News

Attorney Articles

Chambers and Partners Publishes Farmer, Buchwalter, and Elpren in 2026 Art & Cultural Property Law Practice Guide

April 14, 2026 - Chambers and Partners USA

Insights

Oklahoma Enacts Consumer Data Privacy Act

March 26, 2026

Author: Jana Slavina Farmer, CIPP/US, FIP, AIGP

Jana Farmer Oklahoma Data Privacy Insight

Insights

Divergent: Two Federal Courts Chart Seemingly Opposite Paths on Work Product Protection for AI-Generated Materials

March 5, 2026

Authors: Jana A. Slavina Farmer, AIGP, and Dominik Cvitanovic

Insights

California’s CCPA New Cybersecurity Audit Rules: Applicability Thresholds, Audit Scope, and Compliance Timelines

February 10, 2026

Authors: Jana Slavina Farmer, CIPP/US, FIP, AIGP and Wisaal Jahangir, CIPP/US

Jana Farmer and Wisaal Jahangir Cybersecurity & Data Privacy Audit Insight

Attorney Articles

Westlaw Today Features Farmer and Abutouq Article Examining Executive Order Seeking National AI Standard and Implications for State AI Regulation

January 21, 2026 - Westlaw Today

Insights

NIST Issues Preliminary Draft of Cyber AI Profile, a Framework Poised to Alter Security Operations in the AI-Driven Threat Landscape

January 5, 2026

Authors: Jana Slavina Farmer, AIGP, and Yusef Abutouq

Jana Farmer and Yusef Abutouq Cybersecurity Insight - Cyber AI Profiles

Insights

U.S. Website Compliance for Cookies and Tracking Technologies: Two Complementary Workflows

December 11, 2025

Authors: Jana Slavina Farmer, Wisaal Jahangir, and Stephanie Nott

Intellectual Property & Technology Insight - Cookie Compliance

Attorney Articles

Bloomberg Law Publishes Farmer and Elpren on van Gogh Painting Holocaust-Era Restitution Claim

November 24, 2025 - Bloomberg Law

Insights

Takeaways: America’s AI Action Plan for Global Technological Dominance

August 14, 2025

Authors: Jana Slavina Farmer, AIGP, CIPP/US, FIP; Jonathan Meer; Taylor Bialek; Wisaal Jahangir

Jana Farmer. Jonathan Meer, Taylor Bialek AI Action Plain Insight

Attorney Articles

Westlaw Today Explores NY Fashion Model Protections with Farmer and Elpren

July 2, 2025 - Westlaw Today

Insights

New York Expands Legal Protections to Models in the Fashion Industry

June 26, 2025

Authors: Dara S. Elpren and Jana Slavina Farmer

Attorney Articles

4 States' Enforcement Actions Illustrate Data Privacy Priorities

May 29, 2025 - Law360 | Expert Analysis

Blogs

Twenty-Year Legal Battle over Nazi-Looted Pissarro Painting Continues

May 7, 2025

Author: Jana Farmer

Attorney Articles

Chambers and Partners USA Publishes Art Law Update by Farmer, Buchwalter & Elpren

April 9, 2025 - Chambers and Partners USA / Law and Practice

Insights

Trump’s Executive Order Reshapes U.S. AI Policy; Italian Regulator Blocks DeepSeek’s Processing of Personal Data

February 4, 2025

Authors: Jonathan Meer and Jana Slavina Farmer, AIGP, CIPP/US, FIP

Jana Farmer and Jonathan Meer Cybersecurity & Data Privacy - AI Insight

Insights

FTC Finalizes Amendments to Rule Protecting Children’s Data: Regulatory Freeze Likely Signals Further Revisions

