Publications

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

Law360 Features Farmer on Warhol Copyright Battle
When: October 6, 2022
People: Jana S. Farmer
Considerations of Copyright and First Amendment Rights in Appropriation Art
When: September 30, 2022
People: Jana S. Farmer
Ninth Circuit Reverses Ruling in Copyright Infringement Case Involving Photographs of Picasso’s Artworks
When: August 9, 2022
People: Jana S. Farmer and Leia Leitner
First DOJ NFT Insider Trading Charges Mark New Enforcement Era
When: June 29, 2022
People: William H. Behr, Jana S. Farmer and John P. Cahill
Westlaw Today Features Data Privacy Article by Farmer and Bortnick
When: June 26, 2022
People: Jana S. Farmer and Richard J. Bortnick
Considerations of Copyright and First Amendment Rights in Appropriation Art
When: June 13, 2022
People: Jana S. Farmer
Hackers Go Phishing in Beeple’s Deep Pool of Twitter Followers
When: June 8, 2022
People: Jana S. Farmer
U.S. Copyright Office Weighs in on AI-Created Art, Jeff Koons Claims a Sculpture Is a Useful Article and Other Stories
When: March 10, 2022
People: Jana S. Farmer and Leia Leitner
National Law Review Publishes Farmer, Fisher, Taylor and Leitner on Recent Third Circuit Decision Impacting Immunity Granted to Internet Platforms
When: November 18, 2021
People: Jana S. Farmer and Leia Leitner
Third Circuit Takes an Anti-Platform View in Interpreting the Communications Decency Act, Creating a Circuit Split
When: October 29, 2021
People: Jana S. Farmer and Leia Leitner
Sports Litigation Alert Publishes Bialek and Farmer on “Greek Freak” Trademark
When: September 20, 2021
People: Adam R. Bialek and Jana S. Farmer
Online and Offline Disclosure of Data Collection Practices under California’s Privacy Law
When: September 14, 2021
People: Jana S. Farmer
The Vatican Faces a Copyright Infringement Lawsuit
When: June 17, 2021
People: Jana S. Farmer
First In-Person Art Fair in a Year and Other Headlines
When: May 14, 2021
People: Jana S. Farmer
SCOTUS Sets Precedent on the Expropriation Exception to the Foreign Sovereign Immunities Act in the Guelph Treasure Case, and Other Stories
When: February 9, 2021
People: Jana S. Farmer
5Pointz Artists Claim Final Victory as SCOTUS Denies Cert & Other Headlines
When: October 16, 2020
People: Jana S. Farmer
Brooklyn Museum Deaccessioning Artworks, Banksy Loses Trademark Battle and Other Stories
When: September 30, 2020
People: Jana S. Farmer
U.S. Senate Subcommittee on Investigations Recommends Regulation of the Art Market & Other Headlines
When: August 20, 2020
People: Jana S. Farmer
Disgraced Art Dealer Inigo Philbrick Indicted on Federal Fraud Charges & Other Stories
When: July 31, 2020
People: Jana S. Farmer
Paris Dealer Who Sold Golden Sarcophagus to the Met Charged with Money Laundering & Other Stories
When: July 20, 2020
People: Jana S. Farmer and John P. Cahill
U.S. Supreme Court Will Hear Appeal over Restitution of the Guelph Treasure & Other Stories
When: July 8, 2020
People: Jana S. Farmer
Street Art Sent to Space & Other Headlines
When: June 15, 2020
People: Jana S. Farmer
Hirst Spot Print Turned into Spots by MSCHF, Courtroom Artists Face New Challenge, Banksy Pays Homage to Hospital Workers
When: May 28, 2020
People: Jana S. Farmer and John P. Cahill
A Case for Indiana Jones: Oxford Professor Arrested for Allegedly Selling Stolen Goods & Other Art World Headlines
When: May 12, 2020
People: Jana S. Farmer
An Art World Copyright Update & Other Stories
When: April 17, 2020
People: Jana S. Farmer
Employer Risk Management in the Age of Coronavirus
When: April 13, 2020
People: Jana S. Farmer and Ian A. Stewart
The Art World Takes on the New Normal and Other Headlines
When: April 10, 2020
People: Jana S. Farmer
Managing Employer Risk in the Age of the Coronavirus Parts 1 & 2
When: April 9–10, 2020
People: Jana S. Farmer and Ian A. Stewart
$6.75 Million Award for 5Pointz Aerosol Artists Affirmed on Appeal and Other Headlines
When: February 27, 2020
People: Jana S. Farmer and John P. Cahill
UK Introduces Money Laundering Regulations to the Art Market and Other Headlines
When: January 24, 2020
People: Jana S. Farmer

Publications

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

Publications

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

Publications
