Events

Attorney Articles

Law360 Publishes Stewart and Tranen on Looming Federal Scrutiny of Cannabis Marketing Under Proposed Schedule III Reclassification

February 11, 2026 - Law360

Insights

Artificial Intelligence in E-Discovery: TAR 2.0, CAL, and the New Fault Lines of ESI Protocol Negotiation

January 22, 2026

Authors: Ian A. Stewart and Adam Wayne

Insights

Marijuana’s Move to Schedule III: What it Really Means for Cannabis Insurance

December 22, 2025

Author: Ian A. Stewart

Attorney Articles

CLM Publishes Article by Stewart on Cannabis’ Cardiovascular Risks

November / December 2025 - CLM Magazine

Insights

How Enforceable is the New Federal Ban on Intoxicating Hemp Products?

December 9, 2025

Author: Ian A. Stewart

Insights

What to Expect in the Wake of the Federal Hemp Product Ban

November 13, 2025

Author: Ian A. Stewart

Ian Stewart - Cannabis Law Hemp Insight

Attorney Articles

CLM Features Stewart Article on Cannabis Links to Heart Disease

October 22, 2025 - CLM Magazine

Insights

Product Liability Considerations for Cannabis and Cardiovascular Risks

October 15, 2025

Author: Ian A. Stewart

Attorney Articles

Law360 Publishes Stewart on Disclosure Lessons for U.S. Cannabis Companies

July 7, 2025 - Law360

Legal Analysis

Cybersecurity Compliance Handbook for Financial Institutions & Credit Unions

December 6, 2024

Insights

Proposed Cannabis Reschedule Sidesteps State Law Effects

May 29, 2024

Author: Ian A. Stewart

Attorney Articles

Law360 Publishes Stewart on the DOJ’s Proposed Rules to Move Marijuana to Schedule III of the CSA

May 28, 2024 - Law360

Insights

DOJ Confirms Moving Marijuana to Schedule III; Sidesteps Anticipated Impact on State Cannabis Markets

May 17, 2024

By Ian A. Stewart

Attorney Articles

Regulatory Compliance More Accessible for Cannabis, Hemp Insurance Market

February 15, 2024 - CLM Magazine

Insights

Regulatory Compliance Is Now More Accessible for the Cannabis and Hemp Insurance Market

February 7, 2024

Author: Ian A. Stewart

Insights

State Regs Sow Discord between Cannabis, Hemp Industries

October 25, 2023

Authors: Ian Stewart, Christine Hogan and Andrea Strain

Insights

Report to Congress Identifies Significant Implications of Marijuana Rescheduling

September 18, 2023

Author: Ian Stewart

Insights

Potential Marijuana Status Change Would Shift Industry Risks

September 6, 2023

Attorney Articles

Insurance Journal Features Article by Stewart on Washington’s Extreme Solution to Intoxicating Hemp Cannabinoids

July 25, 2023 - Insurance Journal

Insights

Washington State’s Aggressive Approach to Preventing Intoxicating Hemp Cannabinoids May Be Adopted in Other States

July 24, 2023

Ian Stewart - Washington State Cannabis Law Insight

Insights

What Cannabis Companies Must Know About Strict Product Liability

March 16, 2023

Attorney Articles

Law360 Publishes Stewart on Emerging Cannabis Product Risks

November 1, 2022 - Law360

Blogs

Cannabis and Hemp Companies Disregard Emerging Product Liability Risks at Their Peril

October 19, 2022

Insights

Cannabis and Hemp Companies Disregard Emerging Product Liability Risks at Their Peril

October 18, 2022

Attorney Articles

“California enacts legal protections for cannabis insurance providers”

October 3, 2022 - Thomson Reuters Westlaw Today

Insights

California Enacts Legal Protections for Cannabis Insurance Providers

September 28, 2022

Insights

Cannabis Insurance Comes of Age as Federal Uncertainty Persists

August 18, 2022

Insights

Minnesota Inadvertently Allows Unregulated Intoxicating Cannabis Edible Products

July 6, 2022

Insights

Ninth Circuit Rules Hemp-Derived Delta-8 THC Products Are Federally Legal, Creating Broad Implications for the Hemp, Marijuana and Insurance Industries

June 13, 2022

Insights

ESG Risks for Cannabis Companies Will Impact Directors and Officers

February 23, 2022

Events

News Briefs

The Legal 500 United States 2025 Selects Wilson Elser in Four Practice Areas

June 23, 2025

News Briefs

National Law Journal Quotes Stewart on Los Angeles Office Growth

June 5, 2025 - National Law Journal

Press Releases

Chambers USA 2025 Recognizes Eleven Wilson Elser Attorneys and Nine Practices 

June 5, 2025

News Briefs

Stewart Quoted on Slow and Steady Cannabis Coverage Growth

September 1, 2024

News Briefs

The Legal 500 United States 2024 Selects Wilson Elser Once Again in Three Practice Areas

June 17, 2024

Press Releases

Nine Wilson Elser Attorneys, Five Practices Ranked in Chambers USA for 2024

June 10, 2024

News Briefs

Stewart Quoted on Use of AI-Driven Analytics in Fraud Protection for CLM Alliance

March 5, 2024

News Briefs

Law360 Quotes Stewart on Coverage Options for the Cannabis Industry

August 30, 2023

Press Releases

The Legal 500 United States 2023 Selects Wilson Elser in Three Practice Areas

June 20, 2023

Press Releases

Chambers USA 2023 Guide Expands Wilson Elser Rankings, Adding Three Firm Practices and Two Individual Attorneys

June 1, 2023

News Briefs

Stewart Appears in BusinessInsurance.com Article on Rising Cannabis Industry Exposures

May 3, 2023

News Briefs

Business Insurance Queries Stewart on Plunging Cannabis Prices

February 16, 2023

News Briefs

Business Insurance Quotes Stewart on Challenges in the Cannabis Insurance Market

February 16, 2023

News Briefs

The National Law Review Recognizes Wilson Elser as a 2022 “Go-To Thought Leader”

December 20, 2022

News Briefs

Stewart Named by Global Top 200 Cannabis Lawyers, Third Edition 2022–2023

August 8, 2022

Press Releases

Chambers USA 2022 Guide Expands Wilson Elser Rankings, Naming Two Firm Practices and Six Individual Attorneys

June 2, 2022

News Briefs

Wilson Elser Nominated for Advisen’s Cyber Law Firm of the Year 2022 … Cast Your Vote Now!

