Mary C. Butler

Partner

mary.butler@wilsonelser.com

Seattle, WA p. 206.508.5666

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Secured defense verdict as lead trial counsel defending a podiatrist in two-week medical malpractice trial involving an amputation.

Secured summary judgment dismissal of product liability, CPA, negligence, breach of warranty, and fraud claims against an engineering company in a suit alleging $37 million in damages related to an allegedly faulty device used as part of a gas system in pulp and paper mills. Also obtained full award of attorneys’ fees and costs for client pursuant to Washington’s frivolous claims statute, RCW 4.84.185.

Secured summary judgment dismissal of breach of contract and negligence claims on behalf of yacht dealership in a case involving total loss of boat after delivery.

Secured voluntary dismissal of claims against excavation subcontractor in construction defect case involving damage to newly constructed residence.

Secured voluntary dismissal of claims against delivery and installation company in case involving damage following a water leak at customer’s residence.

Secured voluntary dismissal of claims against property management company in a premises liability case involving claims of improper snow and ice remediation allegedly causing slip-and-fall accident.

Secured defense verdict as lead trial counsel defending a podiatrist in two-week medical malpractice trial involving an amputation.

Secured summary judgment dismissal of product liability, CPA, negligence, breach of warranty, and fraud claims against an engineering company in a suit alleging $37 million in damages related to an allegedly faulty device used as part of a gas system in pulp and paper mills. Also obtained full award of attorneys’ fees and costs for client pursuant to Washington’s frivolous claims statute, RCW 4.84.185.

Secured summary judgment dismissal of breach of contract and negligence claims on behalf of yacht dealership in a case involving total loss of boat after delivery.

Secured voluntary dismissal of claims against excavation subcontractor in construction defect case involving damage to newly constructed residence.

Secured voluntary dismissal of claims against delivery and installation company in case involving damage following a water leak at customer’s residence.

Secured voluntary dismissal of claims against property management company in a premises liability case involving claims of improper snow and ice remediation allegedly causing slip-and-fall accident.

Press Releases

Wilson Elser Announces Seventeen Lateral Hire Attorneys in Seattle, Including Eight New Partners

October 9, 2025

Firm Highlights

Client Wins
Young and Pennington Defeat Race Discrimination, Fraud, and Conspiracy Claims for Housing Authority Client
Rebecca Young (Partner-Birmingham, AL) and Caroline Pennington (Associate-Birmingham, AL) secured dismissal of all claims in the U.S. District Court, Middle District of Alabama, on behalf of Wilson Elser's Housing Authority client and several of its employees. The clients were collectively alleged to have engaged in conspiracy, fraud, and racial discrimination against the plaintiff in this case, a minority business owner. The plaintiff alleged that the Housing Authority stopped awarding his company various open-bid projects after learning his business was minority-owned. His 36-page complaint detailed the number of bidding opportunities, contract awards, and payments awarded before our client allegedly discovered that his business was minority-owned, as well as various actions taken by the Housing Authority and its employees.

Rebecca and Caroline filed a dispositive motion arguing that, despite its length and factual detail, the complaint failed to state a viable claim. They demonstrated that the plaintiff did not identify which individual defendants engaged in the conduct underlying the claims, that the conspiracy allegations failed under the Intracorporate Conspiracy Doctrine, and that the plaintiff failed to adequately establish that race, rather than his failure to submit the lowest bids, was the reason he was not awarded the contracts. In response, the plaintiff argued that the pleading sufficiently demonstrated that he was denied an equal opportunity during the bidding process due to differences in how the Housing Authority communicated with other bidders. During oral argument, the court agreed that the pleading was insufficient to state a claim and ultimately granted an order in favor of Wilson Elser’s clients, dismissing all claims. 
Read more

News
Blockchain News Quotes Cahill on AI’s Impact on Legal Training
John Cahill (Associate–White Plains, NY) was quoted in the article "AI Skills Redefine Lawyer Training, Law Students Must Adapt," appearing in the June 29, 2026, posting of Blockchain.News. The article examines how generative AI is reshaping legal training and the skills law firms seek in new lawyers, emphasizing that while AI is streamlining routine legal work, qualities such as sound judgment, adaptability, and strong client communication remain indispensable. Drawing on comments he made during a Harvey webinar, John underscored the role lawyers continue to play in an AI-enabled profession, observing that "Critical thinking is one of the most important skills." The article notes that while AI can assist with drafting documents and conducting legal research, attorneys remain responsible for evaluating AI-generated work, ensuring legal accuracy, and exercising the professional judgment that clients and the profession demand.
Read more