Delay Defeats Arbitration: Nevada High Court Finds 17 Months Too Long
While arbitration clauses are ubiquitous in contracts, they are meaningless if the parties do not move quickly enough to enforce them. In Lennar Communities Nevada, LLC v. Whalen, the plaintiff executed a residential purchase and sale agreement that included an arbitration clause. She then tripped and fell within the community. She sued the developer, and the parties participated in extensive discovery. The developer did not attempt to enforce the arbitration clause for 17 months. While waiver is disfavored, the Supreme Court concluded that the three-factor test for waiver was satisfied. First, the developer knew of the waiver. Second, they acted inconsistently with the right to arbitrate by actively litigating the case in court for such a long time. The Court then introduced a new factor to the analysis. “[C]ourts should consider the totality of the circumstances when evaluating whether a party has already litigated an issue it subsequently seeks to arbitrate.” That factor was met too. The Court next considered whether not invoking the arbitration clause earlier prejudiced the plaintiff. It expressed doubt whether that factor was valid but did not overrule it. Regardless, prejudice was found because the developer was able to obtain discovery in court that typically is unavailable in arbitration. The opinion reiterates the importance of identifying potential arbitration clauses and deciding whether to invoke them as soon as possible.
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Publications
Westlaw Today Features Fink Article on Shifting Landscape of Internet Liability & Safe Harbor Protections
Sarah Fink (Of Counsel-Long Island, NY) authored “Mixed Signals on the Free Flow of information Online – One Step Forward, Two Steps Back,” appearing in the April 21, 2026, posting of Westlaw Today. The article examines three recent court decisions that send mixed signals on the future of internet liability and statutory safe harbor defenses, highlighting a Supreme Court ruling that reinforces protections for online service providers and encourages the free flow of information, alongside two state court rulings (California and New Mexico) that expand potential liability for social media platforms, holding that they can be held liable for harm caused by addiction to social media. Sarah opines, “Together, these three decisions highlight the tension between First Amendment speech rights, statutory safe harbors, public safety online, and recourse for harms, such as mental health deterioration and copyright infringement.” She further explains that the cases “also demonstrate that the traditional statutory safe harbors for internet actors may be circumvented by creative pleading and litigation tactics, leading to questions about their continued relevance.”
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.
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Events
Using Experts to Defend BI and Business Interruption Claims
Gregory McGroarty (Of Counsel-Madison, NJ) will moderate the New Jersey Defense Association’s webinar “Using Experts to Defend BI and Business Interruption Claims,” on May 1, 2026. Greg, alongside industry professionals from YA Group, MC Consultants, and Rimkus, will offer practical insights on evaluating and defending common claims that can disrupt business operations. Topics covered include premises liability strategies for slip-and-fall accidents, injury considerations in low-speed motor vehicle accidents, and the effective assessment of business property damage and interruption claims.
Read more
News
Super Lawyers Names Three to 2026 Virginia Rising Stars List
Super Lawyers® has named three Wilson Elser attorneys to the 2026 Virginia Rising Stars™ list: Rising Stars Natalie B. Jacobs (Associate) – Professional Liability: Defense Haley B. Mathis (Of Counsel) – Business Litigation Hariton J. Wilson (Associate) – Civil Litigation: Defense Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The Rising Stars lists, comprising the best attorneys 40 years old and younger or who have practiced law for 10 years or less, are published in Super Lawyers magazines and leading city and regional magazines nationwide. No more than 2.5 percent of the lawyers in the state are named to these lists.