January 29, 2025

Author: Jana Slavina Farmer, AIGP, CIPP/US, FIP

Insights

Data Privacy: Insights from the Recent FAQs on New Jersey Data Privacy Law

January 10, 2025

Author: Jana Slavina Farmer

Attorney Articles

Westlaw Today Publishes Farmer and Axberger on State Data Privacy Laws

August 23, 2024 - Westlaw Today

Insights

New York State Attorney General Issues Guidance on Privacy Controls and Web Tracking Technologies

August 7, 2024

Authors: Jana Slavina Farmer and Elisabeth Axberger

Insights

Why Your Business Should Update Its Privacy Policy Annually (At Least)

July 29, 2024

Authors: Jana Slavina Farmer and Elisabeth Axberger

Attorney Articles

The Shifting Landscape of Data Privacy Regulation in the Life Sciences Industry

July 15, 2024 - Pharmaceutical Compliance Monitor

Insights

New Jersey Joins Growing Number of States to Enact a Comprehensive Data Privacy Law

February 22, 2024

Authors: Jana Slavina Farmer and Elisabeth Axberger

Blogs

Supreme Court Limits Transformative Use Standard in Warhol Foundation v. Goldsmith

June 12, 2023

Attorney Articles

ArtsWestchester Publishes Farmer Article on Art Appropriation Case

June 8, 2023 - ArtsWestchester

Attorney Articles

Westlaw Today Features Article by Bialek and Farmer on Digital Compliance

May 1, 2023 - Westlaw Today

Blogs

Bored Apes, Hermès Suits Foreshadow What Is Coming in NFT Claims

January 31, 2023

Attorney Articles

Bloomberg Law, Cryptosaurus Networks & Paperblog Feature Cahill, Farmer and Weiner Article on NFT Litigation

January 30, 2023 - Bloomberg Law and Cryptosaurus Networks

Attorney Articles

SpringerLink Features Farmer Chapter on Art Forgery, Restoration and Conservation Issues

October 28, 2022 - SpringerLink

Attorney Articles

Center for Art Law Publishes Farmer, Leitner and Maharaj on Warhol v. Goldsmith SCOTUS Oral Arguments

October 22, 2022 - Center for Art Law

Attorney Articles

Bloomberg Law Features Cahill and Farmer Article on Crypto Business Deals

October 18, 2022 - Bloomberg Law, Tech & Telecom Law

Events

Hattar, Ledwin, Cortellessa, Cheng, Farmer, and Grady Recognized Among Hudson Valley’s Top Lawyers for 2026
When: February 20, 2026
People: Jacqueline Hattar, Mark G. Ledwin, William J. Cortellessa, Eric G. Cheng, Jana S. Farmer and Michael F. Grady
Health Payer Specialist Quotes Farmer on Companies’ Need for Strong Internal Governance of AI Usage and Policies
When: November 11, 2025
People: Jana S. Farmer
New York Times Quotes Farmer on “Mysterious Art Market”
When: May 10, 2025
People: Jana S. Farmer
Slavina Farmer Designated a Fellow of Information Privacy (IAPP/FIP)
When: January 29, 2025
People: Jana S. Farmer
Computerworld Quotes Farmer on GenAI Compliance
When: August 13, 2024
People: Jana S. Farmer
Information & Compliance: Legal Issues For Galleries
When: April 28, 2022
People: Jana S. Farmer
Farmer, Geraghty and Cahill Secure Pre-answer Dismissal for Youth Sports Team
When: June 16, 2020
People: Patrick D. Geraghty, Jana S. Farmer and John P. Cahill
O’Brien and Farmer Obtain Unanimous Decision in Labor Law Litigation
When: June 15, 2020
People: James F. O'Brien and Jana S. Farmer
ArtsNews Features Wilson Elser's Art Law Workshop Series; Q&A with Farmer and Sobolewski
When: June 9, 2020
People: Jana S. Farmer
Jana Farmer Earns National Law Review’s “Go-To Thought Leadership” 2019 Honors
When: December 16, 2019
People: Jana S. Farmer
Westchester Magazine Reveals How the Arts Propel Jana Farmer’s Personal and Professional Lives
When: May 8, 2019
People: Jana S. Farmer
Farmer Appointed to Inaugural Advisory Board to Brooklyn’s Center for Art Law
When: March 13, 2019
People: Jana S. Farmer
Wilson Elser Promotes 19 to Nonequity Partner
When: January 31, 2019
People: Brian F. Breen, Emily L. Fernandez, Elizabeth D. Ho Sing, James M. Kloss, Erin Marie Siciliano, Jana S. Farmer, Tae S. Um, Christina A. Marshall, Michael Guttman, David J. Aveni, Richard W. Boone, Jr., Michael J. O'Malley and Karen L. Bashor

