Estee Rose

Justin St. Louis (Of Counsel-Washington, DC) authored “Virginia’s Med-Mal Damages Cap Remains in Place Pending Review,” appearing in the April 13, 2026, posting of Virginia Lawyers Weekly. The article explains how Virginia lawmakers ultimately pulled back from a sweeping overhaul of medical malpractice law, opting instead for a more measured approach that preserves the current damages cap for now – while laying groundwork for future changes. Although earlier versions of SB 536 proposed dramatic increases to liability exposure (including doubling the cap and expanding claim timelines), the reconciled bill focuses on mandatory data reporting by insurers and self-insured hospitals to better inform future policy decisions. Justin highlights that, in the short term, this is a win for hospitals and health systems because “the existing damages cap schedule remains intact, and the malpractice liability exposure is unchanged for the foreseeable future.” However, the new disclosure requirements signal that lawmakers are preparing for renewed debate, Justin noting that the reporting framework is “an interim, data-gathering mechanism designed to inform – and likely precede – a future legislative overhaul of the cap.”

Kimberly Nelson (Associate-Las Vegas) has been appointed to the Board of Directors for the Las Vegas Defense Lawyers (LVDL) organization, where she’ll serve a two-year term. LVDL is an affinity bar for local civil defense lawyers. It provides a forum for professional development and mutual education through the exchange of ideas among counsel practicing in Las Vegas and throughout Clark County. LVDL is also committed to promoting cooperation, professionalism, and civility within the legal community while enhancing its members' skills and effectiveness.

Matthew Foree (Of Counsel-Atlanta, GA) will present the Wilson Elser Forum webinar “The Changing Nature of Defending Class Actions in 2026” on April 21, 2026. This session examines the trends, judicial shifts, and emerging risks shaping class action defense in 2026. Matt will discuss how technology and recent rule and case-filing changes are transforming defense strategy, explore new approaches for managing exposure and leverage, and offer practical tactics for navigating a faster, more outcome- and data-driven litigation environment.

Gary Pancer (Partner-Los Angeles, CA), Kelley Harman (Of Counsel-Los Angeles, CA), and Aria Aghalarpour (Associate-Los Angeles, CA) of Wilson Elser secured a complete defense verdict in Los Angeles County Superior Court, Santa Monica, on behalf of their client, The Peninsula Beverly Hills (the "Hotel"). The verdict followed a three-week-long jury trial, preceded by two weeks of extensive pre-trial motion practice and jury selection. General Counsel for the Hotel's owner, Michael Tenner, was present throughout the entirety of the proceedings. Plaintiff, a 68-year-old woman, claimed that she ordered a decaffeinated iced tea at the Hotel's Roof Garden restaurant at lunch on January 30, 2021, but was allegedly served caffeinated tea. At trial, the plaintiff attempted to establish liability through testimony from family members who were present at the lunch, as well as a friend who had worked at the Hotel for 17 years. Wilson Elser presented testimony from Hotel leadership, including the former Assistant Director of Food and Beverage, the Hotel Manager, and the Managing Director, establishing clear, reliable beverage service protocols that were followed, including the use of separate containers and visual markers to distinguish decaffeinated beverages. Plaintiff relied on expert testimony from a physician who opined that caffeine consumption caused plaintiff's cardiac symptoms. We countered with expert analysis by a research cardiologist and electrophysiology expert, who explained that it is medically implausible for a single instance of alleged caffeine consumption to reverse an ablation or cause long-term arrhythmias, and that no physiological basis supports the plaintiff's theory. After approximately two hours of deliberation, the jury returned a defense verdict, finding The Peninsula Beverly Hills was not negligent. Notably, the jury resolved the case at the first question on the verdict form and never reached the issue of causation. Post-verdict discussions confirmed the jury would have unanimously found for the defense on causation as well. The hotel is pursuing recovery of substantial expert fees and litigation costs in excess of $200,000.

Jana Farmer (Partner-White Plains, NY), Dara Elpren (Associate-New York, NY), and Adam Buchwalter (Partner-Madison, NJ) coauthored the April 14, 2026, update of “Art & Cultural Property Law 2026,” a global practice guide published by Chambers and Partners USA. The practice guide is prepared for general audiences and discusses topics that those interested in familiarizing themselves with U.S. Art Law would want to know. The Wilson Elser team provides a comprehensive overview of key areas of art and cultural property law, including artists’ rights over their work, plagiarism and copyright infringement, art authentication, cultural heritage and its protection, art sales (including the roles of art advisers and auction houses), photography and related legal protection, NFTs, and art inheritance and the tax implications of gifts and trusts. The guide remains a vital resource for general counsel and senior management, with contributors recognized among the top practitioners in their respective fields.