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Events
ANSI Standards in Product Liability Litigation: Admissibility, Strategic Use, and Practical Risk Management
Andrew Albright (Partner-Chicago) and Keti Mebuke (Associate-Chicago) will present the Wilson Elser Forum webinar “ANSI Standards in Product Liability Litigation: Admissibility, Strategic Use, and Practical Risk Management” on April 30, 2026. The webinar examines how courts treat voluntary industry safety standards in product liability cases, including their admissibility at trial and how these standards are used by experts to evaluate product design and safety. Using a revolving-door injury case by way of example, the webinar will discuss how ANSI standards (including ANSI/BHMA A156.27, governing power-operated revolving doors) are applied in product liability litigation. The session will also review relevant case law, including Illinois authority, addressing the admissibility and evidentiary role of industry standards. The webinar is designed for attorneys, claims professionals, and risk managers who handle product liability matters and seek a practical understanding of how ANSI standards influence trial, expert testimony, litigation strategy, and risk management.
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Client Wins
Brinker and Heydari Secure Summary Judgment in Legal Malpractice Case
Craig Brinker (Partner–Dallas, TX) and Meina Heydari (Associate–Washington, D.C.) obtained dismissal of a legal malpractice and gross negligence case in the 401st District Court of Collin County, on behalf of Wilson Elser’s clients, a law firm and two attorneys. Our clients had represented the plaintiff in an earlier child custody case. The pro se plaintiff alleged that in the underlying matter, the attorneys failed to adequately represent her during a contested temporary orders hearing in a Suit Affecting the Parent-Child Relationship (SAPCR) action involving custody and support issues concerning her minor son, and sought actual and exemplary damages. Craig and Meina filed a no-evidence motion for summary judgment under Texas Rule of Civil Procedure 166a(h)(3), arguing that because the plaintiff’s claims turned on her attorneys’ litigation strategy in a complex family-law proceeding, expert testimony was required to establish the breach and causation elements of her claims. They further argued that the plaintiff’s failure to designate any experts, despite receiving a thirty-day extension of the designation deadline, warranted dismissal. Craig and Meina also successfully opposed the plaintiff’s invocation of the “common knowledge” exception and request for additional discovery, establishing that the absence of expert testimony was a dispositive deficiency that further discovery could not cure. The court granted Wilson Elser’s motion and dismissed the plaintiff’s claims against all three defendants with prejudice.
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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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Publications
New York’s AVOID Act Imposes 90-Day Deadline for Third-Party Claims
The New York Avoiding Vexatious Overuse of Impleading to Delay (AVOID) Act became effective on April 18, 2026, establishing new deadlines for third-party complaints. Under this Act, a third-party plaintiff must file their complaint within 90 days of serving the initial answer pursuant to CPLR § 1007(b).1 Any third-party complaint against a plaintiff’s employer, however, must be filed within 90 days of the later of (1) discovering the employer’s identity; or (2) determining that the plaintiff sustained a “grave injury” as defined by Section 11 of the Workers’ Compensation Law. CPLR § 1007(e).2 The Act prohibits filing a third-party complaint after the note of issue unless upon good cause shown or in the interest of justice. CPLR § 1007(c).3 A third-party action filed in violation of this subdivision shall be severed or dismissed without prejudice. CPLR § 1007(d).4 Any severed actions that are initiated as new actions cannot then be consolidated. CPLR § 1007(f).5 Regarding retroactivity: an amendment clarifies that the Act applies to all cases commenced on or after the April 18, 2026 effective