Client Wins
Williams and Potter Secure Summary Judgment for Sign Repair Contractor
​Jazmin Williams (Associate-White Plains, NY) and Jay Potter (Partner-New York, NY) obtained summary judgment in the Supreme Court of the State of New York, Nassau County, on behalf of Wilson Elser’s client, a sign repair company, securing dismissal of all claims and cross-claims. The team persuaded the court to reject the plaintiff’s metallurgical engineering expert’s opinions as speculative and unsupported by the evidence.

The plaintiff, a convenience store patron, alleged that a portion of a store sign fell and struck her head and neck, causing a traumatic brain injury and requiring a multi-level cervical fusion. She made a $10 million pre-motion settlement demand, and the store owner sought defense and indemnification from the client as well. Our client had been retained to perform limited repairs to the sign approximately 13 months before the accident. Through a careful analysis of the governing contracts and testimony from the co-defendants, Jazmin established that the client acted solely as an independent contractor with a narrowly defined scope of work. Further evidence demonstrated that the parties specifically negotiated a one-year warranty on the repairs. This record helped establish Wilson Elser’s prima facie argument that the client owed no duty to inspect or reassess the sign after its work was completed.

Jazmin meticulously prepared the client's witnesses for deposition and secured testimony confirming the owner's acceptance of the completed work. Combined with the defense expert's opinions, the court agreed that the evidence eliminated any triable issue of fact as to whether the sign was defective when the client completed its repairs more than a year before the incident.

Without evidence linking the client’s repair work to the sign failure, the plaintiff’s engineering expert lacked a factual basis to support his causation opinions. The court agreed with Wilson Elser’s arguments that the plaintiff’s expert’s opinions were based on speculation and conjecture, rejected them outright, and dismissed both the plaintiff’s negligence claims against the client and the contractual indemnification and contribution claims asserted by the co-defendants.
Read more

Events
Litigation Management 101
Maryan Alexander (Partner-Baltimore, MD) will present the webinar “Litigation Management 101” as part of CLM’s 2026 Insurance 101 Webinar Series, Building a Strong Foundation in Insurance Fundamentals, to be held on July 29, 2026. Maryan’s session provides a high-level overview of the litigation process and the claims professional’s role in managing outside counsel, budgets, and case strategy. Participants will gain insight into key litigation milestones, reporting expectations, and effective collaboration with defense counsel. Ideal for those newer to litigation oversight, this session emphasizes proactive management practices that support strong outcomes and cost control.
Read more

News
Wilkinson Receives Pennsylvania Bar Association’s 2026 Civil Litigation Professional Excellence Award
Kathleen Wilkinson was honored with the Pennsylvania Bar Association’s (PBA) 2026 Civil Litigation Professional Excellence Award, presented at the PBA Civil Litigation Section’s Annual Civil Litigation Retreat in State College, Pennsylvania, on April 25, 2026. Past Section Chair Jennifer Coatsworth and the Honorable Stephanie Domitrovich, a senior state trial judge, presented the award.

At the presentation, Past Chair Coatsworth stated that as past president of the Pennsylvania Bar Association and past chair of the Civil Litigation Section, Kathleen has long been recognized for her leadership, professionalism, and commitment to the legal profession. As PBA president, she championed attorney wellness and civility, leading the PBA House of Delegates to support a wellness pledge. Kathleen’s nomination highlighted her distinguished service as the PBA's 127th President and the Philadelphia Bar Association’s 86th Chancellor ‒ the sixth woman to hold each office ‒ as well as her continued leadership through committee service, mentoring, and strategic guidance to both organizations.

