Sample Engagements & Litigation successes

Secured directed verdict following two-week breach of contract trial on behalf of a leading Physicians Hospital Organization (PHO) affiliated with a Chicago university medical center. The result followed four years of contentious litigation, exchange of 20,000 documents, 24 depositions and 542 trial exhibits, with the two physician plaintiffs alleging that the PHO client improperly terminated their membership and intentionally interfered with their prospective economic advantage

Serving as lead counsel on behalf of a leading national intercity motorcoach carrier in more than 50 lawsuits, consolidated in the Circuit Court of Cook County, or pending throughout the United States, arising out of multiple high-profile Midwest accidents involving in excess of 200 passengers pursuing pre-suit and/or litigated claims.

Obtained interstate forum non conveniens dismissal of several tainted heparin product liability matters pending in the Circuit Court of Cook County with some 30 similar cases as part of a consolidated discovery proceeding.  The cases were transferred to a more favorable jurisdiction in Texas and resolvedshortly thereafter.

Removed breach of contract lawsuit brought in Alabama state court against British Virgin Islands financial trust company, and obtained complete dismissal under the international Convention on the Recognition and Enforcement of Foreign Arbitral Awards, putting an end to the dispute before the start of costly discovery.

Obtained dismissal of several Madison County, IL, lawsuits based on the court’s lack of personal jurisdiction over the clients.

Published & Reported Descisions

Bernfeld, et al. v. US Airways, Inc., 2016 U.S. Dist. Lexis 52997 (N.D. Ill. Apr. 20, 2016)(granting summary judgment on behalf of US Airways in a putative class action Montreal Convention claim arising out of a flight delay caused by an aircraft suffering a bird strike; Court found no liability under the ‘All Reasonble Measures’ defense and in a case of first impression that the Israeli Aviation Services Law could not be applied in the United States)

Allmerica Financial Corp. v. Certain Underwriters at Lloyd's London, 81 Mass. App. Ct. 674 (Mass. App. Ct. April 30, 2012) (holding that underlying class action settlement was comprised of "both covered and uncovered" claims and therefore required allocation under the policy to determine what portion of the claims, if any, were covered).

In re World Airways litigation a/k/a Nigeria Charter Flights Contract Litigation (U.S.C.A. 2nd Circuit, March 10, 2010) (MDL No. 1613; 09-0008-cv) (summary order affirming the New York District Court’s approval of class action settlement of claims brought under the Montreal Convention, and other theories, finding that class settlement was reasonable and its approval was not an abuse of discretion).

Personette  v. TEC Specialty Products, Inc., et al., No. 04-3272 (Ill. Ct. App., 1st Dist.), 231 Ill.2d 654 (2009) (Illinois Supreme Court denying Plaintiff’s Petition for Leave to Appeal following the First District Appeals Court affirming summary judgment in a silica exposure case based on the 2 year statute of limitations).

Allmerica Financial Corp. v. Certain Underwriters at Lloyd's London, 449 Mass. 621, 871 N.E.2d 418 (August 6, 2007) (holding in a case of national first impression that is now a leading international authority, that an excess follow-form carrier is not bound by primary insurer’s settlement of any underlying class action claim or any intent surrounding the underlying policy).

McCoy v.Unicare Life and Health Insurance Co., 2004 WL 2358277 (N.D. Ill., Oct. 18, 2004) (dismissing lawsuit against managed care organization after holding in case of national first impression that the Federal Employees Health Benefits Act (FEHBA) completely preempts and requires dismissal of medical benefits lawsuit which the plaintiff characterized as a medical malpractice claim).

Platinum Technology, Inc., v. Federal Ins. Co., 282 F.3d 927 (7th Cir. 2002) (reversing $9.4 million Northern District of Illinois bench trial judgment predicated on a purported breach of the insurer’s duty to defend and breach of contract).

