Ericson W. Enger

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.”

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.

Denise Motta (Of Counsel-Louisville, KY) and Andrew-John Bokeno (Associate-Louisville, KY) obtained summary judgment and dismissal of Wilson Elser’s client, a roofing and sheet metal company, in an arbitration arising from a construction defect claim. The property owner alleged that our client negligently installed and repaired the roof of three apartment buildings, resulting in leaks and a partial collapse of the parapet wall. The owner further alleged damages exceeding $1.7 million. Denise and AJ argued that the owner's claims were barred by the 5-year statute of limitations and the economic loss doctrine. The arbitrator agreed and dismissed the owner's claims.

New York, NY — National law firm Wilson Elser today announced the recipient of the 2026–2027 Thomas W. Wilson Sr. Scholarship, named for the firm’s Chair Emeritus, a founding member of the firm.  This year’s recipient is Amaya Lester, daughter of Weinstock St Fleur, IT Regional Supervisor for the firm’s New York office. The scholarship consists of $10,000 per year for up to four years or upon graduation, whichever occurs first, at an accredited college or university. “We are pleased to continue the firm’s scholarship in honor of Thomas W. Wilson Sr. for the 2026–2027 year,” said Danial McMahon, the firm’s chairman. “Amaya truly embodies the values that the Thomas W. Wilson Sr. Scholarship was established to honor. We are delighted to recognize her exceptional achievements and commitment to making a positive impact in her community. It is my pleasure to congratulate Weinstock, Amaya, and their family.” Amaya is a senior at Mercer County Technical Schools Health Sciences Academy in Trenton, New Jersey. She is a member of the National Honor Society and the National Technical Honor Society and has dedicated four years to her school's swim team while remaining actively involved in various school clubs. Deeply committed to community service, Amaya volunteers through her school's Red Cross Chapter and serves as a Student Ambassador at Mercer County Technical Schools. She is also a member of Glamour Girls, a group that visits nursing homes to build meaningful connections with elderly individuals, and she regularly volunteers at her church. Demonstrating both initiative and leadership, Amaya founded the Green Paws: Veterinary and Environmental Club at her school, inspiring her peers to make a meaningful impact on animal welfare and environmental stewardship. This initiative reflects her passion for these causes – interests she will continue to pursue as she begins her studies in Veterinary Science at Rowan University this fall. About the Thomas W. Wilson Sr. Scholarship Program In 2010, the firm's partnership established the Thomas W. Wilson Sr. Scholarship Program to support the college education of selected award recipients who are children of current, full-time Wilson Elser employees. The scholarship consists of $10,000 per year for up to four years or graduation, whichever occurs first, at an accredited college or university.

Denise M. Motta (Of Counsel-Louisville, KY) was elected as Vice Chair of the Alternative Dispute Resolution Section of the Kentucky Bar Association with a term beginning June 31, 2026, and continuing through 2028. Denise is currently the Chair of the Alternative Dispute Resolution Committee for DRI, is a Panel Member for the American Arbitration Association (Construction and Commercial), and regularly serves as a mediator and arbitrator.

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.

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)

Denise Motta (Of Counsel-Louisville, KY) and Sarah Gerkins (Associate-Nashville, TN) secured summary judgment in the First Circuit Court for Davidson County, Tennessee, on behalf of Wilson Elser’s property holding company client. This highly contentious case involved a breach of the lease agreement and an eviction proceeding. Denise and Sarah moved for summary judgment on counterclaims asserted by the tenant-defendant, which included breach of the duty of good faith and fair dealing, breach of the implied duty of quiet enjoyment, estoppel, and unjust enrichment. After hearings that spanned three weeks, the court granted summary judgment, finding that the defendant-tenant “has not submitted evidence sufficient to create a general issue of material fact in relation to the elements necessary to prove its counterclaims.”

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.