May 6, 2022

News Briefs

NU Property Casualty360° Quotes Stewart on Burgeoning Cannabis Cyber Offerings

April 25, 2022

News Briefs

Wilson Elser Launches Cyber Class Action Defense Team

March 8, 2022

News Briefs

Insurance Post Quotes Stewart on Growing U.S. Cannabis Market

January 20, 2022

News Briefs

Stewart Named a National Law Review 2021 “Go-To Thought Leader"

January 4, 2022

News Briefs

Insurance Journal Interviews Stewart in Podcast on New California Law AB 45 on Cannabis Products

November 9, 2021

News Briefs

Stewart Selected to Global Top 200 Lawyers Directory 2021–2022, Published by Cannabis Law Report

September 13, 2021

News Briefs

Reuters Quotes Stewart on Cannabis Federal Legalization

August 24, 2021 - Reuters

News Briefs

Law.com Quotes Stewart on Justice Thomas’s Stance on Federal Marijuana Policy

July 7, 2021

News Briefs

Reuters Quotes Stewart on “Chilling Effect” of Georgia Supreme Court Cannabis Ruling

July 7, 2021

News Briefs

The Legal Intelligencer Quotes Stewart & Gay on Lifting Stigma/Changing Status Surrounding Cannabis Law Practices

May 26, 2021

Press Releases

Five Wilson Elser Attorneys Ranked in Chambers USA 2021 Guide

May 20, 2021

Press Releases

Chambers USA 2021 Guide Ranks Wilson Elser’s Cannabis Law Practice USA-Nationwide

May 20, 2021

News Briefs

Wilson Elser Assists the National Cannabis Risk Management Association with First-of-Its-Kind Cannabis Insurance Captive

April 29, 2021

Events

CCIA Risk Management Committee COVID-19 Webinar
When: March 25, 2020
Conference: California Cannabis Industry Association (CCIA)
People: Ian A. Stewart
Addressing the Illicit Cannabis Market through Public-Private Collaboration
When: February 19, 2020
Conference: The National Cannabis Industry Association (NCIA) and the NCIA Policy Council
People: Ian A. Stewart
Impact of Cannabis on Financial Services
When: February 12, 2020
Conference: Society of Financial Service Professionals
People: Ian A. Stewart
Dude, Prepare for Legalization: Cannabis and Professional Liability
When: November 12, 2109
Conference: PLUS (Professional Liability Underwriters Society)
People: Ian A. Stewart
Cannabis: Past, Present & Future | Cannabis Exposure: A Peek Down the Rabbit Hole
When: October 25, 2019
Conference: Business Insurance Cannabis & Hemp Conference
People: Ian A. Stewart
The Vape Situation: A Panel Discussion with Experts
When: October 15, 2019
Conference: California Cannabis Industry Association, Protecting Your Cannabis Business
People: Ian A. Stewart
Navigating Cannabis, Hemp and CBD Claims
When: September 24, 2019
Conference: International Association of Claim Professionals (IACP)
People: Ian A. Stewart
Ask the Experts: What You Need to Know about Cannabis
When: September 19, 2019
Conference: FC&S Expert Coverage Interpretation / ALM NU Property & Casualty
People: Ian A. Stewart
The Globalization of Cannabis, CBD, and Hemp: Opportunities and Challenges for Creating International Brands
When: July 23, 2019
Conference: NCIA Cannabis Business Summit and Expo, National Cannabis Industry Association
People: Ian A. Stewart
Medical Marijuana & Professional Liability
When: July 17, 2019
Conference: PLUS Insurance Industry Webinar
People: Ian A. Stewart
Unraveling the Legal Complexities of Hemp and CBD
When: July 10, 2019
Conference: Celesq AttorneysEd Center
People: Ian A. Stewart
Products Liability & Dram Shop Liability
When: June 27, 2019
Conference: Perrin Emerging Legal Trends in the Cannabis Industry Conference
People: Ian A. Stewart
Inside Look at Cannabis Risks and Insurance
When: June 12, 2019
Conference: Allied World
People: Ian A. Stewart
Growing Use and Acceptance of Cannabis: What Are the Implications?
When: May 31, 2019
Conference: Association for Healthcare Risk Management of New York, Inc.
People: Lori Rosen Semlies and Ian A. Stewart
Cannabis and Insurance: What You Need to Know About the Budding Business
When: May 15, 2019 | 10:00 a.m. PT / 1:00 p.m. ET
Conference: Cannabis and Insurance: What You Need to Know About the Budding Business (Insurance Journal and Cannasure Insurance Services)
People: Ian A. Stewart
Opioid Litigation & Liability Risks of Medical Cannabis
When: April 1-2, 2019
Conference: Crittenden Medical Insurance Conference
People: Lori Rosen Semlies, Ian A. Stewart and Daniel E. Tranen
Rocco on Product Liability & Insurance | Stewart on Ethical Considerations & Legalized Cannabis
When: March 29, 2019
Conference: The Seminar Group
People: Ian A. Stewart and Dean A. Rocco
Growing Forward: New Regulation of Market Expansion
When: Denver (March 19) and Los Angeles (March 28) 2019
Conference: Insurance Business America
People: Ian A. Stewart and Dean A. Rocco
Cannabis, CBD and Hemp Go Global – Opportunities for Insurance and Legal Professionals
When: March 14, 2019
Conference: CLM
People: Ian A. Stewart
Cannabis and Insurance: Assessing the Insurance Coverage, Regulation and Risk Management Implications
When: March 13, 2019
Conference: American Conference Institute (ACI)
People: Ian A. Stewart
Growing use and acceptance of cannabis … what are the implications?
When: February 28, 2019
Conference: Trans Re
People: Ian A. Stewart
Cannabis Legality, New Regulation and Insurance Reform
When: December 7, 2017
Conference: Insurance Business America
People: Christopher P. Flanagan and Ian A. Stewart

Events

Insights

Cannabis Consumption Lounges Present a Unique Risk Management Challenge

February 7, 2022

Insights

Michigan’s New Cannabis Liability Insurance Requirements Raise Concerns by Licensees, Insurers

January 5, 2022

Blogs

Delta-9 THC Products from Hemp Are a Risk Not Worth Taking

December 30, 2021

Insights

Delta-9 THC Products from Hemp Are a Risk Not Worth Taking

November 30, 2021

Insights

California to Allow Hemp and CBD in Food/Supplements – Legal Risks Persist for the Unwary

September 28, 2021

Insights

Reducing Cannabis Testing and Label Failures

August 9, 2021 - Effective Risk Management Activities for Cannabis Companies

Insights

U.S. Senate’s Cannabis Administration and Opportunity Act Clarifies How Federal Government May Regulate Marijuana, but Leaves Unanswered Questions

July 20, 2021

Insights

Justice Thomas Criticizes Federal Marijuana Policy, Questions Whether Prohibition Remains Necessary or Proper

June 29, 2021

Insights

Cannabis Directors and Officers Liability: Cause for Optimism?