Cav. Nicholas R. Caiazzo (Partner-New York, NY) was named a recipient of the annual 2026 Long Island HERALD Top Lawyers of Long Island Award, which recognizes outstanding leaders in the legal profession across Long Island. Nick will be honored in the category of Complex Tort and General Casualty/Trial Attorney alongside fellow award recipients at the HERALD Top Lawyers of Long Island Awards Gala on April 22, 2026, at the Heritage Club at Bethpage in Farmingdale, New York. The annual awards highlight the vital role attorneys play in society, serving as defenders of justice, protectors of individual rights, and facilitators of legal processes. Through their advocacy and community involvement, these professionals promote accountability, safeguard civil liberties, and uphold the rule of law, making them indispensable to maintaining a just society.

Oregon’s Court of Appeals reversed a jury verdict that held PacifiCorp liable for various wildfires that burned over Labor Day weekend of 2020. The case centered on four different wildfires: the 242 Fire, Echo Mountain Complex Fire, South Obenchain Fire, and Santiam Canyon Fire—spanning over 2,000 parcels separated by over 100 miles. Plaintiffs who were affected by the fires brought a class action against PacifiCorp. The liability portion was tried first, and a jury determined that PacifiCorp “engaged in tortious acts or omissions in relation to certain of those wildfires….”  This liability verdict was reversed based on an erroneous jury instruction. The trial court had instructed the jury that it could “assume that the evidence at the trial applies to all class members.” The instruction was deemed erroneous in the context of this class action “because certain evidence at trial, particularly related to causation, did not necessarily apply to every class member,” held the Court of Appeals. Prejudice to PacifiCorp based on this error was established, and the verdict was reversed. This decision has significant implications. First, this may not be the end of the liability appeals as plaintiffs could seek further review from Oregon’s Supreme Court. Second, as reported by Oregon Public Broadcasting, the damages portion of the case is ongoing and more than 160 damages trials have been scheduled through 2027. Some damages trials have already concluded. With liability now in doubt, these damages trials may be delayed further.

Stephanie Yee (Associate-San Francisco, CA) and Peter Catalanotti (Partner-San Francisco, CA) secured dismissal of a highly contested legal malpractice action in the U.S. District Court, Northern District of California, on a special motion to strike (anti-SLAPP) filed on behalf of Wilson Elser’s attorney clients. In support of their motion, Stephanie and Peter successfully argued that the attorneys’ conduct constituted protected speech and warranted dismissal at the pleading stage. After taking the motion under submission for many months, the judge dismissed all claims against our clients and set a briefing schedule for an attorney’s fees motion.

David Ross (Partner-Washington, DC) will present the Wilson Elser Forum webinar “The Inclusion of Uninjured Members in Certified Class Actions” on April 23, 2026. This session addresses standing and predominance challenges, damages models, and the procedural complexities that arise when a certified class includes individuals who may not have suffered cognizable harm. David will analyze current case law, explore strategies for certification and decertification motions, and discuss practical solutions for managing these issues at trial.

Brian Myers (Of Counsel-Washington, DC) will present the Wilson Elser Forum webinar “Class Action Settlements: Legal Issues and Practical Mechanics” on April 22, 2026. This session provides a comprehensive overview of the settlement process, from negotiation protocols and structuring class benefits to satisfying fairness requirements, managing notice obligations, and addressing attorney fee methodologies. Brian will offer guidance on surviving objections and avoiding common procedural pitfalls that can derail even well-negotiated resolutions.

Matthew Foree (Of Counsel-Atlanta, GA) will present the Wilson Elser Forum webinar “The Changing Nature of Defending Class Actions in 2026” on April 21, 2026. This session examines the trends, judicial shifts, and emerging risks shaping class action defense in 2026. Matt will discuss how technology and recent rule and case-filing changes are transforming defense strategy, explore new approaches for managing exposure and leverage, and offer practical tactics for navigating a faster, more outcome- and data-driven litigation environment.

