Obtained summary judgment in medical malpractice case on behalf of a large New York teaching hospital when the plaintiff, diagnosed with sinonasal cancer, was left with a striking deformity when much of the left side of his face was removed in treatment.

Montilla v. St. Luke’s-Roosevelt Hospital, 147 A.D.3d 404 (NY 1st Dep’t 2017) was a case where Judy continued to build on previous victories premised on the identification of defects in an adversary’s summary judgment submissions. Specifically, the case involved a dispute between the parties over a fall in a hospital where the plaintiff claimed that the patient had a stroke because she fell. The defense demonstrated that the events occurred the other way around; the patient fell because she had a stroke. On appeal, Judy successfully demonstrated that the plaintiff’s expert submission was insufficient and defective in many ways; therefore the plaintiff could not defeat the defendant’s entitlement to summary judgment. Judy had previously obtained successful results on similar issues, including in the case of Ahmed v. Pannone, 116 A.D.3d 802 (NY 2d Dep’t 2014).

Friedman v. Hebrew Home, 131 A.D.3d 421 (NY 1st Dep’t 2015) was a precedent-setting win for Judy involving an arbitration clause. The plaintiff had challenged the clause on the ground that it violates the New York Public Health Law, but Judy successfully argued that the section in question is preempted by the Federal Arbitration Act and that the McCarran-Ferguson Act does not apply; therefore there is no reverse-preemption present. Further, Judy convinced the court that the clause in question was not procedurally or substantively unconscionable. Therefore, the case was to go to arbitration, rather than be litigated in court.

Kowalski v. St. Francis Hospital, 21 N.Y.3d 480 (2013) was another of Judy’s critical, precedent-setting cases. This case involved the medical malpractice claim of an intoxicated patient who voluntarily presented to a hospital for detoxification treatment but changed his mind and wished to leave while still intoxicated. The hospital did not prevent him from leaving. Hours later, the patient was hit by a car and, in the resulting lawsuit, claimed the hospital should have prevented his departure. New York’s highest court, the Court of Appeals, held that the hospital had neither the duty nor the right to detain the plaintiff and the case was dismissed.

Carreras v. Morrisania Towers, 107 A.D.3d 618 (NY 1st Dep’t 2013), lv. to appeal denied, 22 N.Y.3d 852 (2013) was another high-exposure case, this one involving a claim of inadequate premises security. The plaintiff was a resident of a housing complex where he had engaged non-residents in a fist-fight that evolved into a shooting. The defendants (including the building and the security company) were awarded summary judgment after the Appellate Division, First Department was persuaded that the plaintiff had the opportunity to avoid the fight altogether, meaning, conversely, that his decision to engage in it was voluntary. This act severed proximate causation, entitling the defendants to dismissal of the case.

VBH Luxury v. 940 Madison Assoc., 18 N.Y.3d 899 (2012) was a precedent-setting coverage case in which Judy successfully argued to New York’s highest court that a liability policy does not provide coverage for litigation arising between the insured and the additional insured of the same policy (such as in this case when the tenant sued the property owner and the owner sought coverage under the tenant’s policy to which he was an additional insured). This case resolved a split between New York’s appellate divisions on the issue and did so in the insurers’ favor.

Kelly v. New York Organ Donor Network, 950 N.Y.S.2d 723 (N.Y. Sup. Ct., Suffolk Co., Asher, J.S.C., March 30, 2012) was a critical case to the organ donation community. The allegations against Judy’s client, an organ procurement organization (OPO), were that it failed to prevent the transmission of cancer to multiple recipients of a donor’s organs. In the hard-fought summary judgment battle that followed, Judy prevailed by successfully demonstrating to the court that an OPO is not a medical provider and that it cannot and is not required to identify a misdiagnosis by the donor’s treating physicians. Instead, it can and does merely provide the donor’s known medical information to potential recipients’ physicians so that they may determine whether to accept organs for transplantation.

Rumola v. Maimonides Medical Center, 88 A.D.3d 781 (NY 2d Dep’t 2011) is an example of the many procedural issues that Judy has successfully handled. In this case, the plaintiff failed to timely substitute an administrator to prosecute his case. The Appellate Division, Second Department held that, given the circumstances, the plaintiff “failed to prosecute” his action and may not seek to recommence the case with a new administrator. Accordingly, dismissal was granted. Notably, Rumola is quickly becoming one of the key cases on this issue and has been cited repeatedly by the Second Department in subsequent decisions.

Representative Matters

Obtained summary judgment in medical malpractice case on behalf of a large New York teaching hospital when the plaintiff, diagnosed with sinonasal cancer, was left with a striking deformity when much of the left side of his face was removed in treatment.

Montilla v. St. Luke’s-Roosevelt Hospital, 147 A.D.3d 404 (NY 1st Dep’t 2017) was a case where Judy continued to build on previous victories premised on the identification of defects in an adversary’s summary judgment submissions. Specifically, the case involved a dispute between the parties over a fall in a hospital where the plaintiff claimed that the patient had a stroke because she fell. The defense demonstrated that the events occurred the other way around; the patient fell because she had a stroke. On appeal, Judy successfully demonstrated that the plaintiff’s expert submission was insufficient and defective in many ways; therefore the plaintiff could not defeat the defendant’s entitlement to summary judgment. Judy had previously obtained successful results on similar issues, including in the case of Ahmed v. Pannone, 116 A.D.3d 802 (NY 2d Dep’t 2014).

Friedman v. Hebrew Home, 131 A.D.3d 421 (NY 1st Dep’t 2015) was a precedent-setting win for Judy involving an arbitration clause. The plaintiff had challenged the clause on the ground that it violates the New York Public Health Law, but Judy successfully argued that the section in question is preempted by the Federal Arbitration Act and that the McCarran-Ferguson Act does not apply; therefore there is no reverse-preemption present. Further, Judy convinced the court that the clause in question was not procedurally or substantively unconscionable. Therefore, the case was to go to arbitration, rather than be litigated in court.

Kowalski v. St. Francis Hospital, 21 N.Y.3d 480 (2013) was another of Judy’s critical, precedent-setting cases. This case involved the medical malpractice claim of an intoxicated patient who voluntarily presented to a hospital for detoxification treatment but changed his mind and wished to leave while still intoxicated. The hospital did not prevent him from leaving. Hours later, the patient was hit by a car and, in the resulting lawsuit, claimed the hospital should have prevented his departure. New York’s highest court, the Court of Appeals, held that the hospital had neither the duty nor the right to detain the plaintiff and the case was dismissed.

Carreras v. Morrisania Towers, 107 A.D.3d 618 (NY 1st Dep’t 2013), lv. to appeal denied, 22 N.Y.3d 852 (2013) was another high-exposure case, this one involving a claim of inadequate premises security. The plaintiff was a resident of a housing complex where he had engaged non-residents in a fist-fight that evolved into a shooting. The defendants (including the building and the security company) were awarded summary judgment after the Appellate Division, First Department was persuaded that the plaintiff had the opportunity to avoid the fight altogether, meaning, conversely, that his decision to engage in it was voluntary. This act severed proximate causation, entitling the defendants to dismissal of the case.

VBH Luxury v. 940 Madison Assoc., 18 N.Y.3d 899 (2012) was a precedent-setting coverage case in which Judy successfully argued to New York’s highest court that a liability policy does not provide coverage for litigation arising between the insured and the additional insured of the same policy (such as in this case when the tenant sued the property owner and the owner sought coverage under the tenant’s policy to which he was an additional insured). This case resolved a split between New York’s appellate divisions on the issue and did so in the insurers’ favor.

Kelly v. New York Organ Donor Network, 950 N.Y.S.2d 723 (N.Y. Sup. Ct., Suffolk Co., Asher, J.S.C., March 30, 2012) was a critical case to the organ donation community. The allegations against Judy’s client, an organ procurement organization (OPO), were that it failed to prevent the transmission of cancer to multiple recipients of a donor’s organs. In the hard-fought summary judgment battle that followed, Judy prevailed by successfully demonstrating to the court that an OPO is not a medical provider and that it cannot and is not required to identify a misdiagnosis by the donor’s treating physicians. Instead, it can and does merely provide the donor’s known medical information to potential recipients’ physicians so that they may determine whether to accept organs for transplantation.

Rumola v. Maimonides Medical Center, 88 A.D.3d 781 (NY 2d Dep’t 2011) is an example of the many procedural issues that Judy has successfully handled. In this case, the plaintiff failed to timely substitute an administrator to prosecute his case. The Appellate Division, Second Department held that, given the circumstances, the plaintiff “failed to prosecute” his action and may not seek to recommence the case with a new administrator. Accordingly, dismissal was granted. Notably, Rumola is quickly becoming one of the key cases on this issue and has been cited repeatedly by the Second Department in subsequent decisions.

Representative Matters

Peticca Gets Reckless Language Stricken; Affirmed on Appeal with Audibert & Selmeci

Chris Peticca (Associate-White Plains, NY) defended a hospital in a case in which the plaintiff pled that the our client’s conduct was “careless” and “reckless,” and negligent. In conferences and, ultimately, by motion submitted on the court’s invitation, Chris convinced Judge Frishman (Bronx County) to strike the “careless” and “reckless” language from the pleadings. The plaintiff appealed. On the appeal handled by Julia Audibert (Associate-New York, NY) and Judy Selmeci (Partner-New York, NY), the plaintiff challenged the timeliness of the motion and argued that the possibility of punitive damages lingers, including pursuant to Pub. H. Law 2801-d. We pointed out in response that none of that is right, arguing that the motion was made when the judge invited the defendant to submit it, so it was entirely within the court’s discretion to entertain the motion. In addition, Julia and Judy argued, the defendant is not a residential health care facility, so PHL 2801-d is not applicable. In addition, the plaintiff had not pled any facts to support a punitive claim and there could be no dispute that the language was prejudicial, and an order striking prejudicial language from pleadings is not appealable and the plaintiff had not sought leave to appeal. The First Department agreed that the order was not appealable but sua sponte granted the plaintiff leave to appeal – only to then agree with all of our other points and affirm.   