June 24, 2021

Insights

The SAFE Banking and CLAIM Acts Will Transform the Cannabis Insurance Industry – Here’s What to Expect

March 22, 2021

Insights

Evolution of the Cannabis Product Liability Lawsuit

February 2, 2021

Attorney Articles

Bloomberg Law Publishes Stewart and Willner on Legal and Regulatory Threats to the Cannabis Industry

November 30, 2020 - Bloomberg Law | Banking Law News

Insights

California Voters Expand Consumer Data Privacy with Approval of California Privacy Rights and Enforcement Act of 2020

November 6, 2020

Attorney Articles

Court Asked to Decide Constitutionality of Schedule I Status of Pot

September 17, 2020 - Daily Journal

Insights

Cannabis and Appellate Law Practices Collaborate to Prepare Amicus Brief to U.S. Supreme Court in Challenge to Marijuana’s Schedule I Status

September 14, 2020

Insights

New DEA Rule Creates More Uncertainty for Legality of CBD Extracts

August 24, 2020

Insights

Cannabis and the Federal Courts

August 10, 2020

Insights

Cannabis and CBD Companies Subject to Increased Prop 65 Exposure

June 25, 2020

Insights

Hemp-Derived THC Products: Legal or Loophole?

May 27, 2020

Insights

Nevada Federal Court Throws Enforceability of Cannabis-Related Contracts into Doubt

May 20, 2020

Insights

Employer Risk Management in the Age of Coronavirus

April 13, 2020

Attorney Articles

Managing Employer Risk in the Age of the Coronavirus Parts 1 & 2

April 9–10, 2020 - PropertyCasualty360.com / Law.com

Insights

Employing Crisis Standards of Care in Response to the COVID-19 Pandemic

March 20, 2020

Insights

Designating Access to Cannabis an Essential Service amid COVID-19 Pandemic

March 20, 2020

Insights

FDA Report Brings Hope for CBD Dietary Supplements

March 17, 2020

Attorney Articles

Hemp Regulations Create Compliance Challenges

March/April 2020 - Claims magazine

Insights

Uncertainty Surrounds Legality of Different CBD Forms

March 3, 2020

Insights

Newly Discovered Form of THC Could Help Explain Potency Variations in Cannabis Strains and May Lead to New Product Label Requirements

January 27, 2020

Insights

The Evolving Legality of Lesser-Known Cannabis Compounds

January 14, 2020

Insights

District Court Grants Summary Judgment in Youth Football CTE Case

January 2, 2020

Events

Insights

USDA's Hemp Regulations Create Challenges for Hemp and CBD Producers

December 19, 2019

Insights

Feds Issue Badly Needed Hemp and CBD Banking Guidance

December 6, 2019

Insights

CDC Confirms Vitamin E Acetate as Cause of Some Vape-Lung Cases

November 11, 2019

Attorney Articles

Counseling Cannabis Companies Requires a Holistic Approach

October 25, 2019 - Law360

Insights

The First of the Vape-Lung Product Liability Cases Has Been Filed

October 2, 2019

Insights

District Court Denies Class Certification in Youth Football CTE Case

October 2, 2019

Attorney Articles

The First of the Vape-Lung Product Liability Cases Has Been Filed

September 30, 2019 - Cannabis Business Executive

Insights

CBD Labeling and Marketing: The Straight Story

September 18, 2019

Attorney Articles

An Expert Analysis of the SAFE Banking Act

June 3, 2019 - MG Magazine, Legal & Politics

Insights

USDA Issues Legal Opinion Supporting Current Legality of Hemp in Interstate Commerce

June 3, 2019

Insights

CBD Risk Management

May 8, 2019

Attorney Articles

It’s Time to Set the Record Straight – CBD Is ‘Psychoactive’

May 8, 2019 - Cannabis Business Executive

Attorney Articles

Navigating CBD Risks When Legal Pathway to Marketing Is Anything But Clear

April 24, 2019 - Bloomberg BNA Law

Insights

Navigating CBD Risks When Legal Pathway to Marketing Is Anything But Clear

April 25, 2019

Attorney Articles

THC, CBD, and the FDA: What to Expect at the Federal and State Level

April 18, 2019 - mg Magazine

Insights

FDA Updates Guidance for CBD Products amid a New Round of Warning Letters and Announcement of Date for Public Hearing

April 3, 2019

Attorney Articles

FDA Updates Guidance for CBD Products amid a New Round of Warning Letters and Announcement of Date for Public Hearing

April 3, 2019 - Cannabis Business Executive

Insights

Market Confusion on CBD and Hemp; FDA Commissioner Resigns amid Congressional Pressure for Federal Guidance

March 7, 2019

Attorney Articles

Bloomberg Law Publishes Stewart and Dopson on CBD Enforcement by FDA and State Agencies: “States Starting to Enforce Bans on CBD in Foods, Supplements”

February 28, 2019 - Bloomberg Law, Insight: FDA

Attorney Articles

Federal Courts Are Split on the Legality of Transporting Hemp and CBD in Interstate Commerce

February 19, 2019 - Cannabis Business Executive

Insights

New York City Bans CBD from Bars and Restaurants

February 12, 2019

Events

Press Releases

Wilson Elser Assists the National Cannabis Risk Management Association with First-of-Its-Kind Cannabis Insurance Captive

April 28, 2021

News Briefs

Business Insurance Covers Stewart’s Comments at Session One of Its 2021 Cannabis Update Webinar Series

April 14, 2021 - Business Insurance

News Briefs

Cannabis Industry 101: Becoming Mainstream and Essential During COVID-19

April 1, 2021 - Clear Law Institute

News Briefs

Business Insurance Quotes Stewart on High Hopes for the CLAIMS Act

March 30, 2021

News Briefs

Law360 Quotes Stewart on His Recent CBD Case Dismissal Success

March 15, 2021

News Briefs

Digital Privacy News Quotes Stewart on Cyberattacks, Ransomware

February 16, 2021

News Briefs

Wilson Elser Attorneys Join Legalign Global Colleagues to Predict International Insurance Risks for 2021

January 25, 2021

News Briefs

PropertyCasualty360 Quotes Stewart on the State of the Cannabis Insurance Industry

January 6, 2021

News Briefs

PropertyCasualty360 Quotes Stewart on Lessons Learned from “Vape Gate”

December 21, 2020

News Briefs

Property Casualty 360° Quotes Stewart on the MORE Act

December 8, 2020

News Briefs

Law.com Quotes Stewart and Willner on Marijuana’s Recent Moves

November 6, 2020

News Briefs

New Jersey Law Journal Quotes Stewart after Vote to Legalize Adult-Use Cannabis in NJ

November 5, 2020

News Briefs

Law360 Quotes Stewart on Amicus Brief in SCOTUS Marijuana Classification Case

September 15, 2020

News Briefs

U.S. News & World Report Quotes Stewart on Jump in Cannabis Insurance Costs as Investors Hold Directors Personally Liable

July 9, 2020

News Briefs

Business Insurance Quotes Stewart on Looting of Cannabis Businesses in Civil Unrest

June 16, 2020

News Briefs

Law360 Quotes Stewart on Cannabis Business Claims after Theft and Destruction During Looting

