the choice to either comply with a court order and violate their professional obligations or comply with their professional obligations and risk being excluded from trial. The number of psychologists willing to perform forensic examinations, whether for a plaintiff or defendant, seemed to drop after the Powers decision earlier in 2026. That pool may shrink further after Davis. The best hope for a compromise that allows all sides access to the data they need to litigate a case while protecting testing security might be action from the Nevada legislature during the 2027 general session.

Jesse Endler (Of Counsel-Philadelphia, PA) and Christopher Flanagan (Partner-Boston, MA) prevailed on summary judgment in the New Jersey Superior Court, Atlantic County, on behalf of Wilson Elser’s insurance company client in a first-party coverage action. The insured sought damages estimated at more than $100,000 for alleged breach of contract and bad faith arising from the client’s denial of coverage for the sudden collapse of the rear wall of its residential property. The collapse caused the rear wall to shift downward 12 to 18 inches, requiring the wall and several stories of decks to be removed and rebuilt. An investigation determined that the residence’s sill plate and framing had sustained prolonged, hidden water intrusion and trapped moisture, resulting in extensive rot, decay, disintegration, and deterioration. The insured admitted, as corroborated by experts for both sides, that the water infiltration had been ongoing for several years ‒ predating both the policy’s inception and the insured’s purchase of the property. Our client denied coverage under policy exclusions for collapse caused by decay and rot and for pre-existing damage. Following discovery, Wilson Elser moved for summary judgment, arguing that the policy language was clear and unambiguous and that under the normal usage of its terms, the policy did not provide coverage for the loss. Chris and Jesse further argued that the client could not have acted in bad faith because its denial was based on the policy’s clear language. The insured countered that the policy language was confusing, provided illusory coverage, and required coverage for the loss, and further alleged that the insurer had acted in bad faith. Following oral argument, the court agreed that the policy language was clear and unambiguous and that the loss was not covered. Because there was no coverage, the court concluded that the bad faith claim could not succeed and granted summary judgment in favor of Wilson Elser’s client, dismissing the case.