Christopher J. Peticca, Julia Audibert and Judy C. Selmeci

Friedberg, Peticca & Selmeci Obtain Affirmance of Summary Judgment Motion

Alan Friedberg (Senior Counsel-White Plains, NY), Christopher Peticca (Associate-White Plains, NY), and Judy Selmeci (Partner-New York, NY) obtained affirmance of a summary judgment motion on behalf of our major hospital client, from the Appellate Division, First Department. Alan argued the motion before the five-panel bench, which asked probing questions of the plaintiff’s counsel, who was appealing the dismissal of his case by Bronx Supreme Court because the expert’s affidavit submitted by the plaintiff was insufficient to refute the allegations of the two experts presented by the defense. The EMTs that transported plaintiff’s decedent, while not employees of our client, wore hospital insignias, and the ambulance had a hospital emblem, as the result of a contract with the employers of the EMTs, which subsequently went bankrupt. Accordingly, plaintiff’s counsel was arguing that the EMTs were ostensible employees of our client. Essentially, the argument was that plaintiff’s decedent was provided with oxygen as the result of her abdominal pain, and when she arrived in the emergency room, her blood oxygen level was normal at 100 percent. Accordingly, while plaintiff’s decedent went into a code within nine minutes of arriving in the emergency room, the experts pointed out that she was properly treated for the abdominal pain and even for respiratory distress as she was rapidly brought to the hospital emergency room and was in stable condition at the time she arrived at the hospital’s emergency room. Both the Supreme Court Justice in Bronx County, and the Appellate Division Bench, readily understood the defense made out by the defense team, and appropriately granted and affirmed a dismissal in this case.

Alan B. Friedberg, Christopher J. Peticca and Judy C. Selmeci

Fernandez, Friedberg and Selmeci Extract Plastic Surgeon from Web of Progressive Diagnoses

Emily L. Fernandez (Partner-White Plains, NY), Alan B. Friedberg (Senior Counsel-White Plains, NY) and Judy Selmeci (Partner-New York, NY) obtained dismissal of a complaint, alleging permanent vision loss, orbit deformity, chronic headaches, impairment in ADLS and other sequela, in the NYS Appellate Division, Second Department, reversing the Westchester Supreme Court’s denial of our motion for summary judgment in a medical malpractice case that was scheduled for trial. The plaintiff, a then 32-year-old woman with four children, sought treatment at a non-party emergency room on 3/10/16, reporting she fainted and hit her face, injuring her right eye and causing facial fracture. A CT scan raised suspicion for entrapment of the rectus muscle from the fracture, but the ER doctor documented extraocular movement intact (EMOI). Plaintiff was referred to our client, a plastic surgeon at our hospital’s plastic surgery clinic. 

1. On 3/15/16, our client determined the plaintiff had EOMI and noted no surgical intervention at that time. Plaintiff was instructed to return in one week. 
2. On 3/22/16, the plaintiff reported doing better with continued but improved limitation of movement on extreme right-eye lateral gaze. Plaintiff was permitted to return to work and instructed to avoid heavy lifting, and instructed to return in one week. 
3. Neither our client nor the clinic has records for the plaintiff after 3/22/16. 
4. On 4/20/16, plaintiff reported new symptoms to her internist, who referred her to an ophthalmologist. 
5. At the 6/8/16 ophthalmology visit, plaintiff was referred to an oculoplastic surgeon, who reviewed the 3/10/16 CT and opined the right medial rectus muscle appeared caught on right medial orbital wall fracture. 
6. On 9/2/16, the plaintiff underwent surgery, which documented a defect in abduction on forced duction testing. A titanium implant and microplate screws were placed. On follow-up on 10/20/16, plaintiff continued to have diplopia and right abduction deficit. 

Our team’s summary judgment motion was denied by Judge Alexandra Murphy, Westchester County Supreme Court, based on an alleged issue of fact raised in the affidavit of plaintiff’s plastic surgery expert, based on the 3/10/16 CT, our client should have known plaintiff would suffer muscle entrapment and that our client abandoned plaintiff. The Second Department, in reversing Judge Murphy and granting summary judgment on all claims, agreed with our argument that plaintiff’s expert’s opinions were conclusory, speculative and unsupported by competent evidence tending to establish proximate causation. 

Emily L. Fernandez, Alan B. Friedberg and Judy C. Selmeci

Selmeci Upholds Trial Win by Grady and Semlies at Second Department

Judy Selmeci (Partner-New York, NY) successfully defended in New York Supreme Court, Appellate Division the defense verdict obtained by White Plains partners Michael Grady and Lori Semlies. In the underlying matter, the plaintiff alleged that the hospital’s radiology technician violated hospital protocols while administering intravenous contrast. Mike and Lori argued at trial that although the employee administered contrast at a different rate than the hospital’s policy suggested, the technician abided by the guidelines of the American College of Radiology which reflect the standard of care; therefore there was no malpractice. Mike and Lori consulted with the Appellate team frequently during the contentious trial and built record that proved to be a solid foundation of research and arguments for the appeal. The Appellate Division held that the hospital’s policy was merely “some evidence of negligence” and the jury could find, despite violation of the policy, as it did that the defendants did not depart from the standard of care.

Michael F. Grady, Lori Rosen Semlies and Judy C. Selmeci

Events

Obtained summary judgment in medical malpractice case on behalf of a large New York teaching hospital when the plaintiff, diagnosed with sinonasal cancer, was left with a striking deformity when much of the left side of his face was removed in treatment.

Montilla v. St. Luke’s-Roosevelt Hospital, 147 A.D.3d 404 (NY 1st Dep’t 2017) was a case where Judy continued to build on previous victories premised on the identification of defects in an adversary’s summary judgment submissions. Specifically, the case involved a dispute between the parties over a fall in a hospital where the plaintiff claimed that the patient had a stroke because she fell. The defense demonstrated that the events occurred the other way around; the patient fell because she had a stroke. On appeal, Judy successfully demonstrated that the plaintiff’s expert submission was insufficient and defective in many ways; therefore the plaintiff could not defeat the defendant’s entitlement to summary judgment. Judy had previously obtained successful results on similar issues, including in the case of Ahmed v. Pannone, 116 A.D.3d 802 (NY 2d Dep’t 2014).

Friedman v. Hebrew Home, 131 A.D.3d 421 (NY 1st Dep’t 2015) was a precedent-setting win for Judy involving an arbitration clause. The plaintiff had challenged the clause on the ground that it violates the New York Public Health Law, but Judy successfully argued that the section in question is preempted by the Federal Arbitration Act and that the McCarran-Ferguson Act does not apply; therefore there is no reverse-preemption present. Further, Judy convinced the court that the clause in question was not procedurally or substantively unconscionable. Therefore, the case was to go to arbitration, rather than be litigated in court.

Kowalski v. St. Francis Hospital, 21 N.Y.3d 480 (2013) was another of Judy’s critical, precedent-setting cases. This case involved the medical malpractice claim of an intoxicated patient who voluntarily presented to a hospital for detoxification treatment but changed his mind and wished to leave while still intoxicated. The hospital did not prevent him from leaving. Hours later, the patient was hit by a car and, in the resulting lawsuit, claimed the hospital should have prevented his departure. New York’s highest court, the Court of Appeals, held that the hospital had neither the duty nor the right to detain the plaintiff and the case was dismissed.

Carreras v. Morrisania Towers, 107 A.D.3d 618 (NY 1st Dep’t 2013), lv. to appeal denied, 22 N.Y.3d 852 (2013) was another high-exposure case, this one involving a claim of inadequate premises security. The plaintiff was a resident of a housing complex where he had engaged non-residents in a fist-fight that evolved into a shooting. The defendants (including the building and the security company) were awarded summary judgment after the Appellate Division, First Department was persuaded that the plaintiff had the opportunity to avoid the fight altogether, meaning, conversely, that his decision to engage in it was voluntary. This act severed proximate causation, entitling the defendants to dismissal of the case.

VBH Luxury v. 940 Madison Assoc., 18 N.Y.3d 899 (2012) was a precedent-setting coverage case in which Judy successfully argued to New York’s highest court that a liability policy does not provide coverage for litigation arising between the insured and the additional insured of the same policy (such as in this case when the tenant sued the property owner and the owner sought coverage under the tenant’s policy to which he was an additional insured). This case resolved a split between New York’s appellate divisions on the issue and did so in the insurers’ favor.

Kelly v. New York Organ Donor Network, 950 N.Y.S.2d 723 (N.Y. Sup. Ct., Suffolk Co., Asher, J.S.C., March 30, 2012) was a critical case to the organ donation community. The allegations against Judy’s client, an organ procurement organization (OPO), were that it failed to prevent the transmission of cancer to multiple recipients of a donor’s organs. In the hard-fought summary judgment battle that followed, Judy prevailed by successfully demonstrating to the court that an OPO is not a medical provider and that it cannot and is not required to identify a misdiagnosis by the donor’s treating physicians. Instead, it can and does merely provide the donor’s known medical information to potential recipients’ physicians so that they may determine whether to accept organs for transplantation.

Rumola v. Maimonides Medical Center, 88 A.D.3d 781 (NY 2d Dep’t 2011) is an example of the many procedural issues that Judy has successfully handled. In this case, the plaintiff failed to timely substitute an administrator to prosecute his case. The Appellate Division, Second Department held that, given the circumstances, the plaintiff “failed to prosecute” his action and may not seek to recommence the case with a new administrator. Accordingly, dismissal was granted. Notably, Rumola is quickly becoming one of the key cases on this issue and has been cited repeatedly by the Second Department in subsequent decisions.