Kimberly Nelson (Associate-Las Vegas) has been appointed to the Board of Directors for the Las Vegas Defense Lawyers (LVDL) organization, where she’ll serve a two-year term. LVDL is an affinity bar for local civil defense lawyers. It provides a forum for professional development and mutual education through the exchange of ideas among counsel practicing in Las Vegas and throughout Clark County. LVDL is also committed to promoting cooperation, professionalism, and civility within the legal community while enhancing its members' skills and effectiveness.

Justin St. Louis (Of Counsel-Washington, DC) authored “Virginia’s Med-Mal Damages Cap Remains in Place Pending Review,” appearing in the April 13, 2026, posting of Virginia Lawyers Weekly. The article explains how Virginia lawmakers ultimately pulled back from a sweeping overhaul of medical malpractice law, opting instead for a more measured approach that preserves the current damages cap for now – while laying groundwork for future changes. Although earlier versions of SB 536 proposed dramatic increases to liability exposure (including doubling the cap and expanding claim timelines), the reconciled bill focuses on mandatory data reporting by insurers and self-insured hospitals to better inform future policy decisions. Justin highlights that, in the short term, this is a win for hospitals and health systems because “the existing damages cap schedule remains intact, and the malpractice liability exposure is unchanged for the foreseeable future.” However, the new disclosure requirements signal that lawmakers are preparing for renewed debate, Justin noting that the reporting framework is “an interim, data-gathering mechanism designed to inform – and likely precede – a future legislative overhaul of the cap.”

Gary Pancer (Partner-Los Angeles, CA), Kelley Harman (Of Counsel-Los Angeles, CA), and Aria Aghalarpour (Associate-Los Angeles, CA) of Wilson Elser secured a complete defense verdict in Los Angeles County Superior Court, Santa Monica, on behalf of their client, The Peninsula Beverly Hills (the "Hotel"). The verdict followed a three-week-long jury trial, preceded by two weeks of extensive pre-trial motion practice and jury selection. General Counsel for the Hotel's owner, Michael Tenner, was present throughout the entirety of the proceedings. Plaintiff, a 68-year-old woman, claimed that she ordered a decaffeinated iced tea at the Hotel's Roof Garden restaurant at lunch on January 30, 2021, but was allegedly served caffeinated tea. At trial, the plaintiff attempted to establish liability through testimony from family members who were present at the lunch, as well as a friend who had worked at the Hotel for 17 years. Wilson Elser presented testimony from Hotel leadership, including the former Assistant Director of Food and Beverage, the Hotel Manager, and the Managing Director, establishing clear, reliable beverage service protocols that were followed, including the use of separate containers and visual markers to distinguish decaffeinated beverages. Plaintiff relied on expert testimony from a physician who opined that caffeine consumption caused plaintiff's cardiac symptoms. We countered with expert analysis by a research cardiologist and electrophysiology expert, who explained that it is medically implausible for a single instance of alleged caffeine consumption to reverse an ablation or cause long-term arrhythmias, and that no physiological basis supports the plaintiff's theory. After approximately two hours of deliberation, the jury returned a defense verdict, finding The Peninsula Beverly Hills was not negligent. Notably, the jury resolved the case at the first question on the verdict form and never reached the issue of causation. Post-verdict discussions confirmed the jury would have unanimously found for the defense on causation as well. The hotel is pursuing recovery of substantial expert fees and litigation costs in excess of $200,000.

Jana Farmer (Partner-White Plains, NY), Dara Elpren (Associate-New York, NY), and Adam Buchwalter (Partner-Madison, NJ) coauthored the April 14, 2026, update of “Art & Cultural Property Law 2026,” a global practice guide published by Chambers and Partners USA. The practice guide is prepared for general audiences and discusses topics that those interested in familiarizing themselves with U.S. Art Law would want to know. The Wilson Elser team provides a comprehensive overview of key areas of art and cultural property law, including artists’ rights over their work, plagiarism and copyright infringement, art authentication, cultural heritage and its protection, art sales (including the roles of art advisers and auction houses), photography and related legal protection, NFTs, and art inheritance and the tax implications of gifts and trusts. The guide remains a vital resource for general counsel and senior management, with contributors recognized among the top practitioners in their respective fields.