June 8, 2020

News Briefs

Insurance Journal Quotes Stewart on the Impact of the SAFE Banking Act on the Cannabis Industry

May 15, 2020

News Briefs

Quinn, Rodriguez and Stewart Ranked in Chambers USA 2020

May 5, 2020

News Briefs

Stewart Ranked in Chambers USA 2020 Guide for Cannabis Law: Western United States and Nationwide

April 28, 2020

News Briefs

Stewart Joins Inaugural Advisory Board for the International Cannabis Bar Association

April 20, 2020

News Briefs

Insurance Journal Taps Stewart and Other Experts on How COVID-19 Will Impact Cannabis and Insurance

April 14, 2020

News Briefs

CLM Magazine Explores the Many Facets of Ian Stewart in “Voices” Feature

April 1, 2020

News Briefs

Law360 Quotes Stewart on Decision Threatening Protection of Hemp in Transit

February 7, 2020

News Briefs

Experts Investigate the Role THC and Other Unregulated Additives Play in the Vaping Crisis

January 30, 2020

News Briefs

Insurance Journal Quotes Stewart on the Vaping Health Crisis

December 9, 2019

News Briefs

Law360 Quotes Stewart and Gay on Converting Warehouses to Cannabis Farms

November 8, 2019

News Briefs

CLM Magazine Quotes Thorvaldsen and Stewart on Their Role on CLM’s Cannabis Committee

August 12, 2019

News Briefs

Business Insurance Quotes Stewart on the Need for Additional Cyber Coverage Insurance

July 24, 2019

News Briefs

Stewart Nominated for INCBA Board… Cast Your Vote!

June 20, 2019

News Briefs

Politico Quotes Stewart on Rapid Legalization of Hemp Extract CBD

June 4, 2019

Events

CCIA Risk Management Committee COVID-19 Webinar
When: March 25, 2020
Conference: California Cannabis Industry Association (CCIA)
People: Ian A. Stewart
Addressing the Illicit Cannabis Market through Public-Private Collaboration
When: February 19, 2020
Conference: The National Cannabis Industry Association (NCIA) and the NCIA Policy Council
People: Ian A. Stewart
Impact of Cannabis on Financial Services
When: February 12, 2020
Conference: Society of Financial Service Professionals
People: Ian A. Stewart
Dude, Prepare for Legalization: Cannabis and Professional Liability
When: November 12, 2109
Conference: PLUS (Professional Liability Underwriters Society)
People: Ian A. Stewart
Cannabis: Past, Present & Future | Cannabis Exposure: A Peek Down the Rabbit Hole
When: October 25, 2019
Conference: Business Insurance Cannabis & Hemp Conference
People: Ian A. Stewart
The Vape Situation: A Panel Discussion with Experts
When: October 15, 2019
Conference: California Cannabis Industry Association, Protecting Your Cannabis Business
People: Ian A. Stewart
Navigating Cannabis, Hemp and CBD Claims
When: September 24, 2019
Conference: International Association of Claim Professionals (IACP)
People: Ian A. Stewart
Ask the Experts: What You Need to Know about Cannabis
When: September 19, 2019
Conference: FC&S Expert Coverage Interpretation / ALM NU Property & Casualty
People: Ian A. Stewart
The Globalization of Cannabis, CBD, and Hemp: Opportunities and Challenges for Creating International Brands
When: July 23, 2019
Conference: NCIA Cannabis Business Summit and Expo, National Cannabis Industry Association
People: Ian A. Stewart
Medical Marijuana & Professional Liability
When: July 17, 2019
Conference: PLUS Insurance Industry Webinar
People: Ian A. Stewart
Unraveling the Legal Complexities of Hemp and CBD
When: July 10, 2019
Conference: Celesq AttorneysEd Center
People: Ian A. Stewart
Products Liability & Dram Shop Liability
When: June 27, 2019
Conference: Perrin Emerging Legal Trends in the Cannabis Industry Conference
People: Ian A. Stewart
Inside Look at Cannabis Risks and Insurance
When: June 12, 2019
Conference: Allied World
People: Ian A. Stewart
Growing Use and Acceptance of Cannabis: What Are the Implications?
When: May 31, 2019
Conference: Association for Healthcare Risk Management of New York, Inc.
People: Lori Rosen Semlies and Ian A. Stewart
Cannabis and Insurance: What You Need to Know About the Budding Business
When: May 15, 2019 | 10:00 a.m. PT / 1:00 p.m. ET
Conference: Cannabis and Insurance: What You Need to Know About the Budding Business (Insurance Journal and Cannasure Insurance Services)
People: Ian A. Stewart
Opioid Litigation & Liability Risks of Medical Cannabis
When: April 1-2, 2019
Conference: Crittenden Medical Insurance Conference
People: Lori Rosen Semlies, Ian A. Stewart and Daniel E. Tranen
Rocco on Product Liability & Insurance | Stewart on Ethical Considerations & Legalized Cannabis
When: March 29, 2019
Conference: The Seminar Group
People: Ian A. Stewart and Dean A. Rocco
Growing Forward: New Regulation of Market Expansion
When: Denver (March 19) and Los Angeles (March 28) 2019
Conference: Insurance Business America
People: Ian A. Stewart and Dean A. Rocco
Cannabis, CBD and Hemp Go Global – Opportunities for Insurance and Legal Professionals
When: March 14, 2019
Conference: CLM
People: Ian A. Stewart
Cannabis and Insurance: Assessing the Insurance Coverage, Regulation and Risk Management Implications
When: March 13, 2019
Conference: American Conference Institute (ACI)
People: Ian A. Stewart
Growing use and acceptance of cannabis … what are the implications?
When: February 28, 2019
Conference: Trans Re
People: Ian A. Stewart
Cannabis Legality, New Regulation and Insurance Reform
When: December 7, 2017
Conference: Insurance Business America
People: Christopher P. Flanagan and Ian A. Stewart