Firm Highlights

Publications
An Update on Virginia’s Medical Malpractice Reporting Bill
A prior analysis examined the Virginia legislature’s rejection of a sweeping proposal to overhaul the state’s medical malpractice damages cap. That proposal would have doubled the cap from $3 million to $6 million, allowed prejudgment interest, expanded the statute of limitations, and imposed new insurance requirements on nursing homes. Instead, the legislature passed a narrower, reconciled version of Senate Bill 536 that left the existing damages cap schedule under Virginia Code § 8.01-581.15 untouched but created a new reporting framework requiring commercial insurers and self-insured hospitals to disclose detailed malpractice claims data to legislative leaders. At the time of publication, the reconciled bill had been sent to Governor Spanberger, who had until April 13 to sign, veto, or propose amendments.  Rather than sign or veto the reconciled bill, Governor Spanberger returned it to the legislature on April 12, 2026, with a set of proposed amendments that reshaped several key aspects of the reporting framework. On April 22, the amended reconciled bill was enacted, with an effective date of July 1, 2026. Bottom Line for Virginia Healthcare Entities The medical malpractice damages cap remains unchanged, but a new reporting law takes effect on July 1, 2026, with an initial disclosure deadline of October 1, 2026. The governor’s amendments broadened who must report, redirected all disclosures through the Bureau of Insurance (the “Bureau”), strengthened confidentiality protections, and eliminated the most sensitive reporting metric. However, it also expanded the scope of the law beyond hospitals to reach a wider range of healthcare entities.  Key Changes Under the Enacted Law Expanded Scope of Reporting Entities Unlike the original bill that applied to only hospitals or health systems licensed under Virginia Code § 32.1-123 that self insure or maintain retained-risk arrangements, the enacted law applies to every “medical care facility, as defined in § 32.1-3, or other health care provider” that maintains self insurance, captive insurance, risk retention arrangements, or other retained financial risk. As a result, Virginia healthcare entities that did not consider themselves subject to the original bill should assess whether they now fall within the enacted law’s broader reach. Elimination of the Revenue-Percentage Metric The original bill required self-insured hospitals to disclose total malpractice liability expenditures expressed as a percentage of the hospital’s total patient service revenue. The enacted law eliminates this requirement, leaving three categories of disclosure: (1) the number of covered physicians and providers, (2) claims activity, and (3) malpractice expenditures. This is a meaningful change. The revenue-percentage metric would have provided a uniquely revealing window into each hospital’s financial exposure relative to its operations. Anti-Duplication Provision The enacted law adds a practical provision to prevent duplicative reporting: a healthcare provider is not required to report information that has already been included in a report submitted by the entity providing its self insurance, captive insurance, or risk retention coverage. In other words, if a hospital system’s captive insurer files the required disclosures, individual hospitals covered by that program need not file separate, duplicative reports. Hospitals should confirm with their insurers or risk retention groups whether coverage-level reporting will satisfy their individual obligations. New Insurer Disclosure Requirement For commercial insurers, the enacted law adds a requirement not found in the original bill: insurers must now disclose the identity of the named insureds under their medical malpractice policies. Hospitals insured by commercial carriers should be aware that their identity as a named insured will be part of the insurer’s disclosure to the Bureau. Centralization Through the Bureau of Insurance Perhaps the most structurally significant change involves where disclosures are submitted and how they are processed. The original bill directed all reporting to the chairs and ranking minority members of the House and Senate Committees for Courts of Justice, with the Clerks of each chamber making the information publicly available on the General Assembly’s website. The enacted law redirects this entire process through the State Corporation Commission’s Bureau. Disclosures must now be submitted to the Bureau in a uniform format that it prescribes that is consistent with the format of claim-reporting requirements already established under Virginia Code § 38.2-2228.2. The Bureau is responsible for compiling and analyzing the data, preparing an aggregate summary report, and submitting that report to the legislative committee leaders. Importantly, the Bureau’s aggregate report (not the raw disclosures) is what will be made publicly available on the General Assembly’s website. This is a significant structural improvement and reduces the risk of raw data being taken out of context or used selectively in public debate. Comparison by Size, Region, and Facility Type The enacted law directs the Bureau to present data, to the extent practicable, “in a manner that allows comparison among healthcare providers by size, region, or type of facility,” using anonymized or de-identified formats. While the law prohibits identifying any individual provider, hospitals should be aware that comparisons by size, region, or facility type could narrow the field enough to make identification possible as a practical matter. This provision warrants careful attention when preparing disclosures. Strengthened Confidentiality Protections The original bill stated broadly that disclosures would be confidential and exempt from the Virginia Freedom of Information Act except in aggregate form. The enacted law replaces this with a more detailed and protective mechanism. Reporting entities may designate specific data as confidential proprietary information upon submission, provided they: (i) invoke the exclusion in writing, (ii) identify the protected material, and (iii) state the reason protection is necessary. Information properly designated as confidential will be protected from subpoena responses and public inspection. Officer Certification Requirement Disclosures must be “certified as accurate and complete by an officer of the reporting entity.” This places personal responsibility on a hospital officer for the accuracy of the filing.  Extended Initial Deadline The original bill set the first disclosure deadline as September 1, 2026. The enacted law extends this to October 1, 2026. Subsequent annual disclosures remain due on or before March 31 of each year for the preceding calendar year. Verdicts Exceeding the Cap Both the original and enacted versions require all reporting entities to submit a list of verdicts exceeding the statutory cap. Each entry must include the verdict amount, the amount recoverable after application of the cap, and the year the cause of action accrued. No personally-identifiable information may be disclosed. This provision is clearly designed to build a public record demonstrating the gap between what juries award and what plaintiffs can recover. Automatic Sunset Both versions contain the same expiration mechanism: the reporting requirements expire upon the effective date of any future legislation establishing a new limitation on recovery for medical malpractice actions. This confirms the legislative intent that the reporting framework is a temporary, data-gathering tool designed to inform future changes to the cap. Strategic Implications Virginia’s medical malpractice damages cap is intact but is under active review, and the data collected under this new law will fuel the next round of legislative efforts to increase it. With the October 1, 2026 initial deadline approaching, Virginia hospitals and healthcare entities should consider taking the following steps: 1) determine whether an institution falls within the enacted law’s expanded definition of “medical care facility” or “other healthcare provider;” 2) coordinate the production of the required materials with insurers or risk retention groups; 3) compile the necessary information for disclosure; 4) identify and designate confidential proprietary information; 5) designate a certifying officer; 6) monitor the Bureau’s prescribed format; and 7) prepare for future debates on raising the medical malpractice damages cap.
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Events
Scope of Services: Cross-Disciplinary Perspectives for Claims Professionals
Kimberly Blair (Partner-Chicago, IL), Peter Catalanotti (Partner-San Francisco), Joseph Francoeur (Partner-New York, NY), and Alexandra Skarka (Associate-Philadelphia, PA) will present the Wilson Elser Forum webinar “Scope of Services: Cross-Disciplinary Perspectives for Claims Professionals” on June 8, 2026. The session provides a cross-disciplinary overview of how scope of services issues arise across design and construction, legal, brokerage, and real estate professions. Presenters will address how engagement agreements define and limit the scope of professional services, the risks of scope creep and undocumented service expansion, defenses available based on scope limitations, and evidentiary sources and trial strategies for scope disputes. Also covered are deposition tactics specific to scope of services claims, underwriting red flags and claims investigation best practices, third-party liability exposure when non-clients rely on an insured’s work product, and potential subrogation opportunities.
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News
InvestmentNews Quotes Alexander on New York’s Push for Transparency in Litigation Finance Amid Growing Advisor Interest in the Asset Class
Maryan Alexander (Partner-Baltimore, MD) is quoted in the article “RIAs Explore Litigation Finance Via SEI Access,” appearing in the May 15, 2026, posting of InvestmentNews. The article discusses how alternative investment platforms are increasingly offering litigation finance opportunities to financial advisors, enabling investors to potentially profit from courtroom outcomes in lawsuits rather than relying on traditional market performance. While proponents say the asset class can deliver strong, non-market-correlated returns, many registered investment advisors remain cautious because outcomes depend heavily on legal proceedings, creating uncertainty and valuation challenges. The article also highlights growing regulatory scrutiny, particularly in New York, where new legislation aims to increase transparency and consumer protections in litigation funding arrangements. Maryan notes, “New York has moved litigation financing from the shadows to a supervised, disclosure-heavy regime, while empowering courts to probe funding when it bears on motive or misconduct,” adding that “stakeholders should prepare for regulatory compliance and more nuanced discovery practice as these changes take hold.”
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Events
Pace Women’s Justice Center Fundraiser: “Cocktails for a Cause”
Jacqueline Hattar (Partner-White Plains, NY) will co-host the Pace Women's Justice Center (PWJC) "Cocktails for a Cause" fundraiser on May 28, 2026, at the Barley Beach House in Rye, New York. The event supports the PWJC's commitment to increasing access to justice by providing free legal services to victims of domestic violence, sexual assault, and elder abuse. The funds raised will support the PWJC’s critical services for survivors of abuse. Jackie is a long-time PWJC Advisory Board member and a past recipient of the Center's “Making A Difference” award. She also serves on the Board of Visitors at the Elisabeth Haub School of Law at Pace University. The PWJC, housed at the Elisabeth Haub School of Law in White Plains, New York, is a self-funded, nonprofit legal center that falls under Pace University's 501(c)(3) status. The Center conducts or participates in more than 140 training and outreach events annually, providing free legal services to some 3,500 survivors of domestic violence, sexual assault, and elder abuse. Serving Westchester and Putnam Counties, the PWJC's mission is to pursue justice for victims and prevent abuse by offering quality legal services, fostering community partnerships, and promoting education and awareness. 
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News