Throughout her career, Kathleen’s nomination also emphasized that Kathleen has advanced initiatives focused on attorney wellness, civility, diversity and inclusion, leadership development, and the advancement of women in the profession. As Philadelphia Bar Association Chancellor, she established the Chancellor Leadership Institute to help young and diverse attorneys develop leadership skills, and she has remained an active contributor to CLE programming and the PBA's Civility Committee. Kathleen’s nomination aptly recognized her as embodying the qualities the Civil Litigation Professional Excellence Award celebrates: excellence in the practice and administration of law, unwavering integrity, the highest ethical standards, and civility and fairness both inside and outside the courtroom. 
Read more

Publications
CLM Publishes Meer and Sekerka Article on EEOC's New National Enforcement Plan
Jonathan Meer (Partner-New York, NY) and Angela Sekerka (Of Counsel-Chicago/New York, NY) authored the article “EEOC Announces New National Enforcement Plan,” which appeared in the June 29, 2026, posting of CLM Magazine. The article examines how the U.S. Equal Employment Opportunity Commission's new National Enforcement Plan (NEP), together with the Department of Justice's (DOJ) recent opinion regarding disparate impact claims, signals a shift in federal enforcement priorities. The authors explain that the EEOC is placing renewed emphasis on investigating claims of intentional discrimination and scrutinizing diversity, equity, and inclusion (DEI) programs it believes provide preferential treatment based on protected class status, while cautioning that these positions may conflict with existing legal precedent and create uncertainty for employers. As the authors explain, "Employers need to be aware that they are in the unenviable position of managing a workplace where EEOC and DOJ guidelines may be in conflict with existing precedent, statutory interpretations, and state and local law." They emphasize that employers should work with legal counsel to review their policies and decision-making processes, ensuring they have objective, legally defensible justifications for their employment practices ‒ particularly those involving DEI initiatives ‒ as they navigate this evolving legal landscape. 
Read more

Events
Rebroadcast: Pleadings, Motions, and Briefs: AI Edition
Isaac Netzer (Associate-New York, NY) will again serve as a faculty member for the National Business Institute (NBI) in conjunction with two rebroadcasts of the CLE webinar “Pleadings, Motions, and Briefs: AI Edition,” to be held on August 20, 2026, and October 27, 2026. Back by popular demand, Isaac’s program focuses on the practical use of artificial intelligence in litigation, including AI’s capabilities and limitations, ethical and confidentiality considerations, and real-world applications in drafting pleadings, motions, briefs, and conducting document review. The rebroadcasts of Isaac’s November 2025 NBI presentation will cover topics such as strategic prompt design, identifying AI blind spots, authority validation, and using AI to assess both one’s own filings and opposing counsel’s submissions, with Isaac hosting live Q&A sessions following the rebroadcasts. 
Read more

Publications
Virginia Lawyers Weekly Features St. Louis Article Examining Virginia’s New Med-Mal Reporting Law
Justin St. Louis (Of Counsel-Washington, DC) authored the article “What to Know about Virginia’s New Med-Mal Reporting Law,” appearing in the June 29, 2026, edition of Virginia Lawyers Weekly. The article examines Virginia's enactment of a new medical malpractice claims reporting law, effective July 1, 2026, following the legislature's decision to reject broader reforms that would have increased the state's medical malpractice damages cap. In this follow-up to the author’s earlier analysis of those rejections, he notes that although the damages cap remains unchanged, the new law establishes a reporting framework requiring certain health care entities and insurers to disclose malpractice claims data beginning October 1, 2026. The article highlights the governor's amendments, which broaden the scope of covered reporting entities beyond self-insured hospitals to include a broader range of healthcare providers and medical care facilities that maintain self-insurance, captive insurance, risk retention arrangements, or other retained financial risk; centralize reporting through the Bureau of Insurance; strengthen confidentiality protections; and eliminate certain financial reporting and disclosure requirements, among other changes. The author also discusses the law's strategic implications for healthcare providers, outlining practical steps organizations should consider to prepare for the new reporting requirements and continued legislative scrutiny of Virginia's medical malpractice damages cap. 
Read more

Events
Legal Ethics in the World of Artificial Intelligence
Jonathan Meer (Partner-New York, NY) will present the Wilson Elser Forum webinar “Legal Ethics in the World of Artificial Intelligence” on July 16, 2026. The presentation will address how attorney regulation has evolved over time and what steps are being considered for policing attorney use of AI. Jonathan will touch on some of the model rules and ethical opinions concerning technology, as well as rules being adopted by the courts regarding AI use. He’ll also highlight instances of attorneys being reprimanded for misusing AI. Using artificial intelligence as a tool is becoming more commonplace among lawyers. The AI guidelines, whether established by courts, state bar associations, law firms, individual practitioners, or otherwise, should be a growing concern that requires careful consideration by lawyers today. 
Read more