Cav. Nicholas R. Caiazzo (Partner-New York, NY) was named a recipient of the annual 2026 Long Island HERALD Top Lawyers of Long Island Award, which recognizes outstanding leaders in the legal profession across Long Island. Nick will be honored in the category of Complex Tort and General Casualty/Trial Attorney alongside fellow award recipients at the HERALD Top Lawyers of Long Island Awards Gala on April 22, 2026, at the Heritage Club at Bethpage in Farmingdale, New York. The annual awards highlight the vital role attorneys play in society, serving as defenders of justice, protectors of individual rights, and facilitators of legal processes. Through their advocacy and community involvement, these professionals promote accountability, safeguard civil liberties, and uphold the rule of law, making them indispensable to maintaining a just society.

Oregon’s Court of Appeals reversed a jury verdict that held PacifiCorp liable for various wildfires that burned over Labor Day weekend of 2020. The case centered on four different wildfires: the 242 Fire, Echo Mountain Complex Fire, South Obenchain Fire, and Santiam Canyon Fire—spanning over 2,000 parcels separated by over 100 miles. Plaintiffs who were affected by the fires brought a class action against PacifiCorp. The liability portion was tried first, and a jury determined that PacifiCorp “engaged in tortious acts or omissions in relation to certain of those wildfires….”  This liability verdict was reversed based on an erroneous jury instruction. The trial court had instructed the jury that it could “assume that the evidence at the trial applies to all class members.” The instruction was deemed erroneous in the context of this class action “because certain evidence at trial, particularly related to causation, did not necessarily apply to every class member,” held the Court of Appeals. Prejudice to PacifiCorp based on this error was established, and the verdict was reversed. This decision has significant implications. First, this may not be the end of the liability appeals as plaintiffs could seek further review from Oregon’s Supreme Court. Second, as reported by Oregon Public Broadcasting, the damages portion of the case is ongoing and more than 160 damages trials have been scheduled through 2027. Some damages trials have already concluded. With liability now in doubt, these damages trials may be delayed further.

Stephanie Yee (Associate-San Francisco, CA) and Peter Catalanotti (Partner-San Francisco, CA) secured dismissal of a highly contested legal malpractice action in the U.S. District Court, Northern District of California, on a special motion to strike (anti-SLAPP) filed on behalf of Wilson Elser’s attorney clients. In support of their motion, Stephanie and Peter successfully argued that the attorneys’ conduct constituted protected speech and warranted dismissal at the pleading stage. After taking the motion under submission for many months, the judge dismissed all claims against our clients and set a briefing schedule for an attorney’s fees motion.

David Ross (Partner-Washington, DC) will present the Wilson Elser Forum webinar “The Inclusion of Uninjured Members in Certified Class Actions” on April 23, 2026. This session addresses standing and predominance challenges, damages models, and the procedural complexities that arise when a certified class includes individuals who may not have suffered cognizable harm. David will analyze current case law, explore strategies for certification and decertification motions, and discuss practical solutions for managing these issues at trial.

Brian Myers (Of Counsel-Washington, DC) will present the Wilson Elser Forum webinar “Class Action Settlements: Legal Issues and Practical Mechanics” on April 22, 2026. This session provides a comprehensive overview of the settlement process, from negotiation protocols and structuring class benefits to satisfying fairness requirements, managing notice obligations, and addressing attorney fee methodologies. Brian will offer guidance on surviving objections and avoiding common procedural pitfalls that can derail even well-negotiated resolutions.

Matthew Foree (Of Counsel-Atlanta, GA) will present the Wilson Elser Forum webinar “The Changing Nature of Defending Class Actions in 2026” on April 21, 2026. This session examines the trends, judicial shifts, and emerging risks shaping class action defense in 2026. Matt will discuss how technology and recent rule and case-filing changes are transforming defense strategy, explore new approaches for managing exposure and leverage, and offer practical tactics for navigating a faster, more outcome- and data-driven litigation environment.

Kimberly Nelson (Associate-Las Vegas) has been appointed to the Board of Directors for the Las Vegas Defense Lawyers (LVDL) organization, where she’ll serve a two-year term. LVDL is an affinity bar for local civil defense lawyers. It provides a forum for professional development and mutual education through the exchange of ideas among counsel practicing in Las Vegas and throughout Clark County. LVDL is also committed to promoting cooperation, professionalism, and civility within the legal community while enhancing its members' skills and effectiveness.