Wilson Elser Recognized Among Top Law Firms for Associate Satisfaction in 2026 BTI Report
BTI Consulting Group recently named Wilson Elser among the top firms for associate satisfaction in its “BTI Associate Satisfaction A-Listers 2026” report. Based on more than 5,000 associate responses, BTI recognized 189 law firms for fostering strong associate job satisfaction, with Wilson Elser ranking among the top 36 firms consistently recognized for creating a positive and supportive work environment. The report found that associates increasingly value factors beyond compensation, including meaningful training, mentorship, clear career development opportunities, strong job satisfaction, and active partner investment in associate success. BTI also highlighted the importance of targeted support for women associates and firms’ demonstrated commitment to long-term career growth. The recognition underscores Wilson Elser’s continued focus on cultivating a workplace where associates feel supported, engaged, and positioned for professional success in an increasingly demanding legal industry.
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Events
Labor & Supply Chain Pressures: ADR's Role in Managing Workforce and Material Disruptions
Denise Motta (Of Counsel-Louisville) will be a panelist at the 2026 AAA-ICDR Construction Conference in Marina Del Rey on June 4, 2026. She will join an expert panel of arbitrators/mediators and in-house counsel to discuss the implications of labor and supply chain issues increasingly impacting the construction industry. Denise and her fellow panelists will offer insights into navigating these claims and examine how early mediation, arbitration, and dispute review boards may help parties reach resolutions before disputes escalate.
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Client Wins
Piatkowski and Morales Secure Summary Judgment on Behalf of Global Tech Firm
Kelsi Piatkowski (Partner-Houston, TX) and Angela Morales (Associate-Houston, TX) successfully defended their client in a suit arising from a motor vehicle accident, where multiple theories were alleged, including vicarious liability. The plaintiff advanced an increasingly utilized – but legally unrecognized – theory that cellphone application notifications sent to an independent contractor delivery driver transformed the relationship into one of employment. They also contended that the client owed a duty to prevent independent drivers from engaging in distracted driving. After extensive briefing and oral argument, including an argument that Texas law does not recognize a cause of action imposing tort liability on technology platforms for an independent driver’s decision to interact with a mobile device while driving, the Court granted our client’s motion for summary judgment. Indeed, the Court ordered all claims dismissed with prejudice.
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Publications
PLUS Blog Features Kelly Article on How New Laws Are Rewriting Risk for Manufactured Housing
John Kelly (Partner-New York, NY) authored “From Personal to Real Property: How New Laws Are Rewriting Risk for Manufactured Housing,” posted on the May 14, 2026, PLUS Blog. In the article, John discusses how recent state and proposed federal legislation might reshape the legal and insurance landscape for manufactured housing. He explains that New York’s Land-Home Property Act now allows certain manufactured homes to be reclassified from personal property to real property if they meet requirements such as permanent foundations, land ownership, or long-term lease arrangements. This change could ease financing and tax burdens for homeowners while aligning these homes more closely with traditional single-family residences. The article also discusses proposed federal legislation that would eliminate the longstanding requirement that manufactured homes be built on permanent steel chassis. John notes that removing this mandate could reduce construction costs, encourage permanent placement of homes and expand affordable housing opportunities, particularly in urban areas.
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Client Wins
Felder and Allin Prevail in Suspected Marine Li-Ion Battery Fire in Utah Federal Court
Otis Felder (Partner-Los Angeles, CA) and Taylor Allin (Partner-Phoenix, AZ) combined to obtain a judgment in favor of a boat owner before the U.S. District Court for Utah. The Salt Lake federal court entered judgment in exoneration of the owner in connection with a fire that occurred on October 26, 2023, on Lake Powell, causing damage to the vessel along with the surrounding dock infrastructure and other vessels. It was suspected that the fire was caused by lithium-ion batteries. While no one was on board the vessel at the time of the incident, neighboring vessel owners set the boat adrift after observing smoke billowing from its windows. Unfortunately, winds blew the vessel from one part of the marina to another, resulting in significant damage to the marina's dock, other vessels and surrounding property. Claimants in the proceeding included the marina operator, which had asserted claims for damages related to dock repairs and vessel salvage costs. With no evidence proving the vessel owner had any knowledge of the cause of the fire, the marine withdrew its claims. With the Court's exoneration order, the vessel owner petitioner has been found free of liability, and the action is now closed.
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Publications
The Cannabis Industry’s “Big Tobacco” Moment: What Insurers Need to Know About Murray v. Cresco
A massive 320-page class action complaint filed on May 4, 2026, in the U.S. District Court for the Northern District of Illinois has the attention of the cannabis sector. The insurance professionals who underwrite it should also be paying close attention. The case, Murray et al. v. Cresco Labs Inc. et al., represents the most ambitious legal assault yet on the marketing practices of major cannabis multistate operators (MSOs). The complaint makes explicit comparisons to the litigation playbook against “Big Tobacco” in the 1990s. With claims across 12 states and spanning allegations of Racketeer Influenced and Corrupt Organizations (RICO), consumer fraud, breach of warranty, negligent misrepresentation and more, this lawsuit signals a new era of litigation risk that could reshape how cannabis companies are underwritten and insured. What the Case is About Murray v. Cresco is a consumer class action brought by more than 40 named plaintiffs on behalf of recreational cannabis purchasers in Arizona, Connecticut, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Ohio, Rhode Island, and Virginia. The defendants are three of the nation's largest cannabis MSOs: Cresco Labs Inc., Green Thumb Industries Inc. and Verano Holdings Corp. Each defendant is a vertically-integrated cannabis operator, meaning they cultivate, process, distribute and sell cannabis products under a portfolio of consumer-facing brands. Cresco sells under brands like Sunnyside, High Supply, FloraCal, and Wonder Wellness; Green Thumb uses brands like Rhythm, Dogwalkers, Good Green and Rise; Verano operates under Zen Leaf, Encore Edibles, BITS and Cabbage Club, among others. The case was filed under the Class Action Fairness Act (CAFA) in the Northern District of Illinois, the location of the defendants’ principal places of business. The complaint explicitly carves out claims related to physician-prescribed medical cannabis, focusing solely on adult-use purchases. A companion case targeting Curaleaf Holdings was filed the same day in the District of Connecticut. The Central Narrative Plaintiffs allege that the defendants knew, or should have known, that cannabis products pose serious mental and physical health risks, yet chose to market those same products as safe, therapeutic, and even medicinal. The complaint paints a picture of an industry that borrowed from Big Tobacco's playbook, allegedly sponsoring less-than-rigorous research to generate consumer friendly health claims while burying the mounting scientific evidence of harm. As the complaint puts it, the defendants “deceptively marketed cannabis as medicine capable of alleviating or treating the very mental health disorders” they “knew or should have known were caused or exacerbated by the use of their products.” The Liability Theories The core liability theory is the federal RICO cause of action. The plaintiffs allege that the defendants operated an “enterprise” engaged in a pattern of racketeering activity, including dealing in controlled substances illegal under federal law, mail fraud, wire fraud, and monetary transactions in criminally derived property. The RICO claim is significant because it opens the door to potential treble damages, meaning any actual damages could be tripled, plus attorneys' fees. The U.S. Supreme Court's 2025 decision in Medical Marijuana, Inc. v. Horn confirmed that RICO can apply to economic harms tied to mislabeled cannabis products. The complaint also asserts state-specific consumer protection claims in all 12 states where the representative plaintiffs reside. These include violations of the Illinois Consumer Fraud and Deceptive Business Practices Act, the Michigan Consumer Protection Act, New York's General Business Law Section 349, the Ohio Consumer Sales Practices Act, and analogous statutes in each remaining jurisdiction. Across all states, plaintiffs argued that defendants made affirmative misrepresentations about health benefits while concealing known risks, inducing consumers to purchase products they otherwise would not have bought, or to overpay for them. The complaint further alleges breach of express and implied warranties under each state’s version of the Uniform Commercial Code. By representing their products as treating depression, anxiety, PTSD, pain and other conditions, defendants allegedly created and violated express warranties that the products would perform as described. Implied warranty claims assert that cannabis products marketed as wellness aids were not “fit for the ordinary purposes for which such goods are used.” Finally, negligent misrepresentation claims target the defendants’ alleged failure to exercise reasonable care in communicating health information to consumers. The Health Science at the Heart of the Case The factual backbone of the complaint runs over a hundred pages of citations to various scientific studies and papers. The plaintiffs reference research alleging connections of cannabis use to psychosis, schizophrenia, bipolar disorder, depression, suicidal ideation, and anxiety. The complaint cites a 2025 study finding that states with open recreational dispensaries experienced a 12 percent increase in admissions to state mental health facilities for psychotic disorders. A 2021 Danish study is also referenced for its finding that schizophrenia cases associated with cannabis use disorder increased 300 percent to 400 percent over 20 years as potency doubled. The complaint also cites cardiovascular studies, including a 2025 meta-analysis that reportedly found cannabis use doubled the risk of cardiovascular death and increased stroke risk by 20 percent. Another cited study estimates the odds of heart attack among cannabis users at more than six times higher than non-users. The complaint also highlights prenatal risks, citing a 2025 review linking cannabis use during pregnancy to increased risk of miscarriage, stillbirth, and preterm birth. Cannabis hyperemesis syndrome (CHS) and cannabis use disorder (CUD) are include in the complaint’s litany of health harms. Focus on Industry Awareness The complaint emphasizes that these health risks are not new discoveries. It alleges that the defendants had “actual and constructive knowledge” of these dangers, derived from years of publicly available peer-reviewed studies and governmental advisories, yet “failed to adequately warn their customers.” Instead, plaintiffs contend the defendants went in the opposite direction by marketing cannabis as a remedy for the conditions it allegedly makes worse. The Playbook is Growing The lead attorney in Murray v. Cresco, Patrick Kenneally, is a former Illinois county prosecutor with a track record of taking on cannabis companies. In 2023, he compelled dispensaries in McHenry County, Illinois to post in-store warnings about cannabis-related mental health risks, a first in the country, and to fund a billboard campaign linking cannabis to suicide and schizophrenia. An earlier, similar lawsuit