Publications
Business Insurance Publishes Fernandez, Farmer, and Coleman on Generative AI's Liability Risks for Schools
White Plains, New York, office partners Emily Fernadez and Jana Farmer, along with Digital Childhood Council founder, Jill Coleman, coauthored “Perspectives: When the Lesson Plan Has No Author, Schools May Be Accountable,” appearing in the June 26, 2026, posting of Business Insurance. The article examines how generative artificial intelligence (GenAI) is challenging long-established legal frameworks governing a school's duty to supervise and protect students. The authors explain why GenAI differs from traditional rule-based AI, focusing on its lack of predictability, traceability, and explainability, and discuss the resulting implications for liability, insurance coverage, and risk management when schools authorize student access to these systems. The authors conclude that, until schools, insurers, and policymakers have greater clarity regarding legal obligations, contractual protections, and insurability, educational institutions should carefully evaluate whether granting students access to generative AI can withstand foreseeable liability challenges and consider whether pausing access may be the most prudent course.
Read more

Client Wins
Williams and Potter Secure Summary Judgment for Sign Repair Contractor
​Jazmin Williams (Associate-White Plains, NY) and Jay Potter (Partner-New York, NY) obtained summary judgment in the Supreme Court of the State of New York, Nassau County, on behalf of Wilson Elser’s client, a sign repair company, securing dismissal of all claims and cross-claims. The team persuaded the court to reject the plaintiff’s metallurgical engineering expert’s opinions as speculative and unsupported by the evidence.

The plaintiff, a convenience store patron, alleged that a portion of a store sign fell and struck her head and neck, causing a traumatic brain injury and requiring a multi-level cervical fusion. She made a $10 million pre-motion settlement demand, and the store owner sought defense and indemnification from the client as well. Our client had been retained to perform limited repairs to the sign approximately 13 months before the accident. Through a careful analysis of the governing contracts and testimony from the co-defendants, Jazmin established that the client acted solely as an independent contractor with a narrowly defined scope of work. Further evidence demonstrated that the parties specifically negotiated a one-year warranty on the repairs. This record helped establish Wilson Elser’s prima facie argument that the client owed no duty to inspect or reassess the sign after its work was completed.

Jazmin meticulously prepared the client's witnesses for deposition and secured testimony confirming the owner's acceptance of the completed work. Combined with the defense expert's opinions, the court agreed that the evidence eliminated any triable issue of fact as to whether the sign was defective when the client completed its repairs more than a year before the incident.

Without evidence linking the client’s repair work to the sign failure, the plaintiff’s engineering expert lacked a factual basis to support his causation opinions. The court agreed with Wilson Elser’s arguments that the plaintiff’s expert’s opinions were based on speculation and conjecture, rejected them outright, and dismissed both the plaintiff’s negligence claims against the client and the contractual indemnification and contribution claims asserted by the co-defendants.
Read more

News
Blockchain News Quotes Cahill on AI’s Impact on Legal Training
John Cahill (Associate–White Plains, NY) was quoted in the article "AI Skills Redefine Lawyer Training, Law Students Must Adapt," appearing in the June 29, 2026, posting of Blockchain.News. The article examines how generative AI is reshaping legal training and the skills law firms seek in new lawyers, emphasizing that while AI is streamlining routine legal work, qualities such as sound judgment, adaptability, and strong client communication remain indispensable. Drawing on comments he made during a Harvey webinar, John underscored the role lawyers continue to play in an AI-enabled profession, observing that "Critical thinking is one of the most important skills." The article notes that while AI can assist with drafting documents and conducting legal research, attorneys remain responsible for evaluating AI-generated work, ensuring legal accuracy, and exercising the professional judgment that clients and the profession demand.
Read more