Events

CCIA Risk Management Committee COVID-19 Webinar
When: March 25, 2020
Conference: California Cannabis Industry Association (CCIA)
People: Ian A. Stewart
Addressing the Illicit Cannabis Market through Public-Private Collaboration
When: February 19, 2020
Conference: The National Cannabis Industry Association (NCIA) and the NCIA Policy Council
People: Ian A. Stewart
Impact of Cannabis on Financial Services
When: February 12, 2020
Conference: Society of Financial Service Professionals
People: Ian A. Stewart
Dude, Prepare for Legalization: Cannabis and Professional Liability
When: November 12, 2109
Conference: PLUS (Professional Liability Underwriters Society)
People: Ian A. Stewart
Cannabis: Past, Present & Future | Cannabis Exposure: A Peek Down the Rabbit Hole
When: October 25, 2019
Conference: Business Insurance Cannabis & Hemp Conference
People: Ian A. Stewart
The Vape Situation: A Panel Discussion with Experts
When: October 15, 2019
Conference: California Cannabis Industry Association, Protecting Your Cannabis Business
People: Ian A. Stewart
Navigating Cannabis, Hemp and CBD Claims
When: September 24, 2019
Conference: International Association of Claim Professionals (IACP)
People: Ian A. Stewart
Ask the Experts: What You Need to Know about Cannabis
When: September 19, 2019
Conference: FC&S Expert Coverage Interpretation / ALM NU Property & Casualty
People: Ian A. Stewart
The Globalization of Cannabis, CBD, and Hemp: Opportunities and Challenges for Creating International Brands
When: July 23, 2019
Conference: NCIA Cannabis Business Summit and Expo, National Cannabis Industry Association
People: Ian A. Stewart
Medical Marijuana & Professional Liability
When: July 17, 2019
Conference: PLUS Insurance Industry Webinar
People: Ian A. Stewart
Unraveling the Legal Complexities of Hemp and CBD
When: July 10, 2019
Conference: Celesq AttorneysEd Center
People: Ian A. Stewart
Products Liability & Dram Shop Liability
When: June 27, 2019
Conference: Perrin Emerging Legal Trends in the Cannabis Industry Conference
People: Ian A. Stewart
Inside Look at Cannabis Risks and Insurance
When: June 12, 2019
Conference: Allied World
People: Ian A. Stewart
Growing Use and Acceptance of Cannabis: What Are the Implications?
When: May 31, 2019
Conference: Association for Healthcare Risk Management of New York, Inc.
People: Lori Rosen Semlies and Ian A. Stewart
Cannabis and Insurance: What You Need to Know About the Budding Business
When: May 15, 2019 | 10:00 a.m. PT / 1:00 p.m. ET
Conference: Cannabis and Insurance: What You Need to Know About the Budding Business (Insurance Journal and Cannasure Insurance Services)
People: Ian A. Stewart
Opioid Litigation & Liability Risks of Medical Cannabis
When: April 1-2, 2019
Conference: Crittenden Medical Insurance Conference
People: Lori Rosen Semlies, Ian A. Stewart and Daniel E. Tranen
Rocco on Product Liability & Insurance | Stewart on Ethical Considerations & Legalized Cannabis
When: March 29, 2019
Conference: The Seminar Group
People: Ian A. Stewart and Dean A. Rocco
Growing Forward: New Regulation of Market Expansion
When: Denver (March 19) and Los Angeles (March 28) 2019
Conference: Insurance Business America
People: Ian A. Stewart and Dean A. Rocco
Cannabis, CBD and Hemp Go Global – Opportunities for Insurance and Legal Professionals
When: March 14, 2019
Conference: CLM
People: Ian A. Stewart
Cannabis and Insurance: Assessing the Insurance Coverage, Regulation and Risk Management Implications
When: March 13, 2019
Conference: American Conference Institute (ACI)
People: Ian A. Stewart
Growing use and acceptance of cannabis … what are the implications?
When: February 28, 2019
Conference: Trans Re
People: Ian A. Stewart
Cannabis Legality, New Regulation and Insurance Reform
When: December 7, 2017
Conference: Insurance Business America
People: Christopher P. Flanagan and Ian A. Stewart