against Verano was dismissed in March 2026, but the new complaint appears broader and more detailed. A spokesperson for Verano told MJBizDaily that the suit “mirrors claims that have been rejected by courts in similar legal actions against multistate operators in the industry earlier this year.” Whether the 320-page complaint overcomes those defenses remains to be seen. Rescheduling Adds Fuel The timing is notable. On April 23, 2026, the Department of Justice issued an order rescheduling state-licensed medical marijuana and FDA-approved cannabis products to Schedule III of the Controlled Substances Act (CSA). Greater federal legitimacy may bring greater legal exposure. Rescheduling is likely to expand market access and raise expectations for product safety and accurate labeling, making negligence and consumer protection claims more likely for compliance lapses. Canada Offers a Preview Canada legalized recreational cannabis nationally in 2018, and its litigation experience since then is instructive. The country has seen a wave of product liability class actions, including Downton v. Organigram Holdings, the first certified cannabis product liability class action in Canada, involving pesticide contamination. Proposed actions have also targeted major Canadian producers over inadequate risk disclosures related to CHS. The pattern is consistent with what now appears to be emerging in the United States – consumer litigation follows the market opening up. Why This Matters for Cannabis Insurers For insurance professionals, Murray v. Cresco crystallizes several risks that the industry has long discussed in the abstract. The case represents a concrete, large-scale litigation event with the potential for enormous exposure. The RICO claim alone, with its treble-damage multiplier, could transform a significant jury verdict into a catastrophic one. Class certification across 12 states would dramatically multiply the defendant pool and the aggregate damages. The underwriting on cannabis product liability has, to date, focused on potential contamination, mislabeling, and the occasional exposure or ingestion-based bodily injury claim. Murray v. Cresco, however, introduces a different species of claim, one rooted in marketing conduct rather than product defect in the traditional sense. Currently, the insurance industry is largely insulated from large consumer class actions like Murray v. Cresco. Many cannabis policies contain broad health-hazard exclusions, which could deny coverage for claims involving specified adverse health effects from cannabis products. Class action exclusions are common, as are exclusions for statutory penalties like treble damages under RICO and state consumer protection awards. RICO-based claims are also vulnerable to criminal-acts exclusions or specific carve-outs for racketeering-related conduct. Coverage Disputes on the Horizon Notwithstanding this insulation, insurers should expect that defendants in cases like Murray will tender claims under their commercial general liability (CGL) policies, products completed operations policies, directors and officers (D&O) policies, and any specialty cannabis coverage they hold. The question of whether deceptive marketing and failure-to-warn allegations fall within a products-completed operations hazard, an advertising injury provision, or some other coverage grant will likely be fiercely contested. What Underwriters Should be Asking Going forward, underwriters writing cannabis risks should scrutinize their insureds' marketing practices with the same focus they currently bring to product testing and labeling. Documented testing integrity, warning protocols, supply-chain oversight, and recall history are all important along with marketing discipline. Policies should be reviewed for RICO and state consumer statute exposure. Underwriters should pay attention to emerging scientific studies on the health effect of cannabis use. Insureds that continue to make unsupported health claims, the kind at the center of Murray v. Cresco, present a different risk profile than those that keep their marketing factual and scientifically supported. Conclusion Murray v. Cresco may or may not succeed on the merits. Defendants will raise formidable challenges, including preemption arguments, standing issues, the difficulty of class certification across a dozen state consumer-protection regimes, causation defenses and the still-evolving science around cannabis and health. But the complaint’s sheer scale, its RICO backbone, and its explicit comparisons to Big Tobacco litigation signal that the era of treating cannabis product liability as a hypothetical future risk is over. For insurers and their cannabis policyholders, the takeaway is practical and immediate. Marketing claims are now a front-line litigation target, and the industry needs to treat them accordingly. Risk-mitigation programs should include compliance audits of all consumer-facing health claims, robust product warnings modeled on the warnings that accompany over-the-counter medical products, and honest internal assessments of what the science supports. Meanwhile, insurers should be reviewing policy language to understand their own exposure in the event that lawsuits like this one multiply. This article was published in the May 18, 2026, posting of Insurance Journal.
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News
InvestmentNews Quotes Alexander on New York’s Push for Transparency in Litigation Finance Amid Growing Advisor Interest in the Asset Class
Maryan Alexander (Partner-Baltimore, MD) is quoted in the article “RIAs Explore Litigation Finance Via SEI Access,” appearing in the May 15, 2026, posting of InvestmentNews. The article discusses how alternative investment platforms are increasingly offering litigation finance opportunities to financial advisors, enabling investors to potentially profit from courtroom outcomes in lawsuits rather than relying on traditional market performance. While proponents say the asset class can deliver strong, non-market-correlated returns, many registered investment advisors remain cautious because outcomes depend heavily on legal proceedings, creating uncertainty and valuation challenges. The article also highlights growing regulatory scrutiny, particularly in New York, where new legislation aims to increase transparency and consumer protections in litigation funding arrangements. Maryan notes, “New York has moved litigation financing from the shadows to a supervised, disclosure-heavy regime, while empowering courts to probe funding when it bears on motive or misconduct,” adding that “stakeholders should prepare for regulatory compliance and more nuanced discovery practice as these changes take hold.”
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Events
Scope of Services: Cross-Disciplinary Perspectives for Claims Professionals
Kimberly Blair (Partner-Chicago, IL), Peter Catalanotti (Partner-San Francisco), Joseph Francoeur (Partner-New York, NY), and Alexandra Skarka (Associate-Philadelphia, PA) will present the Wilson Elser Forum webinar “Scope of Services: Cross-Disciplinary Perspectives for Claims Professionals” on June 8, 2026. The session provides a cross-disciplinary overview of how scope of services issues arise across design and construction, legal, brokerage, and real estate professions. Presenters will address how engagement agreements define and limit the scope of professional services, the risks of scope creep and undocumented service expansion, defenses available based on scope limitations, and evidentiary sources and trial strategies for scope disputes. Also covered are deposition tactics specific to scope of services claims, underwriting red flags and claims investigation best practices, third-party liability exposure when non-clients rely on an insured’s work product, and potential subrogation opportunities.
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Publications
An Update on Virginia’s Medical Malpractice Reporting Bill
A prior analysis examined the Virginia legislature’s rejection of a sweeping proposal to overhaul the state’s medical malpractice damages cap. That proposal would have doubled the cap from $3 million to $6 million, allowed prejudgment interest, expanded the statute of limitations, and imposed new insurance requirements on nursing homes. Instead, the legislature passed a narrower, reconciled version of Senate Bill 536 that left the existing damages cap schedule under Virginia Code § 8.01-581.15 untouched but created a new reporting framework requiring commercial insurers and self-insured hospitals to disclose detailed malpractice claims data to legislative leaders. At the time of publication, the reconciled bill had been sent to Governor Spanberger, who had until April 13 to sign, veto, or propose amendments.  Rather than sign or veto the reconciled bill, Governor Spanberger returned it to the legislature on April 12, 2026, with a set of proposed amendments that reshaped several key aspects of the reporting framework. On April 22, the amended reconciled bill was enacted, with an effective date of July 1, 2026. Bottom Line for Virginia Healthcare Entities The medical malpractice damages cap remains unchanged, but a new reporting law takes effect on July 1, 2026, with an initial disclosure deadline of October 1, 2026. The governor’s amendments broadened who must report, redirected all disclosures through the Bureau of Insurance (the “Bureau”), strengthened confidentiality protections, and eliminated the most sensitive reporting metric. However, it also expanded the scope of the law beyond hospitals to reach a wider range of healthcare entities.  Key Changes Under the Enacted Law Expanded Scope of Reporting Entities Unlike the original bill that applied to only hospitals or health systems licensed under Virginia Code § 32.1-123 that self insure or maintain retained-risk arrangements, the enacted law applies to every “medical care facility, as defined in § 32.1-3, or other health care provider” that maintains self insurance, captive insurance, risk retention arrangements, or other retained financial risk. As a result, Virginia healthcare entities that did not consider themselves subject to the original bill should assess whether they now fall within the enacted law’s broader reach. Elimination of the Revenue-Percentage Metric The original bill required self-insured hospitals to disclose total malpractice liability expenditures expressed as a percentage of the hospital’s total patient service revenue. The enacted law eliminates this requirement, leaving three categories of disclosure: (1) the number of covered physicians and providers, (2) claims activity, and (3) malpractice expenditures. This is a meaningful change. The revenue-percentage metric would have provided a uniquely revealing window into each hospital’s financial exposure relative to its operations. Anti-Duplication Provision The enacted law adds a practical provision to prevent duplicative reporting: a healthcare provider is not required to report information that has already been included in a report submitted by the entity providing its self insurance, captive insurance, or risk retention coverage. In other words, if a hospital system’s captive insurer files the required disclosures, individual hospitals covered by that program need not file separate, duplicative reports. Hospitals should confirm with their insurers or risk retention groups whether coverage-level reporting will satisfy their individual obligations. New Insurer Disclosure Requirement For commercial insurers, the enacted law adds a requirement not found in the original bill: insurers must now disclose the identity of the named insureds under their medical malpractice policies. Hospitals insured by commercial carriers should be aware that their identity as a named insured will be part of the insurer’s disclosure to the Bureau. Centralization Through the Bureau of Insurance Perhaps the most structurally significant change involves where disclosures are submitted and how they are processed. The original bill directed all reporting to the chairs and ranking minority members of the House and Senate Committees for Courts of Justice, with the Clerks of each chamber making the information publicly available on the General Assembly’s website. The enacted law redirects this entire process through the State Corporation Commission’s Bureau. Disclosures must now be submitted to the Bureau in a uniform format that it prescribes that is consistent with the format of