Client Wins
Young and Pennington Defeat Race Discrimination, Fraud, and Conspiracy Claims for Housing Authority Client
Rebecca Young (Partner-Birmingham, AL) and Caroline Pennington (Associate-Birmingham, AL) secured dismissal of all claims in the U.S. District Court, Middle District of Alabama, on behalf of Wilson Elser's Housing Authority client and several of its employees. The clients were collectively alleged to have engaged in conspiracy, fraud, and racial discrimination against the plaintiff in this case, a minority business owner. The plaintiff alleged that the Housing Authority stopped awarding his company various open-bid projects after learning his business was minority-owned. His 36-page complaint detailed the number of bidding opportunities, contract awards, and payments awarded before our client allegedly discovered that his business was minority-owned, as well as various actions taken by the Housing Authority and its employees.

Rebecca and Caroline filed a dispositive motion arguing that, despite its length and factual detail, the complaint failed to state a viable claim. They demonstrated that the plaintiff did not identify which individual defendants engaged in the conduct underlying the claims, that the conspiracy allegations failed under the Intracorporate Conspiracy Doctrine, and that the plaintiff failed to adequately establish that race, rather than his failure to submit the lowest bids, was the reason he was not awarded the contracts. In response, the plaintiff argued that the pleading sufficiently demonstrated that he was denied an equal opportunity during the bidding process due to differences in how the Housing Authority communicated with other bidders. During oral argument, the court agreed that the pleading was insufficient to state a claim and ultimately granted an order in favor of Wilson Elser’s clients, dismissing all claims. 
Read more

Events
Litigation Management 101
Maryan Alexander (Partner-Baltimore, MD) will present the webinar “Litigation Management 101” as part of CLM’s 2026 Insurance 101 Webinar Series, Building a Strong Foundation in Insurance Fundamentals, to be held on July 29, 2026. Maryan’s session provides a high-level overview of the litigation process and the claims professional’s role in managing outside counsel, budgets, and case strategy. Participants will gain insight into key litigation milestones, reporting expectations, and effective collaboration with defense counsel. Ideal for those newer to litigation oversight, this session emphasizes proactive management practices that support strong outcomes and cost control.
Read more

News
Wilkinson Receives Pennsylvania Bar Association’s 2026 Civil Litigation Professional Excellence Award
Kathleen Wilkinson was honored with the Pennsylvania Bar Association’s (PBA) 2026 Civil Litigation Professional Excellence Award, presented at the PBA Civil Litigation Section’s Annual Civil Litigation Retreat in State College, Pennsylvania, on April 25, 2026. Past Section Chair Jennifer Coatsworth and the Honorable Stephanie Domitrovich, a senior state trial judge, presented the award.

At the presentation, Past Chair Coatsworth stated that as past president of the Pennsylvania Bar Association and past chair of the Civil Litigation Section, Kathleen has long been recognized for her leadership, professionalism, and commitment to the legal profession. As PBA president, she championed attorney wellness and civility, leading the PBA House of Delegates to support a wellness pledge. Kathleen’s nomination highlighted her distinguished service as the PBA's 127th President and the Philadelphia Bar Association’s 86th Chancellor ‒ the sixth woman to hold each office ‒ as well as her continued leadership through committee service, mentoring, and strategic guidance to both organizations.

Throughout her career, Kathleen’s nomination also emphasized that Kathleen has advanced initiatives focused on attorney wellness, civility, diversity and inclusion, leadership development, and the advancement of women in the profession. As Philadelphia Bar Association Chancellor, she established the Chancellor Leadership Institute to help young and diverse attorneys develop leadership skills, and she has remained an active contributor to CLE programming and the PBA's Civility Committee. Kathleen’s nomination aptly recognized her as embodying the qualities the Civil Litigation Professional Excellence Award celebrates: excellence in the practice and administration of law, unwavering integrity, the highest ethical standards, and civility and fairness both inside and outside the courtroom. 
Read more