Firm Highlights

Client Wins
Priore and Lauricella Secure Key Appellate Division Ruling Annulling and Remanding New York State Department of Labor License Denial
Albany partners Christopher Priore and Peter Lauricella successfully represented a research company and its owner/president in a CPLR Article 78 proceeding in the New York Supreme Court, Appellate Division, Third Judicial Department, challenging the New York State Department of Labor’s (DOL) denial of the clients’ application for a license to purchase, own, possess, and transport explosives (O&P license). The company, which conducts limited fireworks displays as part of its business, must maintain an O&P license issued under Labor Law Article 16, which must be renewed annually. In July 2021, our owner client applied to renew the company’s O&P license. The DOL denied the application on the sole ground that neither the owner nor any employee held a current Pyrotechnician Certificate of Competence (PCC), despite the owner having held a PCC for many years and the company having previously obtained O&P license renewals without one. The denial was upheld after an administrative hearing and adopted by the Commissioner of Labor. Chris and Peter challenged the Commissioner's authority to impose a blanket PCC requirement as a prerequisite for O&P licensure. The central legal issue was whether the Department of Labor's internal policy – mandating that all O&P license applicants hold or employ someone with a PCC credential – constituted a "rule" subject to the formal rulemaking procedures of the State Administrative Procedure Act (SAPA). They presented evidence that the DOL had historically approved O&P license applications without a PCC, and only later, after internal discussions and consultation with counsel, adopted this requirement and added a question about PCCs to the application form – all without undertaking the required rulemaking process. The Appellate Division unanimously agreed and annulled the Commissioner's determination. The court held that the mandatory PCC requirement was a generally applicable rule that should have been promulgated in accordance with SAPA's formal rulemaking procedures. Because the DOL failed to do so, the requirement was unenforceable. The matter was remitted to the DOL to evaluate the O&P license application at issue in accordance with properly promulgated rules and our clients’ particular facts and circumstances.  
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Events
The Inclusion of Uninjured Members in Certified Class Actions
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.
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Client Wins
Takacs and Rossi Defeat Claims Against Property Owner in Tenant Injury Lawsuit
Michael S. Takacs (Partner-Philadelphia, PA) and Andrew Rossi (Associate-Philadelphia, PA) prevailed on a motion for summary judgment in the Court of Common Pleas, Philadelphia County, Pennsylvania, on behalf of Wilson Elser’s client, a property owner/landlord. The plaintiff, a tenant at the client’s apartment complex, allegedly sustained a forehead laceration, concussion, post-concussion syndrome, and injuries to her neck after striking her forehead on a dumpster’s trunnion bar while taking out her trash. She claimed the trunnion bar, which a truck uses to lift the dumpster during emptying, was a dangerous condition because it “sticks out inconspicuously” and lacked warnings or contrasting paint to make it more visible. The codefendant waste management company supplied and serviced the dumpster under a customer service agreement with our client, retained ownership, and specifically prohibited the client from altering it. The plaintiff, who had lived at the property for more than a year, admitted to using the dumpster at least weekly to dispose of her trash. Michael and Andrew moved for summary judgment, asserting that the client neither owed nor breached a legal duty of care to protect the plaintiff where the alleged condition of the trunnion bar was open, obvious, and readily visible on equipment the client did not own or control. The court entered summary judgment on behalf of the client, dismissing all claims and crossclaims.
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Publications
New York’s AVOID Act Imposes 90-Day Deadline for Third-Party Claims
The New York Avoiding Vexatious Overuse of Impleading to Delay (AVOID) Act became effective on April 18, 2026, establishing new deadlines for third-party complaints. Under this Act, a third-party plaintiff must file their complaint within 90 days of serving the initial answer pursuant to CPLR § 1007(b).1 Any third-party complaint against a plaintiff’s employer, however, must be filed within 90 days of the later of (1) discovering the employer’s identity; or (2) determining that the plaintiff sustained a “grave injury” as defined by Section 11 of the Workers’ Compensation Law. CPLR § 1007(e).2 The Act prohibits filing a third-party complaint after the note of issue unless upon good cause shown or in the interest of justice. CPLR § 1007(c).3 A third-party action filed in violation of this subdivision shall be severed or dismissed without prejudice. CPLR § 1007(d).4 Any severed actions that are initiated as new actions cannot then be consolidated. CPLR § 1007(f).5 Regarding retroactivity: an amendment clarifies that the Act applies to all cases commenced on or after the April 18, 2026 effective date.6 Be advised that as of April 16, 2026, the New York State website has not yet integrated this amendment into the statutory text.7 Lexis captures this update in the editor’s notes,8 and Westlaw includes it within the proposed legislation section.9 ____________________________________________________________________________________ 1 https://www.nysenate.gov/legislation/laws/CVP/1007  2 https://www.nysenate.gov/legislation/laws/CVP/1007  3 https://www.nysenate.gov/legislation/laws/CVP/1007  4 https://www.nysenate.gov/legislation/laws/CVP/1007  5 https://www.nysenate.gov/legislation/laws/CVP/1007  6 https://www.nysenate.gov/legislation/bills/2025/S8809  7 https://www.nysenate.gov/legislation/laws/CVP/1007  8 2026 N.Y. ALS 79 ; 2026 N.Y. Laws 79 ; 2026 N.Y. Ch. 79 ; 2026 N.Y. SB 8809 9 https://1.next.westlaw.com/Document/NFE11DA10E4E211F0AA39CB673CF36EC6/View/FullText.html?navigationPath=Search/v1/results/navigation/i0a93b86c0000019d9c1ba0e5c3a0e723?ppcid=44f5a950322a4255ae42b3e5a5e57b22&Nav=MULTIPLECITATIONS&fragmentIdentifier=NFE11DA10E4E211F0AA39CB673CF36EC6&parentRank=0&startIndex=1&contextData=%28sc.Search%29&transitionType=UniqueDocItem&listSource=Search&listPageSource=781efccd7c647a1b5673e671cb33d842&list=MULTIPLECITATIONS&sessionScopeId=a4a94ca7e43970d7bb6b9036b5ab4e414796eb2f36e0a800dc47d1459a582deb&ppcid=44f5a950322a4255ae42b3e5a5e57b22&originationContext=NonUniqueFindSelected&transitionType=UniqueDocItem&contextData=(sc.Search)
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Events
Class Action Settlements: Legal Issues and Practical Mechanics
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.
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
Publications
Claims Journal Features Bortnick and Michaud Article on Subrogation After Cyber Breaches: Lessons from Axis and Travelers
Richard Bortnick (Of Counsel-Philadelphia, PA) and Charina Michaud (Associate-Chicago, IL) coauthored “Legal Analysis: Insurer Subrogation Under Scrutiny,” appearing in the April 17, 2026, posting of Claims Journal. The article analyzes two recent decisions – Axis Insurance Co. v. Barracuda Networks, Inc. and Travelers Casualty and Surety Co. of America v. Blackbaud, Inc. – that examine the scope of insurers’ subrogation rights in the wake of data security breaches. Rick and Charina explain that while the First Circuit in Axis rejected subrogation claims against a downstream vendor for lack of contractual privity, the Delaware Supreme Court in Travelers allowed similar claims to proceed where a direct contractual relationship existed. Together, the decisions clarify that subrogation claims in the cybersecurity context hinge on the existence and proper pleading of contractual relationships between the insured and the alleged wrongdoer. “Absent a contractual relationship between the insured and the alleged subrogee, a claim for indemnity or subrogation is unlikely to survive – particularly in jurisdictions that follow the reasoning in Axis.” Rick and Charina further explore how these rulings shape risk allocation across vendor chains and offer practical considerations for drafting and enforcing data security agreements. 
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Events
Cannabis Risk in a Patchwork Regulatory Environment