Gregory McGroarty (Of Counsel-Madison, NJ) will moderate the New Jersey Defense Association’s webinar “Using Experts to Defend BI and Business Interruption Claims,” on May 1, 2026. Greg, alongside industry professionals from YA Group, MC Consultants, and Rimkus, will offer practical insights on evaluating and defending common claims that can disrupt business operations. Topics covered include premises liability strategies for slip-and-fall accidents, injury considerations in low-speed motor vehicle accidents, and the effective assessment of business property damage and interruption claims.

Denise Motta (Of Counsel-Louisville, KY) and Andrew-John Bokeno (Associate-Louisville, KY) obtained summary judgment and dismissal of Wilson Elser’s client, a roofing and sheet metal company, in an arbitration arising from a construction defect claim. The property owner alleged that our client negligently installed and repaired the roof of three apartment buildings, resulting in leaks and a partial collapse of the parapet wall. The owner further alleged damages exceeding $1.7 million. Denise and AJ argued that the owner's claims were barred by the 5-year statute of limitations and the economic loss doctrine. The arbitrator agreed and dismissed the owner's claims.

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.

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.”

New York, NY — National law firm Wilson Elser today announced the recipient of the 2026–2027 Thomas W. Wilson Sr. Scholarship, named for the firm’s Chair Emeritus, a founding member of the firm.  This year’s recipient is Amaya Lester, daughter of Weinstock St Fleur, IT Regional Supervisor for the firm’s New York office. The scholarship consists of $10,000 per year for up to four years or upon graduation, whichever occurs first, at an accredited college or university. “We are pleased to continue the firm’s scholarship in honor of Thomas W. Wilson Sr. for the 2026–2027 year,” said Danial McMahon, the firm’s chairman. “Amaya truly embodies the values that the Thomas W. Wilson Sr. Scholarship was established to honor. We are delighted to recognize her exceptional achievements and commitment to making a positive impact in her community. It is my pleasure to congratulate Weinstock, Amaya, and their family.” Amaya is a senior at Mercer County Technical Schools Health Sciences Academy in Trenton, New Jersey. She is a member of the National Honor Society and the National Technical Honor Society and has dedicated four years to her school's swim team while remaining actively involved in various school clubs. Deeply committed to community service, Amaya volunteers through her school's Red Cross Chapter and serves as a Student Ambassador at Mercer County Technical Schools. She is also a member of Glamour Girls, a group that visits nursing homes to build meaningful connections with elderly individuals, and she regularly volunteers at her church. Demonstrating both initiative and leadership, Amaya founded the Green Paws: Veterinary and Environmental Club at her school, inspiring her peers to make a meaningful impact on animal welfare and environmental stewardship. This initiative reflects her passion for these causes – interests she will continue to pursue as she begins her studies in Veterinary Science at Rowan University this fall. About the Thomas W. Wilson Sr. Scholarship Program In 2010, the firm's partnership established the Thomas W. Wilson Sr. Scholarship Program to support the college education of selected award recipients who are children of current, full-time Wilson Elser employees. The scholarship consists of $10,000 per year for up to four years or graduation, whichever occurs first, at an accredited college or university.

Denise M. Motta (Of Counsel-Louisville, KY) was elected as Vice Chair of the Alternative Dispute Resolution Section of the Kentucky Bar Association with a term beginning June 31, 2026, and continuing through 2028. Denise is currently the Chair of the Alternative Dispute Resolution Committee for DRI, is a Panel Member for the American Arbitration Association (Construction and Commercial), and regularly serves as a mediator and arbitrator.

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.

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)

Denise Motta (Of Counsel-Louisville, KY) and Sarah Gerkins (Associate-Nashville, TN) secured summary judgment in the First Circuit Court for Davidson County, Tennessee, on behalf of Wilson Elser’s property holding company client. This highly contentious case involved a breach of the lease agreement and an eviction proceeding. Denise and Sarah moved for summary judgment on counterclaims asserted by the tenant-defendant, which included breach of the duty of good faith and fair dealing, breach of the implied duty of quiet enjoyment, estoppel, and unjust enrichment. After hearings that spanned three weeks, the court granted summary judgment, finding that the defendant-tenant “has not submitted evidence sufficient to create a general issue of material fact in relation to the elements necessary to prove its counterclaims.”