date.6 Be advised that as of April 16, 2026, the New York State website has not yet integrated this amendment into the statutory text.7 Lexis captures this update in the editor’s notes,8 and Westlaw includes it within the proposed legislation section.9 ____________________________________________________________________________________ 1 https://www.nysenate.gov/legislation/laws/CVP/1007  2 https://www.nysenate.gov/legislation/laws/CVP/1007  3 https://www.nysenate.gov/legislation/laws/CVP/1007  4 https://www.nysenate.gov/legislation/laws/CVP/1007  5 https://www.nysenate.gov/legislation/laws/CVP/1007  6 https://www.nysenate.gov/legislation/bills/2025/S8809  7 https://www.nysenate.gov/legislation/laws/CVP/1007  8 2026 N.Y. ALS 79 ; 2026 N.Y. Laws 79 ; 2026 N.Y. Ch. 79 ; 2026 N.Y. SB 8809 9 https://1.next.westlaw.com/Document/NFE11DA10E4E211F0AA39CB673CF36EC6/View/FullText.html?navigationPath=Search/v1/results/navigation/i0a93b86c0000019d9c1ba0e5c3a0e723?ppcid=44f5a950322a4255ae42b3e5a5e57b22&Nav=MULTIPLECITATIONS&fragmentIdentifier=NFE11DA10E4E211F0AA39CB673CF36EC6&parentRank=0&startIndex=1&contextData=%28sc.Search%29&transitionType=UniqueDocItem&listSource=Search&listPageSource=781efccd7c647a1b5673e671cb33d842&list=MULTIPLECITATIONS&sessionScopeId=a4a94ca7e43970d7bb6b9036b5ab4e414796eb2f36e0a800dc47d1459a582deb&ppcid=44f5a950322a4255ae42b3e5a5e57b22&originationContext=NonUniqueFindSelected&transitionType=UniqueDocItem&contextData=(sc.Search)
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News
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
Westlaw Today Features Fink Article on Shifting Landscape of Internet Liability & Safe Harbor Protections
Sarah Fink (Of Counsel-Long Island, NY) authored “Mixed Signals on the Free Flow of information Online – One Step Forward, Two Steps Back,” appearing in the April 21, 2026, posting of Westlaw Today. The article examines three recent court decisions that send mixed signals on the future of internet liability and statutory safe harbor defenses, highlighting a Supreme Court ruling that reinforces protections for online service providers and encourages the free flow of information, alongside two state court rulings (California and New Mexico) that expand potential liability for social media platforms, holding that they can be held liable for harm caused by addiction to social media. Sarah opines, “Together, these three decisions highlight the tension between First Amendment speech rights, statutory safe harbors, public safety online, and recourse for harms, such as mental health deterioration and copyright infringement.” She further explains that the cases “also demonstrate that the traditional statutory safe harbors for internet actors may be circumvented by creative pleading and litigation tactics, leading to questions about their continued relevance.”
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
Using Experts to Defend BI and Business Interruption Claims
Gregory McGroarty (Of Counsel-Madison, NJ) will moderate the New Jersey Defense Association’s webinar “Using Experts to Defend BI and Business Interruption Claims,” on May 1, 2026. Greg, alongside industry professionals from YA Group, MC Consultants, and Rimkus, will offer practical insights on evaluating and defending common claims that can disrupt business operations. Topics covered include premises liability strategies for slip-and-fall accidents, injury considerations in low-speed motor vehicle accidents, and the effective assessment of business property damage and interruption claims.
Read more
News
Super Lawyers Names Three to 2026 Virginia Rising Stars List
Super Lawyers® has named three Wilson Elser attorneys to the 2026 Virginia Rising Stars™ list: Rising Stars Natalie B. Jacobs (Associate) – Professional Liability: Defense Haley B. Mathis (Of Counsel) – Business Litigation Hariton J. Wilson (Associate) – Civil Litigation: Defense Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The Rising Stars lists, comprising the best attorneys 40 years old and younger or who have practiced law for 10 years or less, are published in Super Lawyers magazines and leading city and regional magazines nationwide. No more than 2.5 percent of the lawyers in the state are named to these lists.