Presentations

  • "Post-Accident Practices: Preparing for Litigation," presented at the Alternative Trucking Insurance Program (TRIP) Risk Control Workshop (January 31, 2018) 
  • “Post-Accident Practices:  The good, the bad & the ugly”, presented at the International Warehouse Logistics Association 2017 Safety & Risk Conference (September 7, 2017)
  • What I learned from Eating Belgian Waffles”, presented at Wilson Elser Partner Retreat, Ted Talk Series (October 29, 2016)
  • National Business Institute’s (NBI’s) Advanced Trial Tactics Seminar, “Effective Exhibits and Courtroom Technology” (November 18, 2014)
  • “Legal Project Management: Who is doing it and how?” The Cowan Group’s Leadership Breakfast Roundtable Series, Invited Panelist (May 25, 2011)
  • “Discovery in the Digital Age,” presented at the Council on Litigation Management’s Live Standard Training Program (October 28, 2009)
  • “Litigation 103: Discovery Practice,” presented at the Council on Litigation Management’s Live Standard Training Program (October 28, 2009)
  • “Recent Developments in Physician Credentialing Liability,” presented at the Chicago Bar Association Health Law Committee Meeting (January 8, 2008)
  • “An Overview of Current Medical Malpractice Reform Efforts,” presented at the Chicago Bar Association Health Law Committee Meeting (March 2005)
  • “The Consumer, the Law, and You: Preparing for a Lawsuit,” presented to the Society of Consumer Affairs Professionals, Chicago Chapter Meeting (May 2003)
  • Defense Strategies for Avoiding Punitive Damages in Nursing Home Litigation,” co-presenter at the American Conference Institute’s Nursing Home Litigation Conference (June 2002)

Publications

  • "Federal Judges Are Tired of 'Stock' Discovery Objections," Law360 | Expert Analysis, (May 3, 2017)
  • “Illinois Adds Fuel to the Fiery National Healthcare Debate: Supreme Court Strikes Damage Caps and Other Healthcare Reform,” ABA Health Lawyer (June 2010)
  • “Illinois Supreme Court Invalidates Damage Cap: Three Strikes and You're Out,” Chicago Bar Association Record (April 2010)
  • “Another Failed Attempt at Illinois Tort Reform,” Law360 (February 24, 2010)
  • “Ohio Supreme Court Precludes Arbitration of Provider Antitrust Lawsuit,” ABA Health eSource (April 2006)
  • “Federal and State Regulation of Managed Care Organizations,” Chapter 15 of Health Law, volume 27 of “Illinois Jurisprudence,” LEXIS Publishing (Spring 2006), coauthor
  • “An Overview of FEHBA and the Power of Its Preemption,” The Health Lawyer (October 2005)
  • “Bad Faith Law: A Fifty State Survey,” published and distributed by Zurich Reinsurance (North America), Inc. (1999)
  • “The Role of Insurance Coverage Counsel When Disputes Over Coverage Disputes Arise: Resolution of Coverage Issues,” Chicago Bar Association Insurance Law Committee Symposium (April 1998)

Representative Matters

Sample Engagements & Litigation successes

Secured directed verdict following two-week breach of contract trial on behalf of a leading Physicians Hospital Organization (PHO) affiliated with a Chicago university medical center. The result followed four years of contentious litigation, exchange of 20,000 documents, 24 depositions and 542 trial exhibits, with the two physician plaintiffs alleging that the PHO client improperly terminated their membership and intentionally interfered with their prospective economic advantage

Serving as lead counsel on behalf of a leading national intercity motorcoach carrier in more than 50 lawsuits, consolidated in the Circuit Court of Cook County, or pending throughout the United States, arising out of multiple high-profile Midwest accidents involving in excess of 200 passengers pursuing pre-suit and/or litigated claims.

Obtained interstate forum non conveniens dismissal of several tainted heparin product liability matters pending in the Circuit Court of Cook County with some 30 similar cases as part of a consolidated discovery proceeding.  The cases were transferred to a more favorable jurisdiction in Texas and resolvedshortly thereafter.

Removed breach of contract lawsuit brought in Alabama state court against British Virgin Islands financial trust company, and obtained complete dismissal under the international Convention on the Recognition and Enforcement of Foreign Arbitral Awards, putting an end to the dispute before the start of costly discovery.

Obtained dismissal of several Madison County, IL, lawsuits based on the court’s lack of personal jurisdiction over the clients.

Published & Reported Descisions

Bernfeld, et al. v. US Airways, Inc., 2016 U.S. Dist. Lexis 52997 (N.D. Ill. Apr. 20, 2016)(granting summary judgment on behalf of US Airways in a putative class action Montreal Convention claim arising out of a flight delay caused by an aircraft suffering a bird strike; Court found no liability under the ‘All Reasonble Measures’ defense and in a case of first impression that the Israeli Aviation Services Law could not be applied in the United States)

Allmerica Financial Corp. v. Certain Underwriters at Lloyd's London, 81 Mass. App. Ct. 674 (Mass. App. Ct. April 30, 2012) (holding that underlying class action settlement was comprised of "both covered and uncovered" claims and therefore required allocation under the policy to determine what portion of the claims, if any, were covered).