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.

Gregory McGroarty (Of Counsel-Madison, NJ) will moderate the New Jersey Defense Association’s webinar “Using Experts to Defend BI and Business Interruption Claims,” on May 1, 2026. Greg, alongside industry professionals from YA Group, MC Consultants, and Rimkus, will offer practical insights on evaluating and defending common claims that can disrupt business operations. Topics covered include premises liability strategies for slip-and-fall accidents, injury considerations in low-speed motor vehicle accidents, and the effective assessment of business property damage and interruption claims.

Denise Motta (Of Counsel-Louisville, KY) and Andrew-John Bokeno (Associate-Louisville, KY) obtained summary judgment and dismissal of Wilson Elser’s client, a roofing and sheet metal company, in an arbitration arising from a construction defect claim. The property owner alleged that our client negligently installed and repaired the roof of three apartment buildings, resulting in leaks and a partial collapse of the parapet wall. The owner further alleged damages exceeding $1.7 million. Denise and AJ argued that the owner's claims were barred by the 5-year statute of limitations and the economic loss doctrine. The arbitrator agreed and dismissed the owner's claims.

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.

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.”

New York, NY — National law firm Wilson Elser today announced the recipient of the 2026–2027 Thomas W. Wilson Sr. Scholarship, named for the firm’s Chair Emeritus, a founding member of the firm.  This year’s recipient is Amaya Lester, daughter of Weinstock St Fleur, IT Regional Supervisor for the firm’s New York office. The scholarship consists of $10,000 per year for up to four years or upon graduation, whichever occurs first, at an accredited college or university. “We are pleased to continue the firm’s scholarship in honor of Thomas W. Wilson Sr. for the 2026–2027 year,” said Danial McMahon, the firm’s chairman. “Amaya truly embodies the values that the Thomas W. Wilson Sr. Scholarship was established to honor. We are delighted to recognize her exceptional achievements and commitment to making a positive impact in her community. It is my pleasure to congratulate Weinstock, Amaya, and their family.” Amaya is a senior at Mercer County Technical Schools Health Sciences Academy in Trenton, New Jersey. She is a member of the National Honor Society and the National Technical Honor Society and has dedicated four years to her school's swim team while remaining actively involved in various school clubs. Deeply committed to community service, Amaya volunteers through her school's Red Cross Chapter and serves as a Student Ambassador at Mercer County Technical Schools. She is also a member of Glamour Girls, a group that visits nursing homes to build meaningful connections with elderly individuals, and she regularly volunteers at her church. Demonstrating both initiative and leadership, Amaya founded the Green Paws: Veterinary and Environmental Club at her school, inspiring her peers to make a meaningful impact on animal welfare and environmental stewardship. This initiative reflects her passion for these causes – interests she will continue to pursue as she begins her studies in Veterinary Science at Rowan University this fall. About the Thomas W. Wilson Sr. Scholarship Program In 2010, the firm's partnership established the Thomas W. Wilson Sr. Scholarship Program to support the college education of selected award recipients who are children of current, full-time Wilson Elser employees. The scholarship consists of $10,000 per year for up to four years or graduation, whichever occurs first, at an accredited college or university.

Denise M. Motta (Of Counsel-Louisville, KY) was elected as Vice Chair of the Alternative Dispute Resolution Section of the Kentucky Bar Association with a term beginning June 31, 2026, and continuing through 2028. Denise is currently the Chair of the Alternative Dispute Resolution Committee for DRI, is a Panel Member for the American Arbitration Association (Construction and Commercial), and regularly serves as a mediator and arbitrator.

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.