Ian Stewart, cochair of Wilson Elser’s Cannabis Law Practice, will present the webinar “Cannabis in a Patchwork Regulatory Environment” on April 23, 2026, hosted by the Claims and Litigation Alliance (CLM) and the Insurance Accounting & Systems Association (IASA), affiliated with The Institutes. Ian’s panel will explore evolving claim trends in cannabis operations, examining the cannabis product liability landscape, including testing lab failures and related claims, as well as emerging product, environmental, and toxic tort exposures. The panel will also address state versus federal legal conflicts around both marijuana and hemp, including rescheduling and the new Farm Bill definition of hemp, as well as contract enforceability and the rights of cannabis litigants.
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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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News
Allin Named to 2026 Southwest Super Lawyers Rising Stars
Super Lawyers® has named Taylor H. Allin (Partner-Phoenix, AZ) to the 2026 Southwest Rising Stars™ list for the sixth consecutive year. Taylor is included in the Transportation/Maritime category. His complex litigation practice includes defending a wide range of transportation matters and marine and admiralty claims. 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
Takacs and Rossi Defeat Claims Against Property Owner in Tenant Injury Lawsuit
Michael S. Takacs (Partner-Philadelphia, PA) and Andrew Rossi (Associate-Philadelphia, PA) prevailed on a motion for summary judgment in the Court of Common Pleas, Philadelphia County, Pennsylvania, on behalf of Wilson Elser’s client, a property owner/landlord. The plaintiff, a tenant at the client’s apartment complex, allegedly sustained a forehead laceration, concussion, post-concussion syndrome, and injuries to her neck after striking her forehead on a dumpster’s trunnion bar while taking out her trash. She claimed the trunnion bar, which a truck uses to lift the dumpster during emptying, was a dangerous condition because it “sticks out inconspicuously” and lacked warnings or contrasting paint to make it more visible. The codefendant waste management company supplied and serviced the dumpster under a customer service agreement with our client, retained ownership, and specifically prohibited the client from altering it. The plaintiff, who had lived at the property for more than a year, admitted to using the dumpster at least weekly to dispose of her trash. Michael and Andrew moved for summary judgment, asserting that the client neither owed nor breached a legal duty of care to protect the plaintiff where the alleged condition of the trunnion bar was open, obvious, and readily visible on equipment the client did not own or control. The court entered summary judgment on behalf of the client, dismissing all claims and crossclaims.
Read more
Events
The Inclusion of Uninjured Members in Certified Class Actions
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.
Read more
Client Wins
Priore and Lauricella Secure Key Appellate Division Ruling Annulling and Remanding New York State Department of Labor License Denial
Albany partners Christopher Priore and Peter Lauricella successfully represented a research company and its owner/president in a CPLR Article 78 proceeding in the New York Supreme Court, Appellate Division, Third Judicial Department, challenging the New York State Department of Labor’s (DOL) denial of the clients’ application for a license to purchase, own, possess, and transport explosives (O&P license). The company, which conducts limited fireworks displays as part of its business, must maintain an O&P license issued under Labor Law Article 16, which must be renewed annually. In July 2021, our owner client applied to renew the company’s O&P license. The DOL denied the application on the sole ground that neither the owner nor any employee held a current Pyrotechnician Certificate of Competence (PCC), despite the owner having held a PCC for many years and the company having previously obtained O&P license renewals without one. The denial was upheld after an administrative hearing and adopted by the Commissioner of Labor. Chris and Peter challenged the Commissioner's authority to impose a blanket PCC requirement as a prerequisite for O&P licensure. The central legal issue was whether the Department of Labor's internal policy – mandating that all O&P license applicants hold or employ someone with a PCC credential – constituted a "rule" subject to the formal rulemaking procedures of the State Administrative Procedure Act (SAPA). They presented evidence that the DOL had historically approved O&P license applications without a PCC, and only later, after internal discussions and consultation with counsel, adopted this requirement and added a question about PCCs to the application form – all without undertaking the required rulemaking process. The Appellate Division unanimously agreed and annulled the Commissioner's determination. The court held that the mandatory PCC requirement was a generally applicable rule that should have been promulgated in accordance with SAPA's formal rulemaking procedures. Because the DOL failed to do so, the requirement was unenforceable. The matter was remitted to the DOL to evaluate the O&P license application at issue in accordance with properly promulgated rules and our clients’ particular facts and circumstances.  
Read more
Publications
New York’s AVOID Act Imposes 90-Day Deadline for Third-Party Claims
The New York Avoiding Vexatious Overuse of Impleading to Delay (AVOID) Act became effective on April 18, 2026, establishing new deadlines for third-party complaints. Under this Act, a third-party plaintiff must file their complaint within 90 days of serving the initial answer pursuant to CPLR § 1007(b).1 Any third-party complaint against a plaintiff’s employer, however, must be filed within 90 days of the later of (1) discovering the employer’s identity; or (2) determining that the plaintiff sustained a “grave injury” as defined by Section 11 of the Workers’ Compensation Law. CPLR § 1007(e).2 The Act prohibits filing a third-party complaint after the note of issue unless upon good cause shown or in the interest of justice. CPLR § 1007(c).3 A third-party action filed in violation of this subdivision shall be severed or dismissed without prejudice. CPLR § 1007(d).4 Any severed actions that are initiated as new actions cannot then be consolidated. CPLR § 1007(f).5 Regarding retroactivity: an amendment clarifies that the Act applies to all cases commenced on or after the April 18, 2026 effective date.6 Be advised that as of April 16, 2026, the New York State website has not yet integrated this amendment into the statutory text.7 Lexis captures this update in the editor’s notes,8 and Westlaw includes it within the proposed legislation section.9 ____________________________________________________________________________________ 1 https://www.nysenate.gov/legislation/laws/CVP/1007  2 https://www.nysenate.gov/legislation/laws/CVP/1007  3 https://www.nysenate.gov/legislation/laws/CVP/1007  4 https://www.nysenate.gov/legislation/laws/CVP/1007  5 https://www.nysenate.gov/legislation/laws/CVP/1007  6 https://www.nysenate.gov/legislation/bills/2025/S8809  7 https://www.nysenate.gov/legislation/laws/CVP/1007  8 2026 N.Y. ALS 79 ; 2026 N.Y. Laws 79 ; 2026 N.Y. Ch. 79 ; 2026 N.Y. SB 8809 9 https://1.next.westlaw.com/Document/NFE11DA10E4E211F0AA39CB673CF36EC6/View/FullText.html?navigationPath=Search/v1/results/navigation/i0a93b86c0000019d9c1ba0e5c3a0e723?ppcid=44f5a950322a4255ae42b3e5a5e57b22&Nav=MULTIPLECITATIONS&fragmentIdentifier=NFE11DA10E4E211F0AA39CB673CF36EC6&parentRank=0&startIndex=1&contextData=%28sc.Search%29&transitionType=UniqueDocItem&listSource=Search&listPageSource=781efccd7c647a1b5673e671cb33d842&list=MULTIPLECITATIONS&sessionScopeId=a4a94ca7e43970d7bb6b9036b5ab4e414796eb2f36e0a800dc47d1459a582deb&ppcid=44f5a950322a4255ae42b3e5a5e57b22&originationContext=NonUniqueFindSelected&transitionType=UniqueDocItem&contextData=(sc.Search)
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Events
Class Action Settlements: Legal Issues and Practical Mechanics
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.
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
Publications
Claims Journal Features Bortnick and Michaud Article on Subrogation After Cyber Breaches: Lessons from Axis and Travelers
Richard Bortnick (Of Counsel-Philadelphia, PA) and Charina Michaud (Associate-Chicago, IL) coauthored “Legal Analysis: Insurer Subrogation Under Scrutiny,” appearing in the April 17, 2026, posting of Claims Journal. The article analyzes two recent decisions – Axis Insurance Co. v. Barracuda Networks, Inc. and Travelers Casualty and Surety Co. of America v. Blackbaud, Inc. – that examine the scope of insurers’ subrogation rights in the wake of data security breaches. Rick and Charina explain that while the First Circuit in Axis rejected subrogation claims against a downstream vendor for lack of contractual privity, the Delaware Supreme Court in Travelers allowed similar claims to proceed where a direct contractual relationship existed. Together, the decisions clarify that subrogation claims in the cybersecurity context hinge on the existence and proper pleading of contractual relationships between the insured and the alleged wrongdoer. “Absent a contractual relationship between the insured and the alleged subrogee, a claim for indemnity or subrogation is unlikely to survive – particularly in jurisdictions that follow the reasoning in Axis.” Rick and Charina further explore how these rulings shape risk allocation across vendor chains and offer practical considerations for drafting and enforcing data security agreements. 