In re World Airways litigation a/k/a Nigeria Charter Flights Contract Litigation (U.S.C.A. 2nd Circuit, March 10, 2010) (MDL No. 1613; 09-0008-cv) (summary order affirming the New York District Court’s approval of class action settlement of claims brought under the Montreal Convention, and other theories, finding that class settlement was reasonable and its approval was not an abuse of discretion).

Personette  v. TEC Specialty Products, Inc., et al., No. 04-3272 (Ill. Ct. App., 1st Dist.), 231 Ill.2d 654 (2009) (Illinois Supreme Court denying Plaintiff’s Petition for Leave to Appeal following the First District Appeals Court affirming summary judgment in a silica exposure case based on the 2 year statute of limitations).

Allmerica Financial Corp. v. Certain Underwriters at Lloyd's London, 449 Mass. 621, 871 N.E.2d 418 (August 6, 2007) (holding in a case of national first impression that is now a leading international authority, that an excess follow-form carrier is not bound by primary insurer’s settlement of any underlying class action claim or any intent surrounding the underlying policy).

McCoy v.Unicare Life and Health Insurance Co., 2004 WL 2358277 (N.D. Ill., Oct. 18, 2004) (dismissing lawsuit against managed care organization after holding in case of national first impression that the Federal Employees Health Benefits Act (FEHBA) completely preempts and requires dismissal of medical benefits lawsuit which the plaintiff characterized as a medical malpractice claim).

Platinum Technology, Inc., v. Federal Ins. Co., 282 F.3d 927 (7th Cir. 2002) (reversing $9.4 million Northern District of Illinois bench trial judgment predicated on a purported breach of the insurer’s duty to defend and breach of contract).

Presentations

  • "Post-Accident Practices: Preparing for Litigation," presented at the Alternative Trucking Insurance Program (TRIP) Risk Control Workshop (January 31, 2018) 
  • “Post-Accident Practices:  The good, the bad & the ugly”, presented at the International Warehouse Logistics Association 2017 Safety & Risk Conference (September 7, 2017)
  • What I learned from Eating Belgian Waffles”, presented at Wilson Elser Partner Retreat, Ted Talk Series (October 29, 2016)
  • National Business Institute’s (NBI’s) Advanced Trial Tactics Seminar, “Effective Exhibits and Courtroom Technology” (November 18, 2014)
  • “Legal Project Management: Who is doing it and how?” The Cowan Group’s Leadership Breakfast Roundtable Series, Invited Panelist (May 25, 2011)
  • “Discovery in the Digital Age,” presented at the Council on Litigation Management’s Live Standard Training Program (October 28, 2009)
  • “Litigation 103: Discovery Practice,” presented at the Council on Litigation Management’s Live Standard Training Program (October 28, 2009)
  • “Recent Developments in Physician Credentialing Liability,” presented at the Chicago Bar Association Health Law Committee Meeting (January 8, 2008)
  • “An Overview of Current Medical Malpractice Reform Efforts,” presented at the Chicago Bar Association Health Law Committee Meeting (March 2005)
  • “The Consumer, the Law, and You: Preparing for a Lawsuit,” presented to the Society of Consumer Affairs Professionals, Chicago Chapter Meeting (May 2003)
  • Defense Strategies for Avoiding Punitive Damages in Nursing Home Litigation,” co-presenter at the American Conference Institute’s Nursing Home Litigation Conference (June 2002)

Publications

  • "Federal Judges Are Tired of 'Stock' Discovery Objections," Law360 | Expert Analysis, (May 3, 2017)
  • “Illinois Adds Fuel to the Fiery National Healthcare Debate: Supreme Court Strikes Damage Caps and Other Healthcare Reform,” ABA Health Lawyer (June 2010)
  • “Illinois Supreme Court Invalidates Damage Cap: Three Strikes and You're Out,” Chicago Bar Association Record (April 2010)
  • “Another Failed Attempt at Illinois Tort Reform,” Law360 (February 24, 2010)
  • “Ohio Supreme Court Precludes Arbitration of Provider Antitrust Lawsuit,” ABA Health eSource (April 2006)
  • “Federal and State Regulation of Managed Care Organizations,” Chapter 15 of Health Law, volume 27 of “Illinois Jurisprudence,” LEXIS Publishing (Spring 2006), coauthor
  • “An Overview of FEHBA and the Power of Its Preemption,” The Health Lawyer (October 2005)
  • “Bad Faith Law: A Fifty State Survey,” published and distributed by Zurich Reinsurance (North America), Inc. (1999)
  • “The Role of Insurance Coverage Counsel When Disputes Over Coverage Disputes Arise: Resolution of Coverage Issues,” Chicago Bar Association Insurance Law Committee Symposium (April 1998)