News

Farmer, Cahill and Lawless Score Home Run for Baseball Venue

Jana Farmer (Partner-White Plains, NY), Pat Lawless (Partner-New York, NY) and John Cahill (Associate-White Plains, NY) secured summary judgment in a Little League matter pending before the New York Supreme Court, Suffolk County on the eve of mediation. The plaintiff, a spectator at our client town and Little League franchise baseball game, was struck by a foul ball from another field. She alleged a concussion, TBI and other neuropsychological symptoms as a result. Throughout discovery, Jana, Pat and John established that the plaintiff was a dedicated “baseball mom” who regularly attended professional games and watched baseball on TV. She was aware of the risks of being hit by foul balls. The court noted that our clients had provided adequate protective screening and were able to demonstrate through an experienced baseball field design expert that the protections they offered exceeded industry standards. 

Jana S. Farmer, John P. Cahill and Patrick J. Lawless

News

Attorney Articles

Law360 Features Farmer on Warhol Copyright Battle

October 6, 2022 - Law360.com

Blogs

Considerations of Copyright and First Amendment Rights in Appropriation Art

September 30, 2022

Blogs

Ninth Circuit Reverses Ruling in Copyright Infringement Case Involving Photographs of Picasso’s Artworks

August 9, 2022

Attorney Articles

First DOJ NFT Insider Trading Charges Mark New Enforcement Era

June 29, 2022 - Bloomberg Law

Attorney Articles

Westlaw Today Features Data Privacy Article by Farmer and Bortnick

June 26, 2022 - Westlaw Today

Insights

Considerations of Copyright and First Amendment Rights in Appropriation Art

June 13, 2022

Blogs

Hackers Go Phishing in Beeple’s Deep Pool of Twitter Followers

June 8, 2022

Blogs

U.S. Copyright Office Weighs in on AI-Created Art, Jeff Koons Claims a Sculpture Is a Useful Article and Other Stories

March 10, 2022

Attorney Articles

National Law Review Publishes Farmer, Fisher, Taylor and Leitner on Recent Third Circuit Decision Impacting Immunity Granted to Internet Platforms

November 18, 2021

Insights

Third Circuit Takes an Anti-Platform View in Interpreting the Communications Decency Act, Creating a Circuit Split

October 29, 2021

Attorney Articles

Sports Litigation Alert Publishes Bialek and Farmer on “Greek Freak” Trademark

September 20, 2021

Insights

Online and Offline Disclosure of Data Collection Practices under California’s Privacy Law

September 14, 2021

Blogs

The Vatican Faces a Copyright Infringement Lawsuit

June 17, 2021

Blogs

First In-Person Art Fair in a Year and Other Headlines

May 14, 2021

Blogs

SCOTUS Sets Precedent on the Expropriation Exception to the Foreign Sovereign Immunities Act in the Guelph Treasure Case, and Other Stories

February 9, 2021

Blogs

5Pointz Artists Claim Final Victory as SCOTUS Denies Cert & Other Headlines

October 16, 2020

Blogs

Brooklyn Museum Deaccessioning Artworks, Banksy Loses Trademark Battle and Other Stories

September 30, 2020

Blogs

U.S. Senate Subcommittee on Investigations Recommends Regulation of the Art Market & Other Headlines