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Events
ANSI Standards in Product Liability Litigation: Admissibility, Strategic Use, and Practical Risk Management
Andrew Albright (Partner-Chicago) and Keti Mebuke (Associate-Chicago) will present the Wilson Elser Forum webinar “ANSI Standards in Product Liability Litigation: Admissibility, Strategic Use, and Practical Risk Management” on April 30, 2026. The webinar examines how courts treat voluntary industry safety standards in product liability cases, including their admissibility at trial and how these standards are used by experts to evaluate product design and safety. Using a revolving-door injury case by way of example, the webinar will discuss how ANSI standards (including ANSI/BHMA A156.27, governing power-operated revolving doors) are applied in product liability litigation. The session will also review relevant case law, including Illinois authority, addressing the admissibility and evidentiary role of industry standards. The webinar is designed for attorneys, claims professionals, and risk managers who handle product liability matters and seek a practical understanding of how ANSI standards influence trial, expert testimony, litigation strategy, and risk management.
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Client Wins
Brinker and Heydari Secure Summary Judgment in Legal Malpractice Case
Craig Brinker (Partner–Dallas, TX) and Meina Heydari (Associate–Washington, D.C.) obtained dismissal of a legal malpractice and gross negligence case in the 401st District Court of Collin County, on behalf of Wilson Elser’s clients, a law firm and two attorneys. Our clients had represented the plaintiff in an earlier child custody case. The pro se plaintiff alleged that in the underlying matter, the attorneys failed to adequately represent her during a contested temporary orders hearing in a Suit Affecting the Parent-Child Relationship (SAPCR) action involving custody and support issues concerning her minor son, and sought actual and exemplary damages. Craig and Meina filed a no-evidence motion for summary judgment under Texas Rule of Civil Procedure 166a(h)(3), arguing that because the plaintiff’s claims turned on her attorneys’ litigation strategy in a complex family-law proceeding, expert testimony was required to establish the breach and causation elements of her claims. They further argued that the plaintiff’s failure to designate any experts, despite receiving a thirty-day extension of the designation deadline, warranted dismissal. Craig and Meina also successfully opposed the plaintiff’s invocation of the “common knowledge” exception and request for additional discovery, establishing that the absence of expert testimony was a dispositive deficiency that further discovery could not cure. The court granted Wilson Elser’s motion and dismissed the plaintiff’s claims against all three defendants with prejudice.
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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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Publications
New York’s AVOID Act Imposes 90-Day Deadline for Third-Party Claims
The New York Avoiding Vexatious Overuse of Impleading to Delay (AVOID) Act became effective on April 18, 2026, establishing new deadlines for third-party complaints. Under this Act, a third-party plaintiff must file their complaint within 90 days of serving the initial answer pursuant to CPLR § 1007(b).1 Any third-party complaint against a plaintiff’s employer, however, must be filed within 90 days of the later of (1) discovering the employer’s identity; or (2) determining that the plaintiff sustained a “grave injury” as defined by Section 11 of the Workers’ Compensation Law. CPLR § 1007(e).2 The Act prohibits filing a third-party complaint after the note of issue unless upon good cause shown or in the interest of justice. CPLR § 1007(c).3 A third-party action filed in violation of this subdivision shall be severed or dismissed without prejudice. CPLR § 1007(d).4 Any severed actions that are initiated as new actions cannot then be consolidated. CPLR § 1007(f).5 Regarding retroactivity: an amendment clarifies that the Act applies to all cases commenced on or after the April 18, 2026 effective date.6 Be advised that as of April 16, 2026, the New York State website has not yet integrated this amendment into the statutory text.7 Lexis captures this update in the editor’s notes,8 and Westlaw includes it within the proposed legislation section.9 ____________________________________________________________________________________ 1 https://www.nysenate.gov/legislation/laws/CVP/1007  2 https://www.nysenate.gov/legislation/laws/CVP/1007  3 https://www.nysenate.gov/legislation/laws/CVP/1007  4 https://www.nysenate.gov/legislation/laws/CVP/1007  5 https://www.nysenate.gov/legislation/laws/CVP/1007  6 https://www.nysenate.gov/legislation/bills/2025/S8809  7 