claim-reporting requirements already established under Virginia Code § 38.2-2228.2. The Bureau is responsible for compiling and analyzing the data, preparing an aggregate summary report, and submitting that report to the legislative committee leaders. Importantly, the Bureau’s aggregate report (not the raw disclosures) is what will be made publicly available on the General Assembly’s website. This is a significant structural improvement and reduces the risk of raw data being taken out of context or used selectively in public debate. Comparison by Size, Region, and Facility Type The enacted law directs the Bureau to present data, to the extent practicable, “in a manner that allows comparison among healthcare providers by size, region, or type of facility,” using anonymized or de-identified formats. While the law prohibits identifying any individual provider, hospitals should be aware that comparisons by size, region, or facility type could narrow the field enough to make identification possible as a practical matter. This provision warrants careful attention when preparing disclosures. Strengthened Confidentiality Protections The original bill stated broadly that disclosures would be confidential and exempt from the Virginia Freedom of Information Act except in aggregate form. The enacted law replaces this with a more detailed and protective mechanism. Reporting entities may designate specific data as confidential proprietary information upon submission, provided they: (i) invoke the exclusion in writing, (ii) identify the protected material, and (iii) state the reason protection is necessary. Information properly designated as confidential will be protected from subpoena responses and public inspection. Officer Certification Requirement Disclosures must be “certified as accurate and complete by an officer of the reporting entity.” This places personal responsibility on a hospital officer for the accuracy of the filing.  Extended Initial Deadline The original bill set the first disclosure deadline as September 1, 2026. The enacted law extends this to October 1, 2026. Subsequent annual disclosures remain due on or before March 31 of each year for the preceding calendar year. Verdicts Exceeding the Cap Both the original and enacted versions require all reporting entities to submit a list of verdicts exceeding the statutory cap. Each entry must include the verdict amount, the amount recoverable after application of the cap, and the year the cause of action accrued. No personally-identifiable information may be disclosed. This provision is clearly designed to build a public record demonstrating the gap between what juries award and what plaintiffs can recover. Automatic Sunset Both versions contain the same expiration mechanism: the reporting requirements expire upon the effective date of any future legislation establishing a new limitation on recovery for medical malpractice actions. This confirms the legislative intent that the reporting framework is a temporary, data-gathering tool designed to inform future changes to the cap. Strategic Implications Virginia’s medical malpractice damages cap is intact but is under active review, and the data collected under this new law will fuel the next round of legislative efforts to increase it. With the October 1, 2026 initial deadline approaching, Virginia hospitals and healthcare entities should consider taking the following steps: 1) determine whether an institution falls within the enacted law’s expanded definition of “medical care facility” or “other healthcare provider;” 2) coordinate the production of the required materials with insurers or risk retention groups; 3) compile the necessary information for disclosure; 4) identify and designate confidential proprietary information; 5) designate a certifying officer; 6) monitor the Bureau’s prescribed format; and 7) prepare for future debates on raising the medical malpractice damages cap.
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Events
Pace Women’s Justice Center Fundraiser: “Cocktails for a Cause”
Jacqueline Hattar (Partner-White Plains, NY) will co-host the Pace Women's Justice Center (PWJC) "Cocktails for a Cause" fundraiser on May 28, 2026, at the Barley Beach House in Rye, New York. The event supports the PWJC's commitment to increasing access to justice by providing free legal services to victims of domestic violence, sexual assault, and elder abuse. The funds raised will support the PWJC’s critical services for survivors of abuse. Jackie is a long-time PWJC Advisory Board member and a past recipient of the Center's “Making A Difference” award. She also serves on the Board of Visitors at the Elisabeth Haub School of Law at Pace University. The PWJC, housed at the Elisabeth Haub School of Law in White Plains, New York, is a self-funded, nonprofit legal center that falls under Pace University's 501(c)(3) status. The Center conducts or participates in more than 140 training and outreach events annually, providing free legal services to some 3,500 survivors of domestic violence, sexual assault, and elder abuse. Serving Westchester and Putnam Counties, the PWJC's mission is to pursue justice for victims and prevent abuse by offering quality legal services, fostering community partnerships, and promoting education and awareness. 
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News
Wilson Elser Recognized Among Top Law Firms for Associate Satisfaction in 2026 BTI Report
BTI Consulting Group recently named Wilson Elser among the top firms for associate satisfaction in its “BTI Associate Satisfaction A-Listers 2026” report. Based on more than 5,000 associate responses, BTI recognized 189 law firms for fostering strong associate job satisfaction, with Wilson Elser ranking among the top 36 firms consistently recognized for creating a positive and supportive work environment. The report found that associates increasingly value factors beyond compensation, including meaningful training, mentorship, clear career development opportunities, strong job satisfaction, and active partner investment in associate success. BTI also highlighted the importance of targeted support for women associates and firms’ demonstrated commitment to long-term career growth. The recognition underscores Wilson Elser’s continued focus on cultivating a workplace where associates feel supported, engaged, and positioned for professional success in an increasingly demanding legal industry.
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Events
Labor & Supply Chain Pressures: ADR's Role in Managing Workforce and Material Disruptions
Denise Motta (Of Counsel-Louisville) will be a panelist at the 2026 AAA-ICDR Construction Conference in Marina Del Rey on June 4, 2026. She will join an expert panel of arbitrators/mediators and in-house counsel to discuss the implications of labor and supply chain issues increasingly impacting the construction industry. Denise and her fellow panelists will offer insights into navigating these claims and examine how early mediation, arbitration, and dispute review boards may help parties reach resolutions before disputes escalate.
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Client Wins
Piatkowski and Morales Secure Summary Judgment on Behalf of Global Tech Firm
Kelsi Piatkowski (Partner-Houston, TX) and Angela Morales (Associate-Houston, TX) successfully defended their client in a suit arising from a motor vehicle accident, where multiple theories were alleged, including vicarious liability. The plaintiff advanced an increasingly utilized – but legally unrecognized – theory that cellphone application notifications sent to an independent contractor delivery driver transformed the relationship into one of employment. They also contended that the client owed a duty to prevent independent drivers from engaging in distracted driving. After extensive briefing and oral argument, including an argument that Texas law does not recognize a cause of action imposing tort liability on technology platforms for an independent driver’s decision to interact with a mobile device while driving, the Court granted our client’s motion for summary judgment. Indeed, the Court ordered all claims dismissed with prejudice.
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Publications
PLUS Blog Features Kelly Article on How New Laws Are Rewriting Risk for Manufactured Housing
John Kelly (Partner-New York, NY) authored “From Personal to Real Property: How New Laws Are Rewriting Risk for Manufactured Housing,” posted on the May 14, 2026, PLUS Blog. In the article, John discusses how recent state and proposed federal legislation might reshape the legal and insurance landscape for manufactured housing. He explains that New York’s Land-Home Property Act now allows certain manufactured homes to be reclassified from personal property to real property if they meet requirements such as permanent foundations, land ownership, or long-term lease arrangements. This change could ease financing and tax burdens for homeowners while aligning these homes more closely with traditional single-family residences. The article also discusses proposed federal legislation that would eliminate the longstanding requirement that manufactured homes be built on permanent steel chassis. John notes that removing this mandate could reduce construction costs, encourage permanent placement of homes and expand affordable housing opportunities, particularly in urban areas.
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Client Wins
Felder and Allin Prevail in Suspected Marine Li-Ion Battery Fire in Utah Federal Court
Otis Felder (Partner-Los Angeles, CA) and Taylor Allin (Partner-Phoenix, AZ) combined to obtain a judgment in favor of a boat owner before the U.S. District Court for Utah. The Salt Lake federal court entered judgment in exoneration of the owner in connection with a fire that occurred on October 26, 2023, on Lake Powell, causing damage to the vessel along with the surrounding dock infrastructure and other vessels. It was suspected that the fire was caused by lithium-ion batteries. While no one was on board the vessel at the time of the incident, neighboring vessel owners set the boat adrift after observing smoke billowing from its windows. Unfortunately, winds blew the vessel from one part of the marina to another, resulting in significant damage to the marina's dock, other vessels and surrounding property. Claimants in the proceeding included the marina operator, which had asserted claims for damages related to dock repairs and vessel salvage costs. With no evidence proving the vessel owner had any knowledge of the cause of the fire, the marine withdrew its claims. With the Court's exoneration order, the vessel owner petitioner has been found free of liability, and the action is now closed.
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Publications
The Cannabis Industry’s “Big Tobacco” Moment: What Insurers Need to Know About Murray v. Cresco