Events

Sample Engagements & Litigation successes

Secured directed verdict following two-week breach of contract trial on behalf of a leading Physicians Hospital Organization (PHO) affiliated with a Chicago university medical center. The result followed four years of contentious litigation, exchange of 20,000 documents, 24 depositions and 542 trial exhibits, with the two physician plaintiffs alleging that the PHO client improperly terminated their membership and intentionally interfered with their prospective economic advantage

Serving as lead counsel on behalf of a leading national intercity motorcoach carrier in more than 50 lawsuits, consolidated in the Circuit Court of Cook County, or pending throughout the United States, arising out of multiple high-profile Midwest accidents involving in excess of 200 passengers pursuing pre-suit and/or litigated claims.

Obtained interstate forum non conveniens dismissal of several tainted heparin product liability matters pending in the Circuit Court of Cook County with some 30 similar cases as part of a consolidated discovery proceeding.  The cases were transferred to a more favorable jurisdiction in Texas and resolvedshortly thereafter.

Removed breach of contract lawsuit brought in Alabama state court against British Virgin Islands financial trust company, and obtained complete dismissal under the international Convention on the Recognition and Enforcement of Foreign Arbitral Awards, putting an end to the dispute before the start of costly discovery.

Obtained dismissal of several Madison County, IL, lawsuits based on the court’s lack of personal jurisdiction over the clients.

Published & Reported Descisions

Bernfeld, et al. v. US Airways, Inc., 2016 U.S. Dist. Lexis 52997 (N.D. Ill. Apr. 20, 2016)(granting summary judgment on behalf of US Airways in a putative class action Montreal Convention claim arising out of a flight delay caused by an aircraft suffering a bird strike; Court found no liability under the ‘All Reasonble Measures’ defense and in a case of first impression that the Israeli Aviation Services Law could not be applied in the United States)

Allmerica Financial Corp. v. Certain Underwriters at Lloyd's London, 81 Mass. App. Ct. 674 (Mass. App. Ct. April 30, 2012) (holding that underlying class action settlement was comprised of "both covered and uncovered" claims and therefore required allocation under the policy to determine what portion of the claims, if any, were covered).

In re World Airways litigation a/k/a Nigeria Charter Flights Contract Litigation (U.S.C.A. 2nd Circuit, March 10, 2010) (MDL No. 1613; 09-0008-cv) (summary order affirming the New York District Court’s approval of class action settlement of claims brought under the Montreal Convention, and other theories, finding that class settlement was reasonable and its approval was not an abuse of discretion).

Personette  v. TEC Specialty Products, Inc., et al., No. 04-3272 (Ill. Ct. App., 1st Dist.), 231 Ill.2d 654 (2009) (Illinois Supreme Court denying Plaintiff’s Petition for Leave to Appeal following the First District Appeals Court affirming summary judgment in a silica exposure case based on the 2 year statute of limitations).

Allmerica Financial Corp. v. Certain Underwriters at Lloyd's London, 449 Mass. 621, 871 N.E.2d 418 (August 6, 2007) (holding in a case of national first impression that is now a leading international authority, that an excess follow-form carrier is not bound by primary insurer’s settlement of any underlying class action claim or any intent surrounding the underlying policy).

McCoy v.Unicare Life and Health Insurance Co., 2004 WL 2358277 (N.D. Ill., Oct. 18, 2004) (dismissing lawsuit against managed care organization after holding in case of national first impression that the Federal Employees Health Benefits Act (FEHBA) completely preempts and requires dismissal of medical benefits lawsuit which the plaintiff characterized as a medical malpractice claim).

Platinum Technology, Inc., v. Federal Ins. Co., 282 F.3d 927 (7th Cir. 2002) (reversing $9.4 million Northern District of Illinois bench trial judgment predicated on a purported breach of the insurer’s duty to defend and breach of contract).