https://www.nysenate.gov/legislation/laws/CVP/1007  8 2026 N.Y. ALS 79 ; 2026 N.Y. Laws 79 ; 2026 N.Y. Ch. 79 ; 2026 N.Y. SB 8809 9 https://1.next.westlaw.com/Document/NFE11DA10E4E211F0AA39CB673CF36EC6/View/FullText.html?navigationPath=Search/v1/results/navigation/i0a93b86c0000019d9c1ba0e5c3a0e723?ppcid=44f5a950322a4255ae42b3e5a5e57b22&Nav=MULTIPLECITATIONS&fragmentIdentifier=NFE11DA10E4E211F0AA39CB673CF36EC6&parentRank=0&startIndex=1&contextData=%28sc.Search%29&transitionType=UniqueDocItem&listSource=Search&listPageSource=781efccd7c647a1b5673e671cb33d842&list=MULTIPLECITATIONS&sessionScopeId=a4a94ca7e43970d7bb6b9036b5ab4e414796eb2f36e0a800dc47d1459a582deb&ppcid=44f5a950322a4255ae42b3e5a5e57b22&originationContext=NonUniqueFindSelected&transitionType=UniqueDocItem&contextData=(sc.Search)
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News
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
Westlaw Today Features Fink Article on Shifting Landscape of Internet Liability & Safe Harbor Protections
Sarah Fink (Of Counsel-Long Island, NY) authored “Mixed Signals on the Free Flow of information Online – One Step Forward, Two Steps Back,” appearing in the April 21, 2026, posting of Westlaw Today. The article examines three recent court decisions that send mixed signals on the future of internet liability and statutory safe harbor defenses, highlighting a Supreme Court ruling that reinforces protections for online service providers and encourages the free flow of information, alongside two state court rulings (California and New Mexico) that expand potential liability for social media platforms, holding that they can be held liable for harm caused by addiction to social media. Sarah opines, “Together, these three decisions highlight the tension between First Amendment speech rights, statutory safe harbors, public safety online, and recourse for harms, such as mental health deterioration and copyright infringement.” She further explains that the cases “also demonstrate that the traditional statutory safe harbors for internet actors may be circumvented by creative pleading and litigation tactics, leading to questions about their continued relevance.”
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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
Using Experts to Defend BI and Business Interruption Claims
Gregory McGroarty (Of Counsel-Madison, NJ) will moderate the New Jersey Defense Association’s webinar “Using Experts to Defend BI and Business Interruption Claims,” on May 1, 2026. Greg, alongside industry professionals from YA Group, MC Consultants, and Rimkus, will offer practical insights on evaluating and defending common claims that can disrupt business operations. Topics covered include premises liability strategies for slip-and-fall accidents, injury considerations in low-speed motor vehicle accidents, and the effective assessment of business property damage and interruption claims.
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News
Super Lawyers Names Three to 2026 Virginia Rising Stars List
Super Lawyers® has named three Wilson Elser attorneys to the 2026 Virginia Rising Stars™ list: Rising Stars Natalie B. Jacobs (Associate) – Professional Liability: Defense Haley B. Mathis (Of Counsel) – Business Litigation Hariton J. Wilson (Associate) – Civil Litigation: Defense Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The Rising Stars lists, comprising the best attorneys 40 years old and younger or who have practiced law for 10 years or less, are published in Super Lawyers magazines and leading city and regional magazines nationwide. No more than 2.5 percent of the lawyers in the state are named to these lists.
Read more
Events
ANSI Standards in Product Liability Litigation: Admissibility, Strategic Use, and Practical Risk Management
Andrew Albright (Partner-Chicago) and Keti Mebuke (Associate-Chicago) will present the Wilson Elser Forum webinar “ANSI Standards in Product Liability Litigation: Admissibility, Strategic Use, and Practical Risk Management” on April 30, 2026. The webinar examines how courts treat voluntary industry safety standards in product liability cases, including their admissibility at trial and how these standards are used by experts to evaluate product design and safety. Using a revolving-door injury case by way of example, the webinar will discuss how ANSI standards (including ANSI/BHMA A156.27, governing power-operated revolving doors) are applied in product liability litigation. The session will also review relevant case law, including Illinois authority, addressing the admissibility and evidentiary role of industry standards. The webinar is designed for attorneys, claims professionals, and risk managers who handle product liability matters and seek a practical understanding of how ANSI standards influence trial, expert testimony, litigation strategy, and risk management.
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