August 20, 2020

Disgraced Art Dealer Inigo Philbrick Indicted on Federal Fraud Charges & Other Stories

July 31, 2020

Blogs

Paris Dealer Who Sold Golden Sarcophagus to the Met Charged with Money Laundering & Other Stories

July 20, 2020

Blogs

U.S. Supreme Court Will Hear Appeal over Restitution of the Guelph Treasure & Other Stories

July 8, 2020

Blogs

Street Art Sent to Space & Other Headlines

June 15, 2020

Blogs

Hirst Spot Print Turned into Spots by MSCHF, Courtroom Artists Face New Challenge, Banksy Pays Homage to Hospital Workers

May 28, 2020

Blogs

A Case for Indiana Jones: Oxford Professor Arrested for Allegedly Selling Stolen Goods & Other Art World Headlines

May 12, 2020

Blogs

An Art World Copyright Update & Other Stories

April 17, 2020

Insights

Employer Risk Management in the Age of Coronavirus

April 13, 2020

Blogs

The Art World Takes on the New Normal and Other Headlines

April 10, 2020

Attorney Articles

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

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

Blogs

$6.75 Million Award for 5Pointz Aerosol Artists Affirmed on Appeal and Other Headlines

February 27, 2020

Blogs

UK Introduces Money Laundering Regulations to the Art Market and Other Headlines

January 24, 2020

Firm Highlights

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
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
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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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
Events
Recent Developments on Equitable Relief Under ERISA
Joshua Bachrach (Partner-Philadelphia, PA) will present “Recent Developments on Equitable Relief Under ERISA” at the 2026 DRI Life, Health, Disability & ERISA Seminar, held April 29 – May 1, 2026, in Atlanta, Georgia. Josh’s session provides a brief review of relevant Supreme Court decisions and covers various topics, such as whether surcharge is a permissible remedy under ERISA, use of Section 502(a)(3) to recover attorney’s fees, and the applicability of the exhaustion requirement. Josh, who has handled several hundred ERISA cases nationwide, also addresses breach of fiduciary duty claims and equitable relief remedies at this preeminent seminar for in-house and outside counsel regularly practicing in the life, health, disability, and ERISA areas.
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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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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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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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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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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
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
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
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
Events
Recent Developments on Equitable Relief Under ERISA
Joshua Bachrach (Partner-Philadelphia, PA) will present “Recent Developments on Equitable Relief Under ERISA” at the 2026 DRI Life, Health, Disability & ERISA Seminar, held April 29 – May 1, 2026, in Atlanta, Georgia. Josh’s session provides a brief review of relevant Supreme Court decisions and covers various topics, such as whether surcharge is a permissible remedy under ERISA, use of Section 502(a)(3) to recover attorney’s fees, and the applicability of the exhaustion requirement. Josh, who has handled several hundred ERISA cases nationwide, also addresses breach of fiduciary duty claims and equitable relief remedies at this preeminent seminar for in-house and outside counsel regularly practicing in the life, health, disability, and ERISA areas.
Read more
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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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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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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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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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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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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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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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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Events
Recent Developments on Equitable Relief Under ERISA
Joshua Bachrach (Partner-Philadelphia, PA) will present “Recent Developments on Equitable Relief Under ERISA” at the 2026 DRI Life, Health, Disability & ERISA Seminar, held April 29 – May 1, 2026, in Atlanta, Georgia. Josh’s session provides a brief review of relevant Supreme Court decisions and covers various topics, such as whether surcharge is a permissible remedy under ERISA, use of Section 502(a)(3) to recover attorney’s fees, and the applicability of the exhaustion requirement. Josh, who has handled several hundred ERISA cases nationwide, also addresses breach of fiduciary duty claims and equitable relief remedies at this preeminent seminar for in-house and outside counsel regularly practicing in the life, health, disability, and ERISA areas.
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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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