Presentations

  • "Post-Accident Practices: Preparing for Litigation," presented at the Alternative Trucking Insurance Program (TRIP) Risk Control Workshop (January 31, 2018) 
  • “Post-Accident Practices:  The good, the bad & the ugly”, presented at the International Warehouse Logistics Association 2017 Safety & Risk Conference (September 7, 2017)
  • What I learned from Eating Belgian Waffles”, presented at Wilson Elser Partner Retreat, Ted Talk Series (October 29, 2016)
  • National Business Institute’s (NBI’s) Advanced Trial Tactics Seminar, “Effective Exhibits and Courtroom Technology” (November 18, 2014)
  • “Legal Project Management: Who is doing it and how?” The Cowan Group’s Leadership Breakfast Roundtable Series, Invited Panelist (May 25, 2011)
  • “Discovery in the Digital Age,” presented at the Council on Litigation Management’s Live Standard Training Program (October 28, 2009)
  • “Litigation 103: Discovery Practice,” presented at the Council on Litigation Management’s Live Standard Training Program (October 28, 2009)
  • “Recent Developments in Physician Credentialing Liability,” presented at the Chicago Bar Association Health Law Committee Meeting (January 8, 2008)
  • “An Overview of Current Medical Malpractice Reform Efforts,” presented at the Chicago Bar Association Health Law Committee Meeting (March 2005)
  • “The Consumer, the Law, and You: Preparing for a Lawsuit,” presented to the Society of Consumer Affairs Professionals, Chicago Chapter Meeting (May 2003)
  • Defense Strategies for Avoiding Punitive Damages in Nursing Home Litigation,” co-presenter at the American Conference Institute’s Nursing Home Litigation Conference (June 2002)

Publications

  • "Federal Judges Are Tired of 'Stock' Discovery Objections," Law360 | Expert Analysis, (May 3, 2017)
  • “Illinois Adds Fuel to the Fiery National Healthcare Debate: Supreme Court Strikes Damage Caps and Other Healthcare Reform,” ABA Health Lawyer (June 2010)
  • “Illinois Supreme Court Invalidates Damage Cap: Three Strikes and You're Out,” Chicago Bar Association Record (April 2010)
  • “Another Failed Attempt at Illinois Tort Reform,” Law360 (February 24, 2010)
  • “Ohio Supreme Court Precludes Arbitration of Provider Antitrust Lawsuit,” ABA Health eSource (April 2006)
  • “Federal and State Regulation of Managed Care Organizations,” Chapter 15 of Health Law, volume 27 of “Illinois Jurisprudence,” LEXIS Publishing (Spring 2006), coauthor
  • “An Overview of FEHBA and the Power of Its Preemption,” The Health Lawyer (October 2005)
  • “Bad Faith Law: A Fifty State Survey,” published and distributed by Zurich Reinsurance (North America), Inc. (1999)
  • “The Role of Insurance Coverage Counsel When Disputes Over Coverage Disputes Arise: Resolution of Coverage Issues,” Chicago Bar Association Insurance Law Committee Symposium (April 1998)