A massive 320-page class action complaint filed on May 4, 2026, in the U.S. District Court for the Northern District of Illinois has the attention of the cannabis sector. The insurance professionals who underwrite it should also be paying close attention. The case, Murray et al. v. Cresco Labs Inc. et al., represents the most ambitious legal assault yet on the marketing practices of major cannabis multistate operators (MSOs). The complaint makes explicit comparisons to the litigation playbook against “Big Tobacco” in the 1990s. With claims across 12 states and spanning allegations of Racketeer Influenced and Corrupt Organizations (RICO), consumer fraud, breach of warranty, negligent misrepresentation and more, this lawsuit signals a new era of litigation risk that could reshape how cannabis companies are underwritten and insured. What the Case is About Murray v. Cresco is a consumer class action brought by more than 40 named plaintiffs on behalf of recreational cannabis purchasers in Arizona, Connecticut, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Ohio, Rhode Island, and Virginia. The defendants are three of the nation's largest cannabis MSOs: Cresco Labs Inc., Green Thumb Industries Inc. and Verano Holdings Corp. Each defendant is a vertically-integrated cannabis operator, meaning they cultivate, process, distribute and sell cannabis products under a portfolio of consumer-facing brands. Cresco sells under brands like Sunnyside, High Supply, FloraCal, and Wonder Wellness; Green Thumb uses brands like Rhythm, Dogwalkers, Good Green and Rise; Verano operates under Zen Leaf, Encore Edibles, BITS and Cabbage Club, among others. The case was filed under the Class Action Fairness Act (CAFA) in the Northern District of Illinois, the location of the defendants’ principal places of business. The complaint explicitly carves out claims related to physician-prescribed medical cannabis, focusing solely on adult-use purchases. A companion case targeting Curaleaf Holdings was filed the same day in the District of Connecticut. The Central Narrative Plaintiffs allege that the defendants knew, or should have known, that cannabis products pose serious mental and physical health risks, yet chose to market those same products as safe, therapeutic, and even medicinal. The complaint paints a picture of an industry that borrowed from Big Tobacco's playbook, allegedly sponsoring less-than-rigorous research to generate consumer friendly health claims while burying the mounting scientific evidence of harm. As the complaint puts it, the defendants “deceptively marketed cannabis as medicine capable of alleviating or treating the very mental health disorders” they “knew or should have known were caused or exacerbated by the use of their products.” The Liability Theories The core liability theory is the federal RICO cause of action. The plaintiffs allege that the defendants operated an “enterprise” engaged in a pattern of racketeering activity, including dealing in controlled substances illegal under federal law, mail fraud, wire fraud, and monetary transactions in criminally derived property. The RICO claim is significant because it opens the door to potential treble damages, meaning any actual damages could be tripled, plus attorneys' fees. The U.S. Supreme Court's 2025 decision in Medical Marijuana, Inc. v. Horn confirmed that RICO can apply to economic harms tied to mislabeled cannabis products. The complaint also asserts state-specific consumer protection claims in all 12 states where the representative plaintiffs reside. These include violations of the Illinois Consumer Fraud and Deceptive Business Practices Act, the Michigan Consumer Protection Act, New York's General Business Law Section 349, the Ohio Consumer Sales Practices Act, and analogous statutes in each remaining jurisdiction. Across all states, plaintiffs argued that defendants made affirmative misrepresentations about health benefits while concealing known risks, inducing consumers to purchase products they otherwise would not have bought, or to overpay for them. The complaint further alleges breach of express and implied warranties under each state’s version of the Uniform Commercial Code. By representing their products as treating depression, anxiety, PTSD, pain and other conditions, defendants allegedly created and violated express warranties that the products would perform as described. Implied warranty claims assert that cannabis products marketed as wellness aids were not “fit for the ordinary purposes for which such goods are used.” Finally, negligent misrepresentation claims target the defendants’ alleged failure to exercise reasonable care in communicating health information to consumers. The Health Science at the Heart of the Case The factual backbone of the complaint runs over a hundred pages of citations to various scientific studies and papers. The plaintiffs reference research alleging connections of cannabis use to psychosis, schizophrenia, bipolar disorder, depression, suicidal ideation, and anxiety. The complaint cites a 2025 study finding that states with open recreational dispensaries experienced a 12 percent increase in admissions to state mental health facilities for psychotic disorders. A 2021 Danish study is also referenced for its finding that schizophrenia cases associated with cannabis use disorder increased 300 percent to 400 percent over 20 years as potency doubled. The complaint also cites cardiovascular studies, including a 2025 meta-analysis that reportedly found cannabis use doubled the risk of cardiovascular death and increased stroke risk by 20 percent. Another cited study estimates the odds of heart attack among cannabis users at more than six times higher than non-users. The complaint also highlights prenatal risks, citing a 2025 review linking cannabis use during pregnancy to increased risk of miscarriage, stillbirth, and preterm birth. Cannabis hyperemesis syndrome (CHS) and cannabis use disorder (CUD) are include in the complaint’s litany of health harms. Focus on Industry Awareness The complaint emphasizes that these health risks are not new discoveries. It alleges that the defendants had “actual and constructive knowledge” of these dangers, derived from years of publicly available peer-reviewed studies and governmental advisories, yet “failed to adequately warn their customers.” Instead, plaintiffs contend the defendants went in the opposite direction by marketing cannabis as a remedy for the conditions it allegedly makes worse. The Playbook is Growing The lead attorney in Murray v. Cresco, Patrick Kenneally, is a former Illinois county prosecutor with a track record of taking on cannabis companies. In 2023, he compelled dispensaries in McHenry County, Illinois to post in-store warnings about cannabis-related mental health risks, a first in the country, and to fund a billboard campaign linking cannabis to suicide and schizophrenia. An earlier, similar lawsuit against Verano was dismissed in March 2026, but the new complaint appears broader and more detailed. A spokesperson for Verano told MJBizDaily that the suit “mirrors claims that have been rejected by courts in similar legal actions against multistate operators in the industry earlier this year.” Whether the 320-page complaint overcomes those defenses remains to be seen. Rescheduling Adds Fuel The timing is notable. On April 23, 2026, the Department of Justice issued an order rescheduling state-licensed medical marijuana and FDA-approved cannabis products to Schedule III of the Controlled Substances Act (CSA). Greater federal legitimacy may bring greater legal exposure. Rescheduling is likely to expand market access and raise expectations for product safety and accurate labeling, making negligence and consumer protection claims more likely for compliance lapses. Canada Offers a Preview Canada legalized recreational cannabis nationally in 2018, and its litigation experience since then is instructive. The country has seen a wave of product liability class actions, including Downton v. Organigram Holdings, the first certified cannabis product liability class action in Canada, involving pesticide contamination. Proposed actions have also targeted major Canadian producers over inadequate risk disclosures related to CHS. The pattern is consistent with what now appears to be emerging in the United States – consumer litigation follows the market opening up. Why This Matters for Cannabis Insurers For insurance professionals, Murray v. Cresco crystallizes several risks that the industry has long discussed in the abstract. The case represents a concrete, large-scale litigation event with the potential for enormous exposure. The RICO claim alone, with its treble-damage multiplier, could transform a significant jury verdict into a catastrophic one. Class certification across 12 states would dramatically multiply the defendant pool and the aggregate damages. The underwriting on cannabis product liability has, to date, focused on potential contamination, mislabeling, and the occasional exposure or ingestion-based bodily injury claim. Murray v. Cresco, however, introduces a different species of claim, one rooted in marketing conduct rather than product defect in the traditional sense. Currently, the insurance industry is largely insulated from large consumer class actions like Murray v. Cresco. Many cannabis policies contain broad health-hazard exclusions, which could deny coverage for claims involving specified adverse health effects from cannabis products. Class action exclusions are common, as are exclusions for statutory penalties like treble damages under RICO and state consumer protection awards. RICO-based claims are also vulnerable to criminal-acts exclusions or specific carve-outs for racketeering-related conduct. Coverage Disputes on the Horizon Notwithstanding this insulation, insurers should expect that defendants in cases like Murray will tender claims under their commercial general liability (CGL) policies, products completed operations policies, directors and officers (D&O) policies, and any specialty cannabis coverage they hold. The question of whether deceptive marketing and failure-to-warn allegations fall within a products-completed operations hazard, an advertising injury provision, or some other coverage grant will likely be fiercely contested. What Underwriters Should be Asking Going forward, underwriters writing cannabis risks should scrutinize their insureds' marketing practices with the same focus they currently bring to product testing and labeling. Documented testing integrity, warning protocols, supply-chain oversight, and recall history are all important along with marketing discipline. Policies should be reviewed for RICO and state consumer statute exposure. Underwriters should pay attention to emerging scientific studies on the health effect of cannabis use. Insureds that continue to make unsupported health claims, the kind at the center of Murray v. Cresco, present a different risk profile than those that keep their marketing factual and scientifically supported. Conclusion Murray v. Cresco may or may not succeed on the merits. Defendants will raise formidable challenges, including preemption arguments, standing issues, the difficulty of class certification across a dozen state consumer-protection regimes, causation defenses and the still-evolving science around cannabis and health. But the complaint’s sheer scale, its RICO backbone, and its explicit comparisons to Big Tobacco litigation signal that the era of treating cannabis product liability as a hypothetical future risk is over. For insurers and their cannabis policyholders, the takeaway is practical and immediate. Marketing claims are now a front-line litigation target, and the industry needs to treat them accordingly. Risk-mitigation programs should include compliance audits of all consumer-facing health claims, robust product warnings modeled on the warnings that accompany over-the-counter medical products, and honest internal assessments of what the science supports. Meanwhile, insurers should be reviewing policy language to understand their own exposure in the event that lawsuits like this one multiply. This article was published in the May 18, 2026, posting of Insurance Journal.
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News
InvestmentNews Quotes Alexander on New York’s Push for Transparency in Litigation Finance Amid Growing Advisor Interest in the Asset Class
Maryan Alexander (Partner-Baltimore, MD) is quoted in the article “RIAs Explore Litigation Finance Via SEI Access,” appearing in the May 15, 2026, posting of InvestmentNews. The article discusses how alternative investment platforms are increasingly offering litigation finance opportunities to financial advisors, enabling investors to potentially profit from courtroom outcomes in lawsuits rather than relying on traditional market performance. While proponents say the asset class can deliver strong, non-market-correlated returns, many registered investment advisors remain cautious because outcomes depend heavily on legal proceedings, creating uncertainty and valuation challenges. The article also highlights growing regulatory scrutiny, particularly in New York, where new legislation aims to increase transparency and consumer protections in litigation funding arrangements. Maryan notes, “New York has moved litigation financing from the shadows to a supervised, disclosure-heavy regime, while empowering courts to probe funding when it bears on motive or misconduct,” adding that “stakeholders should prepare for regulatory compliance and more nuanced discovery practice as these changes take hold.”
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Events
Scope of Services: Cross-Disciplinary Perspectives for Claims Professionals