Justin St. Louis (Of Counsel-Washington, DC) authored “Virginia’s Med-Mal Damages Cap Remains in Place Pending Review,” appearing in the April 13, 2026, posting of Virginia Lawyers Weekly. The article explains how Virginia lawmakers ultimately pulled back from a sweeping overhaul of medical malpractice law, opting instead for a more measured approach that preserves the current damages cap for now – while laying groundwork for future changes. Although earlier versions of SB 536 proposed dramatic increases to liability exposure (including doubling the cap and expanding claim timelines), the reconciled bill focuses on mandatory data reporting by insurers and self-insured hospitals to better inform future policy decisions. Justin highlights that, in the short term, this is a win for hospitals and health systems because “the existing damages cap schedule remains intact, and the malpractice liability exposure is unchanged for the foreseeable future.” However, the new disclosure requirements signal that lawmakers are preparing for renewed debate, Justin noting that the reporting framework is “an interim, data-gathering mechanism designed to inform – and likely precede – a future legislative overhaul of the cap.”

Gary Pancer (Partner-Los Angeles, CA), Kelley Harman (Of Counsel-Los Angeles, CA), and Aria Aghalarpour (Associate-Los Angeles, CA) of Wilson Elser secured a complete defense verdict in Los Angeles County Superior Court, Santa Monica, on behalf of their client, The Peninsula Beverly Hills (the "Hotel"). The verdict followed a three-week-long jury trial, preceded by two weeks of extensive pre-trial motion practice and jury selection. General Counsel for the Hotel's owner, Michael Tenner, was present throughout the entirety of the proceedings. Plaintiff, a 68-year-old woman, claimed that she ordered a decaffeinated iced tea at the Hotel's Roof Garden restaurant at lunch on January 30, 2021, but was allegedly served caffeinated tea. At trial, the plaintiff attempted to establish liability through testimony from family members who were present at the lunch, as well as a friend who had worked at the Hotel for 17 years. Wilson Elser presented testimony from Hotel leadership, including the former Assistant Director of Food and Beverage, the Hotel Manager, and the Managing Director, establishing clear, reliable beverage service protocols that were followed, including the use of separate containers and visual markers to distinguish decaffeinated beverages. Plaintiff relied on expert testimony from a physician who opined that caffeine consumption caused plaintiff's cardiac symptoms. We countered with expert analysis by a research cardiologist and electrophysiology expert, who explained that it is medically implausible for a single instance of alleged caffeine consumption to reverse an ablation or cause long-term arrhythmias, and that no physiological basis supports the plaintiff's theory. After approximately two hours of deliberation, the jury returned a defense verdict, finding The Peninsula Beverly Hills was not negligent. Notably, the jury resolved the case at the first question on the verdict form and never reached the issue of causation. Post-verdict discussions confirmed the jury would have unanimously found for the defense on causation as well. The hotel is pursuing recovery of substantial expert fees and litigation costs in excess of $200,000.

Jana Farmer (Partner-White Plains, NY), Dara Elpren (Associate-New York, NY), and Adam Buchwalter (Partner-Madison, NJ) coauthored the April 14, 2026, update of “Art & Cultural Property Law 2026,” a global practice guide published by Chambers and Partners USA. The practice guide is prepared for general audiences and discusses topics that those interested in familiarizing themselves with U.S. Art Law would want to know. The Wilson Elser team provides a comprehensive overview of key areas of art and cultural property law, including artists’ rights over their work, plagiarism and copyright infringement, art authentication, cultural heritage and its protection, art sales (including the roles of art advisers and auction houses), photography and related legal protection, NFTs, and art inheritance and the tax implications of gifts and trusts. The guide remains a vital resource for general counsel and senior management, with contributors recognized among the top practitioners in their respective fields.

Cav. Nicholas R. Caiazzo (Partner-New York, NY) was named a recipient of the annual 2026 Long Island HERALD Top Lawyers of Long Island Award, which recognizes outstanding leaders in the legal profession across Long Island. Nick will be honored in the category of Complex Tort and General Casualty/Trial Attorney alongside fellow award recipients at the HERALD Top Lawyers of Long Island Awards Gala on April 22, 2026, at the Heritage Club at Bethpage in Farmingdale, New York. The annual awards highlight the vital role attorneys play in society, serving as defenders of justice, protectors of individual rights, and facilitators of legal processes. Through their advocacy and community involvement, these professionals promote accountability, safeguard civil liberties, and uphold the rule of law, making them indispensable to maintaining a just society.