Publications
CLM Publishes Meer and Sekerka Article on EEOC's New National Enforcement Plan
Jonathan Meer (Partner-New York, NY) and Angela Sekerka (Of Counsel-Chicago/New York, NY) authored the article “EEOC Announces New National Enforcement Plan,” which appeared in the June 29, 2026, posting of CLM Magazine. The article examines how the U.S. Equal Employment Opportunity Commission's new National Enforcement Plan (NEP), together with the Department of Justice's (DOJ) recent opinion regarding disparate impact claims, signals a shift in federal enforcement priorities. The authors explain that the EEOC is placing renewed emphasis on investigating claims of intentional discrimination and scrutinizing diversity, equity, and inclusion (DEI) programs it believes provide preferential treatment based on protected class status, while cautioning that these positions may conflict with existing legal precedent and create uncertainty for employers. As the authors explain, "Employers need to be aware that they are in the unenviable position of managing a workplace where EEOC and DOJ guidelines may be in conflict with existing precedent, statutory interpretations, and state and local law." They emphasize that employers should work with legal counsel to review their policies and decision-making processes, ensuring they have objective, legally defensible justifications for their employment practices ‒ particularly those involving DEI initiatives ‒ as they navigate this evolving legal landscape. 
Read more

Events
Rebroadcast: Pleadings, Motions, and Briefs: AI Edition
Isaac Netzer (Associate-New York, NY) will again serve as a faculty member for the National Business Institute (NBI) in conjunction with two rebroadcasts of the CLE webinar “Pleadings, Motions, and Briefs: AI Edition,” to be held on August 20, 2026, and October 27, 2026. Back by popular demand, Isaac’s program focuses on the practical use of artificial intelligence in litigation, including AI’s capabilities and limitations, ethical and confidentiality considerations, and real-world applications in drafting pleadings, motions, briefs, and conducting document review. The rebroadcasts of Isaac’s November 2025 NBI presentation will cover topics such as strategic prompt design, identifying AI blind spots, authority validation, and using AI to assess both one’s own filings and opposing counsel’s submissions, with Isaac hosting live Q&A sessions following the rebroadcasts. 
Read more

Publications
Virginia Lawyers Weekly Features St. Louis Article Examining Virginia’s New Med-Mal Reporting Law
Justin St. Louis (Of Counsel-Washington, DC) authored the article “What to Know about Virginia’s New Med-Mal Reporting Law,” appearing in the June 29, 2026, edition of Virginia Lawyers Weekly. The article examines Virginia's enactment of a new medical malpractice claims reporting law, effective July 1, 2026, following the legislature's decision to reject broader reforms that would have increased the state's medical malpractice damages cap. In this follow-up to the author’s earlier analysis of those rejections, he notes that although the damages cap remains unchanged, the new law establishes a reporting framework requiring certain health care entities and insurers to disclose malpractice claims data beginning October 1, 2026. The article highlights the governor's amendments, which broaden the scope of covered reporting entities beyond self-insured hospitals to include a broader range of healthcare providers and medical care facilities that maintain self-insurance, captive insurance, risk retention arrangements, or other retained financial risk; centralize reporting through the Bureau of Insurance; strengthen confidentiality protections; and eliminate certain financial reporting and disclosure requirements, among other changes. The author also discusses the law's strategic implications for healthcare providers, outlining practical steps organizations should consider to prepare for the new reporting requirements and continued legislative scrutiny of Virginia's medical malpractice damages cap. 
Read more

Events
Legal Ethics in the World of Artificial Intelligence
Jonathan Meer (Partner-New York, NY) will present the Wilson Elser Forum webinar “Legal Ethics in the World of Artificial Intelligence” on July 16, 2026. The presentation will address how attorney regulation has evolved over time and what steps are being considered for policing attorney use of AI. Jonathan will touch on some of the model rules and ethical opinions concerning technology, as well as rules being adopted by the courts regarding AI use. He’ll also highlight instances of attorneys being reprimanded for misusing AI. Using artificial intelligence as a tool is becoming more commonplace among lawyers. The AI guidelines, whether established by courts, state bar associations, law firms, individual practitioners, or otherwise, should be a growing concern that requires careful consideration by lawyers today. 
Read more