Firm Highlights

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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Client Wins
Lee and Rivera Prevail on Summary Judgment for Ski Resort in Wrongful Death Action
Gregory Lee (Partner-Los Angeles, CA) and Danielle Rivera (Associate-Los Angeles, CA) secured summary judgment on behalf of a ski resort in a high-exposure wrongful death lawsuit arising from a fatal chairlift accident. The decedent, an expert snowboarder, was riding alone on a chairlift when he fell 40 feet to the ground below and died from blunt force trauma. The subject chairlift was the only one at the resort not equipped with a restraint bar. The plaintiffs alleged that the fall resulted from the ski resort's grossly negligent installation, maintenance, and operation of the chairlift. Greg and Danielle moved for summary judgment based on the defense of express assumption of risk. In opposing the motion, the plaintiffs challenged the admissibility and enforceability of the decedent’s liability releases. Additionally, their expert testified that industry standards required the chairlift to be equipped with a restraint bar, and that the installation would have prevented the decedent from falling. The San Bernardino Superior Court agreed with Greg and Danielle, finding that one of the decedent’s liability releases was admissible and enforceable and that the testimony of the plaintiffs’ expert was insufficient to overcome the defense of express assumption of risk.  
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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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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
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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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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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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Client Wins
Atlanta Team Secures Settlement at a Fraction of Plaintiff's Eight-figure Demand
Michael Manfredi (Partner–Atlanta, GA), Kristina Thompson (Of Counsel–Atlanta, GA), and Jennifer Sands (Associate–Atlanta, GA​​) secured a significant defense outcome in a premises liability case arising from a shooting on the defendants' apartment-style residential property. The plaintiff sustained gunshot wounds to his lower extremities and faces a potential future amputation. His initial demand was for $30 million, and he filed suit against our insured clients in Gwinnett County State Court. The Atlanta defense team vigorously defended the case through discovery and contentious motions practice, maintaining that the plaintiff's injuries resulted from unforeseeable third-party criminal acts for which the property owner and management are not liable. Despite substantial resistance from opposing counsel, the team successfully obtained the underlying criminal investigative files, which revealed numerous material inconsistencies – including lies and omissions - between the plaintiff's statements to law enforcement and his civil discovery responses and testimony. Based on these findings, the team filed a Motion for Sanctions for Discovery Abuses seeking dismissal of the Complaint. While the motion was pending, plaintiff's counsel reduced the demand from $30 million to $3 million, which was one-tenth of the initial demand. The case ultimately resolved for an amount below that reduced figure.
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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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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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Client Wins
Lee and Rivera Prevail on Summary Judgment for Ski Resort in Wrongful Death Action
Gregory Lee (Partner-Los Angeles, CA) and Danielle Rivera (Associate-Los Angeles, CA) secured summary judgment on behalf of a ski resort in a high-exposure wrongful death lawsuit arising from a fatal chairlift accident. The decedent, an expert snowboarder, was riding alone on a chairlift when he fell 40 feet to the ground below and died from blunt force trauma. The subject chairlift was the only one at the resort not equipped with a restraint bar. The plaintiffs alleged that the fall resulted from the ski resort's grossly negligent installation, maintenance, and operation of the chairlift. Greg and Danielle moved for summary judgment based on the defense of express assumption of risk. In opposing the motion, the plaintiffs challenged the admissibility and enforceability of the decedent’s liability releases. Additionally, their expert testified that industry standards required the chairlift to be equipped with a restraint bar, and that the installation would have prevented the decedent from falling. The San Bernardino Superior Court agreed with Greg and Danielle, finding that one of the decedent’s liability releases was admissible and enforceable and that the testimony of the plaintiffs’ expert was insufficient to overcome the defense of express assumption of risk.  
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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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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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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
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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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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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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Client Wins
Atlanta Team Secures Settlement at a Fraction of Plaintiff's Eight-figure Demand
Michael Manfredi (Partner–Atlanta, GA), Kristina Thompson (Of Counsel–Atlanta, GA), and Jennifer Sands (Associate–Atlanta, GA​​) secured a significant defense outcome in a premises liability case arising from a shooting on the defendants' apartment-style residential property. The plaintiff sustained gunshot wounds to his lower extremities and faces a potential future amputation. His initial demand was for $30 million, and he filed suit against our insured clients in Gwinnett County State Court. The Atlanta defense team vigorously defended the case through discovery and contentious motions practice, maintaining that the plaintiff's injuries resulted from unforeseeable third-party criminal acts for which the property owner and management are not liable. Despite substantial resistance from opposing counsel, the team successfully obtained the underlying criminal investigative files, which revealed numerous material inconsistencies – including lies and omissions - between the plaintiff's statements to law enforcement and his civil discovery responses and testimony. Based on these findings, the team filed a Motion for Sanctions for Discovery Abuses seeking dismissal of the Complaint. While the motion was pending, plaintiff's counsel reduced the demand from $30 million to $3 million, which was one-tenth of the initial demand. The case ultimately resolved for an amount below that reduced figure.
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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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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
Client Wins
Lee and Rivera Prevail on Summary Judgment for Ski Resort in Wrongful Death Action
Gregory Lee (Partner-Los Angeles, CA) and Danielle Rivera (Associate-Los Angeles, CA) secured summary judgment on behalf of a ski resort in a high-exposure wrongful death lawsuit arising from a fatal chairlift accident. The decedent, an expert snowboarder, was riding alone on a chairlift when he fell 40 feet to the ground below and died from blunt force trauma. The subject chairlift was the only one at the resort not equipped with a restraint bar. The plaintiffs alleged that the fall resulted from the ski resort's grossly negligent installation, maintenance, and operation of the chairlift. Greg and Danielle moved for summary judgment based on the defense of express assumption of risk. In opposing the motion, the plaintiffs challenged the admissibility and enforceability of the decedent’s liability releases. Additionally, their expert testified that industry standards required the chairlift to be equipped with a restraint bar, and that the installation would have prevented the decedent from falling. The San Bernardino Superior Court agreed with Greg and Danielle, finding that one of the decedent’s liability releases was admissible and enforceable and that the testimony of the plaintiffs’ expert was insufficient to overcome the defense of express assumption of risk.  
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
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
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
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
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