Read more
Events
Cannabis Risk in a Patchwork Regulatory Environment
Ian Stewart, cochair of Wilson Elser’s Cannabis Law Practice, will present the webinar “Cannabis in a Patchwork Regulatory Environment” on April 23, 2026, hosted by the Claims and Litigation Alliance (CLM) and the Insurance Accounting & Systems Association (IASA), affiliated with The Institutes. Ian’s panel will explore evolving claim trends in cannabis operations, examining the cannabis product liability landscape, including testing lab failures and related claims, as well as emerging product, environmental, and toxic tort exposures. The panel will also address state versus federal legal conflicts around both marijuana and hemp, including rescheduling and the new Farm Bill definition of hemp, as well as contract enforceability and the rights of cannabis litigants.
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.
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News
Allin Named to 2026 Southwest Super Lawyers Rising Stars
Super Lawyers® has named Taylor H. Allin (Partner-Phoenix, AZ) to the 2026 Southwest Rising Stars™ list for the sixth consecutive year. Taylor is included in the Transportation/Maritime category. His complex litigation practice includes defending a wide range of transportation matters and marine and admiralty claims. The Rising Stars lists, comprising the best attorneys 40 years old and younger or who have practiced law for 10 years or less, are published in Super Lawyers magazines and leading city and regional magazines nationwide. No more than 2.5 percent of the lawyers in the state are named to these lists.
Read more
Client Wins
Takacs and Rossi Defeat Claims Against Property Owner in Tenant Injury Lawsuit
Michael S. Takacs (Partner-Philadelphia, PA) and Andrew Rossi (Associate-Philadelphia, PA) prevailed on a motion for summary judgment in the Court of Common Pleas, Philadelphia County, Pennsylvania, on behalf of Wilson Elser’s client, a property owner/landlord. The plaintiff, a tenant at the client’s apartment complex, allegedly sustained a forehead laceration, concussion, post-concussion syndrome, and injuries to her neck after striking her forehead on a dumpster’s trunnion bar while taking out her trash. She claimed the trunnion bar, which a truck uses to lift the dumpster during emptying, was a dangerous condition because it “sticks out inconspicuously” and lacked warnings or contrasting paint to make it more visible. The codefendant waste management company supplied and serviced the dumpster under a customer service agreement with our client, retained ownership, and specifically prohibited the client from altering it. The plaintiff, who had lived at the property for more than a year, admitted to using the dumpster at least weekly to dispose of her trash. Michael and Andrew moved for summary judgment, asserting that the client neither owed nor breached a legal duty of care to protect the plaintiff where the alleged condition of the trunnion bar was open, obvious, and readily visible on equipment the client did not own or control. The court entered summary judgment on behalf of the client, dismissing all claims and crossclaims.
Read more
Events
The Inclusion of Uninjured Members in Certified Class Actions
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.
Read more
Client Wins
Priore and Lauricella Secure Key Appellate Division Ruling Annulling and Remanding New York State Department of Labor License Denial
Albany partners Christopher Priore and Peter Lauricella successfully represented a research company and its owner/president in a CPLR Article 78 proceeding in the New York Supreme Court, Appellate Division, Third Judicial Department, challenging the New York State Department of Labor’s (DOL) denial of the clients’ application for a license to purchase, own, possess, and transport explosives (O&P license). The company, which conducts limited fireworks displays as part of its business, must maintain an O&P license issued under Labor Law Article 16, which must be renewed annually. In July 2021, our owner client applied to renew the company’s O&P license. The DOL denied the application on the sole ground that neither the owner nor any employee held a current Pyrotechnician Certificate of Competence (PCC), despite the owner having held a PCC for many years and the company having previously obtained O&P license renewals without one. The denial was upheld after an administrative hearing and adopted by the Commissioner of Labor. Chris and Peter challenged the Commissioner's authority to impose a blanket PCC requirement as a prerequisite for O&P licensure. The central legal issue was whether the Department of Labor's internal policy – mandating that all O&P license applicants hold or employ someone with a PCC credential – constituted a "rule" subject to the formal rulemaking procedures of the State Administrative Procedure Act (SAPA). They presented evidence that the DOL had historically approved O&P license applications without a PCC, and only later, after internal discussions and consultation with counsel, adopted this requirement and added a question about PCCs to the application form – all without undertaking the required rulemaking process. The Appellate Division unanimously agreed and annulled the Commissioner's determination. The court held that the mandatory PCC requirement was a generally applicable rule that should have been promulgated in accordance with SAPA's formal rulemaking procedures. Because the DOL failed to do so, the requirement was unenforceable. The matter was remitted to the DOL to evaluate the O&P license application at issue in accordance with properly promulgated rules and our clients’ particular facts and circumstances.  
Read more
Publications
New York’s AVOID Act Imposes 90-Day Deadline for Third-Party Claims
The New York Avoiding Vexatious Overuse of Impleading to Delay (AVOID) Act became effective on April 18, 2026, establishing new deadlines for third-party complaints. Under this Act, a third-party plaintiff must file their complaint within 90 days of serving the initial answer pursuant to CPLR § 1007(b).1 Any third-party complaint against a plaintiff’s employer, however, must be filed within 90 days of the later of (1) discovering the employer’s identity; or (2) determining that the plaintiff sustained a “grave injury” as defined by Section 11 of the Workers’ Compensation Law. CPLR § 1007(e).2 The Act prohibits filing a third-party complaint after the note of issue unless upon good cause shown or in the interest of justice. CPLR § 1007(c).3 A third-party action filed in violation of this subdivision shall be severed or dismissed without prejudice. CPLR § 1007(d).4 Any severed actions that are initiated as new actions cannot then be consolidated. CPLR § 1007(f).5 Regarding retroactivity: an amendment clarifies that the Act applies to all cases commenced on or after the April 18, 2026 effective date.6 Be advised that as of April 16, 2026, the New York State website has not yet integrated this amendment into the statutory text.7 Lexis captures this update in the editor’s notes,8 and Westlaw includes it within the proposed legislation section.9 ____________________________________________________________________________________ 1 https://www.nysenate.gov/legislation/laws/CVP/1007  2 https://www.nysenate.gov/legislation/laws/CVP/1007  3 https://www.nysenate.gov/legislation/laws/CVP/1007  4 https://www.nysenate.gov/legislation/laws/CVP/1007  5 https://www.nysenate.gov/legislation/laws/CVP/1007  6 https://www.nysenate.gov/legislation/bills/2025/S8809  7 https://www.nysenate.gov/legislation/laws/CVP/1007  8 2026 N.Y. ALS 79 ; 2026 N.Y. Laws 79 ; 2026 N.Y. Ch. 79 ; 2026 N.Y. SB 8809 9 https://1.next.westlaw.com/Document/NFE11DA10E4E211F0AA39CB673CF36EC6/View/FullText.html?navigationPath=Search/v1/results/navigation/i0a93b86c0000019d9c1ba0e5c3a0e723?ppcid=44f5a950322a4255ae42b3e5a5e57b22&Nav=MULTIPLECITATIONS&fragmentIdentifier=NFE11DA10E4E211F0AA39CB673CF36EC6&parentRank=0&startIndex=1&contextData=%28sc.Search%29&transitionType=UniqueDocItem&listSource=Search&listPageSource=781efccd7c647a1b5673e671cb33d842&list=MULTIPLECITATIONS&sessionScopeId=a4a94ca7e43970d7bb6b9036b5ab4e414796eb2f36e0a800dc47d1459a582deb&ppcid=44f5a950322a4255ae42b3e5a5e57b22&originationContext=NonUniqueFindSelected&transitionType=UniqueDocItem&contextData=(sc.Search)
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Events
Class Action Settlements: Legal Issues and Practical Mechanics
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.
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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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