Publications
Business Insurance Publishes Fernandez, Farmer, and Coleman on Generative AI's Liability Risks for Schools
White Plains, New York, office partners Emily Fernadez and Jana Farmer, along with Digital Childhood Council founder, Jill Coleman, coauthored “Perspectives: When the Lesson Plan Has No Author, Schools May Be Accountable,” appearing in the June 26, 2026, posting of Business Insurance. The article examines how generative artificial intelligence (GenAI) is challenging long-established legal frameworks governing a school's duty to supervise and protect students. The authors explain why GenAI differs from traditional rule-based AI, focusing on its lack of predictability, traceability, and explainability, and discuss the resulting implications for liability, insurance coverage, and risk management when schools authorize student access to these systems. The authors conclude that, until schools, insurers, and policymakers have greater clarity regarding legal obligations, contractual protections, and insurability, educational institutions should carefully evaluate whether granting students access to generative AI can withstand foreseeable liability challenges and consider whether pausing access may be the most prudent course.
Read more

Client Wins
Williams and Potter Secure Summary Judgment for Sign Repair Contractor
​Jazmin Williams (Associate-White Plains, NY) and Jay Potter (Partner-New York, NY) obtained summary judgment in the Supreme Court of the State of New York, Nassau County, on behalf of Wilson Elser’s client, a sign repair company, securing dismissal of all claims and cross-claims. The team persuaded the court to reject the plaintiff’s metallurgical engineering expert’s opinions as speculative and unsupported by the evidence.

The plaintiff, a convenience store patron, alleged that a portion of a store sign fell and struck her head and neck, causing a traumatic brain injury and requiring a multi-level cervical fusion. She made a $10 million pre-motion settlement demand, and the store owner sought defense and indemnification from the client as well. Our client had been retained to perform limited repairs to the sign approximately 13 months before the accident. Through a careful analysis of the governing contracts and testimony from the co-defendants, Jazmin established that the client acted solely as an independent contractor with a narrowly defined scope of work. Further evidence demonstrated that the parties specifically negotiated a one-year warranty on the repairs. This record helped establish Wilson Elser’s prima facie argument that the client owed no duty to inspect or reassess the sign after its work was completed.

Jazmin meticulously prepared the client's witnesses for deposition and secured testimony confirming the owner's acceptance of the completed work. Combined with the defense expert's opinions, the court agreed that the evidence eliminated any triable issue of fact as to whether the sign was defective when the client completed its repairs more than a year before the incident.

Without evidence linking the client’s repair work to the sign failure, the plaintiff’s engineering expert lacked a factual basis to support his causation opinions. The court agreed with Wilson Elser’s arguments that the plaintiff’s expert’s opinions were based on speculation and conjecture, rejected them outright, and dismissed both the plaintiff’s negligence claims against the client and the contractual indemnification and contribution claims asserted by the co-defendants.
Read more

News
Blockchain News Quotes Cahill on AI’s Impact on Legal Training
John Cahill (Associate–White Plains, NY) was quoted in the article "AI Skills Redefine Lawyer Training, Law Students Must Adapt," appearing in the June 29, 2026, posting of Blockchain.News. The article examines how generative AI is reshaping legal training and the skills law firms seek in new lawyers, emphasizing that while AI is streamlining routine legal work, qualities such as sound judgment, adaptability, and strong client communication remain indispensable. Drawing on comments he made during a Harvey webinar, John underscored the role lawyers continue to play in an AI-enabled profession, observing that "Critical thinking is one of the most important skills." The article notes that while AI can assist with drafting documents and conducting legal research, attorneys remain responsible for evaluating AI-generated work, ensuring legal accuracy, and exercising the professional judgment that clients and the profession demand.
Read more

Client Wins
Young and Pennington Defeat Race Discrimination, Fraud, and Conspiracy Claims for Housing Authority Client
Rebecca Young (Partner-Birmingham, AL) and Caroline Pennington (Associate-Birmingham, AL) secured dismissal of all claims in the U.S. District Court, Middle District of Alabama, on behalf of Wilson Elser's Housing Authority client and several of its employees. The clients were collectively alleged to have engaged in conspiracy, fraud, and racial discrimination against the plaintiff in this case, a minority business owner. The plaintiff alleged that the Housing Authority stopped awarding his company various open-bid projects after learning his business was minority-owned. His 36-page complaint detailed the number of bidding opportunities, contract awards, and payments awarded before our client allegedly discovered that his business was minority-owned, as well as various actions taken by the Housing Authority and its employees.