Kimberly Blair (Partner-Chicago, IL), Peter Catalanotti (Partner-San Francisco), Joseph Francoeur (Partner-New York, NY), and Alexandra Skarka (Associate-Philadelphia, PA) will present the Wilson Elser Forum webinar “Scope of Services: Cross-Disciplinary Perspectives for Claims Professionals” on June 8, 2026. The session provides a cross-disciplinary overview of how scope of services issues arise across design and construction, legal, brokerage, and real estate professions. Presenters will address how engagement agreements define and limit the scope of professional services, the risks of scope creep and undocumented service expansion, defenses available based on scope limitations, and evidentiary sources and trial strategies for scope disputes. Also covered are deposition tactics specific to scope of services claims, underwriting red flags and claims investigation best practices, third-party liability exposure when non-clients rely on an insured’s work product, and potential subrogation opportunities.
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Publications
An Update on Virginia’s Medical Malpractice Reporting Bill
A prior analysis examined the Virginia legislature’s rejection of a sweeping proposal to overhaul the state’s medical malpractice damages cap. That proposal would have doubled the cap from $3 million to $6 million, allowed prejudgment interest, expanded the statute of limitations, and imposed new insurance requirements on nursing homes. Instead, the legislature passed a narrower, reconciled version of Senate Bill 536 that left the existing damages cap schedule under Virginia Code § 8.01-581.15 untouched but created a new reporting framework requiring commercial insurers and self-insured hospitals to disclose detailed malpractice claims data to legislative leaders. At the time of publication, the reconciled bill had been sent to Governor Spanberger, who had until April 13 to sign, veto, or propose amendments.  Rather than sign or veto the reconciled bill, Governor Spanberger returned it to the legislature on April 12, 2026, with a set of proposed amendments that reshaped several key aspects of the reporting framework. On April 22, the amended reconciled bill was enacted, with an effective date of July 1, 2026. Bottom Line for Virginia Healthcare Entities The medical malpractice damages cap remains unchanged, but a new reporting law takes effect on July 1, 2026, with an initial disclosure deadline of October 1, 2026. The governor’s amendments broadened who must report, redirected all disclosures through the Bureau of Insurance (the “Bureau”), strengthened confidentiality protections, and eliminated the most sensitive reporting metric. However, it also expanded the scope of the law beyond hospitals to reach a wider range of healthcare entities.  Key Changes Under the Enacted Law Expanded Scope of Reporting Entities Unlike the original bill that applied to only hospitals or health systems licensed under Virginia Code § 32.1-123 that self insure or maintain retained-risk arrangements, the enacted law applies to every “medical care facility, as defined in § 32.1-3, or other health care provider” that maintains self insurance, captive insurance, risk retention arrangements, or other retained financial risk. As a result, Virginia healthcare entities that did not consider themselves subject to the original bill should assess whether they now fall within the enacted law’s broader reach. Elimination of the Revenue-Percentage Metric The original bill required self-insured hospitals to disclose total malpractice liability expenditures expressed as a percentage of the hospital’s total patient service revenue. The enacted law eliminates this requirement, leaving three categories of disclosure: (1) the number of covered physicians and providers, (2) claims activity, and (3) malpractice expenditures. This is a meaningful change. The revenue-percentage metric would have provided a uniquely revealing window into each hospital’s financial exposure relative to its operations. Anti-Duplication Provision The enacted law adds a practical provision to prevent duplicative reporting: a healthcare provider is not required to report information that has already been included in a report submitted by the entity providing its self insurance, captive insurance, or risk retention coverage. In other words, if a hospital system’s captive insurer files the required disclosures, individual hospitals covered by that program need not file separate, duplicative reports. Hospitals should confirm with their insurers or risk retention groups whether coverage-level reporting will satisfy their individual obligations. New Insurer Disclosure Requirement For commercial insurers, the enacted law adds a requirement not found in the original bill: insurers must now disclose the identity of the named insureds under their medical malpractice policies. Hospitals insured by commercial carriers should be aware that their identity as a named insured will be part of the insurer’s disclosure to the Bureau. Centralization Through the Bureau of Insurance Perhaps the most structurally significant change involves where disclosures are submitted and how they are processed. The original bill directed all reporting to the chairs and ranking minority members of the House and Senate Committees for Courts of Justice, with the Clerks of each chamber making the information publicly available on the General Assembly’s website. The enacted law redirects this entire process through the State Corporation Commission’s Bureau. Disclosures must now be submitted to the Bureau in a uniform format that it prescribes that is consistent with the format of claim-reporting requirements already established under Virginia Code § 38.2-2228.2. The Bureau is responsible for compiling and analyzing the data, preparing an aggregate summary report, and submitting that report to the legislative committee leaders. Importantly, the Bureau’s aggregate report (not the raw disclosures) is what will be made publicly available on the General Assembly’s website. This is a significant structural improvement and reduces the risk of raw data being taken out of context or used selectively in public debate. Comparison by Size, Region, and Facility Type The enacted law directs the Bureau to present data, to the extent practicable, “in a manner that allows comparison among healthcare providers by size, region, or type of facility,” using anonymized or de-identified formats. While the law prohibits identifying any individual provider, hospitals should be aware that comparisons by size, region, or facility type could narrow the field enough to make identification possible as a practical matter. This provision warrants careful attention when preparing disclosures. Strengthened Confidentiality Protections The original bill stated broadly that disclosures would be confidential and exempt from the Virginia Freedom of Information Act except in aggregate form. The enacted law replaces this with a more detailed and protective mechanism. Reporting entities may designate specific data as confidential proprietary information upon submission, provided they: (i) invoke the exclusion in writing, (ii) identify the protected material, and (iii) state the reason protection is necessary. Information properly designated as confidential will be protected from subpoena responses and public inspection. Officer Certification Requirement Disclosures must be “certified as accurate and complete by an officer of the reporting entity.” This places personal responsibility on a hospital officer for the accuracy of the filing.  Extended Initial Deadline The original bill set the first disclosure deadline as September 1, 2026. The enacted law extends this to October 1, 2026. Subsequent annual disclosures remain due on or before March 31 of each year for the preceding calendar year. Verdicts Exceeding the Cap Both the original and enacted versions require all reporting entities to submit a list of verdicts exceeding the statutory cap. Each entry must include the verdict amount, the amount recoverable after application of the cap, and the year the cause of action accrued. No personally-identifiable information may be disclosed. This provision is clearly designed to build a public record demonstrating the gap between what juries award and what plaintiffs can recover. Automatic Sunset Both versions contain the same expiration mechanism: the reporting requirements expire upon the effective date of any future legislation establishing a new limitation on recovery for medical malpractice actions. This confirms the legislative intent that the reporting framework is a temporary, data-gathering tool designed to inform future changes to the cap. Strategic Implications Virginia’s medical malpractice damages cap is intact but is under active review, and the data collected under this new law will fuel the next round of legislative efforts to increase it. With the October 1, 2026 initial deadline approaching, Virginia hospitals and healthcare entities should consider taking the following steps: 1) determine whether an institution falls within the enacted law’s expanded definition of “medical care facility” or “other healthcare provider;” 2) coordinate the production of the required materials with insurers or risk retention groups; 3) compile the necessary information for disclosure; 4) identify and designate confidential proprietary information; 5) designate a certifying officer; 6) monitor the Bureau’s prescribed format; and 7) prepare for future debates on raising the medical malpractice damages cap.
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Events
Pace Women’s Justice Center Fundraiser: “Cocktails for a Cause”
Jacqueline Hattar (Partner-White Plains, NY) will co-host the Pace Women's Justice Center (PWJC) "Cocktails for a Cause" fundraiser on May 28, 2026, at the Barley Beach House in Rye, New York. The event supports the PWJC's commitment to increasing access to justice by providing free legal services to victims of domestic violence, sexual assault, and elder abuse. The funds raised will support the PWJC’s critical services for survivors of abuse. Jackie is a long-time PWJC Advisory Board member and a past recipient of the Center's “Making A Difference” award. She also serves on the Board of Visitors at the Elisabeth Haub School of Law at Pace University. The PWJC, housed at the Elisabeth Haub School of Law in White Plains, New York, is a self-funded, nonprofit legal center that falls under Pace University's 501(c)(3) status. The Center conducts or participates in more than 140 training and outreach events annually, providing free legal services to some 3,500 survivors of domestic violence, sexual assault, and elder abuse. Serving Westchester and Putnam Counties, the PWJC's mission is to pursue justice for victims and prevent abuse by offering quality legal services, fostering community partnerships, and promoting education and awareness. 
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News
Wilson Elser Recognized Among Top Law Firms for Associate Satisfaction in 2026 BTI Report
BTI Consulting Group recently named Wilson Elser among the top firms for associate satisfaction in its “BTI Associate Satisfaction A-Listers 2026” report. Based on more than 5,000 associate responses, BTI recognized 189 law firms for fostering strong associate job satisfaction, with Wilson Elser ranking among the top 36 firms consistently recognized for creating a positive and supportive work environment. The report found that associates increasingly value factors beyond compensation, including meaningful training, mentorship, clear career development opportunities, strong job satisfaction, and active partner investment in associate success. BTI also highlighted the importance of targeted support for women associates and firms’ demonstrated commitment to long-term career growth. The recognition underscores Wilson Elser’s continued focus on cultivating a workplace where associates feel supported, engaged, and positioned for professional success in an increasingly demanding legal industry.
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Events
Labor & Supply Chain Pressures: ADR's Role in Managing Workforce and Material Disruptions
Denise Motta (Of Counsel-Louisville) will be a panelist at the 2026 AAA-ICDR Construction Conference in Marina Del Rey on June 4, 2026. She will join an expert panel of arbitrators/mediators and in-house counsel to discuss the implications of labor and supply chain issues increasingly impacting the construction industry. Denise and her fellow panelists will offer insights into navigating these claims and examine how early mediation, arbitration, and dispute review boards may help parties reach resolutions before disputes escalate.
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