Rebecca and Caroline filed a dispositive motion arguing that, despite its length and factual detail, the complaint failed to state a viable claim. They demonstrated that the plaintiff did not identify which individual defendants engaged in the conduct underlying the claims, that the conspiracy allegations failed under the Intracorporate Conspiracy Doctrine, and that the plaintiff failed to adequately establish that race, rather than his failure to submit the lowest bids, was the reason he was not awarded the contracts. In response, the plaintiff argued that the pleading sufficiently demonstrated that he was denied an equal opportunity during the bidding process due to differences in how the Housing Authority communicated with other bidders. During oral argument, the court agreed that the pleading was insufficient to state a claim and ultimately granted an order in favor of Wilson Elser’s clients, dismissing all claims. 
Read more

Events
Litigation Management 101
Maryan Alexander (Partner-Baltimore, MD) will present the webinar “Litigation Management 101” as part of CLM’s 2026 Insurance 101 Webinar Series, Building a Strong Foundation in Insurance Fundamentals, to be held on July 29, 2026. Maryan’s session provides a high-level overview of the litigation process and the claims professional’s role in managing outside counsel, budgets, and case strategy. Participants will gain insight into key litigation milestones, reporting expectations, and effective collaboration with defense counsel. Ideal for those newer to litigation oversight, this session emphasizes proactive management practices that support strong outcomes and cost control.
Read more

News
Wilkinson Receives Pennsylvania Bar Association’s 2026 Civil Litigation Professional Excellence Award
Kathleen Wilkinson was honored with the Pennsylvania Bar Association’s (PBA) 2026 Civil Litigation Professional Excellence Award, presented at the PBA Civil Litigation Section’s Annual Civil Litigation Retreat in State College, Pennsylvania, on April 25, 2026. Past Section Chair Jennifer Coatsworth and the Honorable Stephanie Domitrovich, a senior state trial judge, presented the award.

At the presentation, Past Chair Coatsworth stated that as past president of the Pennsylvania Bar Association and past chair of the Civil Litigation Section, Kathleen has long been recognized for her leadership, professionalism, and commitment to the legal profession. As PBA president, she championed attorney wellness and civility, leading the PBA House of Delegates to support a wellness pledge. Kathleen’s nomination highlighted her distinguished service as the PBA's 127th President and the Philadelphia Bar Association’s 86th Chancellor ‒ the sixth woman to hold each office ‒ as well as her continued leadership through committee service, mentoring, and strategic guidance to both organizations.

Throughout her career, Kathleen’s nomination also emphasized that Kathleen has advanced initiatives focused on attorney wellness, civility, diversity and inclusion, leadership development, and the advancement of women in the profession. As Philadelphia Bar Association Chancellor, she established the Chancellor Leadership Institute to help young and diverse attorneys develop leadership skills, and she has remained an active contributor to CLE programming and the PBA's Civility Committee. Kathleen’s nomination aptly recognized her as embodying the qualities the Civil Litigation Professional Excellence Award celebrates: excellence in the practice and administration of law, unwavering integrity, the highest ethical standards, and civility and fairness both inside and outside the courtroom. 
Read more

Publications
CLM Publishes Meer and Sekerka Article on EEOC's New National Enforcement Plan
Jonathan Meer (Partner-New York, NY) and Angela Sekerka (Of Counsel-Chicago/New York, NY) authored the article “EEOC Announces New National Enforcement Plan,” which appeared in the June 29, 2026, posting of CLM Magazine. The article examines how the U.S. Equal Employment Opportunity Commission's new National Enforcement Plan (NEP), together with the Department of Justice's (DOJ) recent opinion regarding disparate impact claims, signals a shift in federal enforcement priorities. The authors explain that the EEOC is placing renewed emphasis on investigating claims of intentional discrimination and scrutinizing diversity, equity, and inclusion (DEI) programs it believes provide preferential treatment based on protected class status, while cautioning that these positions may conflict with existing legal precedent and create uncertainty for employers. As the authors explain, "Employers need to be aware that they are in the unenviable position of managing a workplace where EEOC and DOJ guidelines may be in conflict with existing precedent, statutory interpretations, and state and local law." They emphasize that employers should work with legal counsel to review their policies and decision-making processes, ensuring they have objective, legally defensible justifications for their employment practices ‒ particularly those involving DEI initiatives ‒ as they navigate this evolving legal landscape. 
Read more

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