Matthew N. Foree

Of Counsel

matthew.foree@wilsonelser.com

Atlanta, GA p. 470.666.5704

Obtained dismissal of data breach class action against university based on lack of Article III standing.

Obtained dismissal of Fair Credit Reporting Act class action involving alleged sale of prescreened lists for firm offers of credit lacking a permissible purpose.

Obtained preliminary injunction for misappropriation of trade secrets regarding theft of clients from financial services firm.

Manages data breach class action transferred for consolidated pretrial proceedings in multidistrict. litigation.

Manages responses to data breaches and compliance with notification laws and agency regulations.

Obtained dismissal of data breach class action against university based on lack of Article III standing.

Obtained dismissal of Fair Credit Reporting Act class action involving alleged sale of prescreened lists for firm offers of credit lacking a permissible purpose.

Obtained preliminary injunction for misappropriation of trade secrets regarding theft of clients from financial services firm.

Manages data breach class action transferred for consolidated pretrial proceedings in multidistrict. litigation.

Manages responses to data breaches and compliance with notification laws and agency regulations.

Attorney Articles

Westlaw Today Features Article by Ross and Foree on Effect of Product Recalls on Class Action Lawsuits

December 2, 2024 - Westlaw Today

Events

Obtained dismissal of data breach class action against university based on lack of Article III standing.

Obtained dismissal of Fair Credit Reporting Act class action involving alleged sale of prescreened lists for firm offers of credit lacking a permissible purpose.

Obtained preliminary injunction for misappropriation of trade secrets regarding theft of clients from financial services firm.

Manages data breach class action transferred for consolidated pretrial proceedings in multidistrict. litigation.

Manages responses to data breaches and compliance with notification laws and agency regulations.

News Briefs

The Best Lawyers in America 2026 Includes 140 Wilson Elser Attorneys

August 21, 2025

Firm Highlights

Client Wins
Dodrill and Gegg Trip Up Wrongful Death Plaintiffs in Premises Liability Suit
Colt Dodrill (Partner-Phoenix, AZ) and Madeline Gegg (Associate-Phoenix, AZ) secured dismissal in the Superior Court of Arizona, Maricopa County, on behalf of Wilson Elser's client, a commercial real estate owner, in a high-exposure wrongful death action. The plaintiffs alleged that the temporary unavailability of the client’s handicap parking spaces caused their mother to park elsewhere, fall off a curb, suffer a broken hip, and later pass away at the hospital. Colt and Madeline filed a dispositive motion that forced the plaintiffs to amend their complaint, abandoning their curb theory in favor of an alleged breach of state and federal accessibility statutes. Madeline then successfully argued that the decedent lacked standing to park in the handicap spaces if her accessible parking placard had long ago expired. Recognizing that the lack of a valid placard was fatal to their claims, the plaintiffs agreed to walk away. By securing dismissal at the pleadings stage, Wilson Elser curbed the client’s litigation spend by avoiding the need to retain numerous safety and medical experts.
Read more

Publications
United States Supreme Court Rules on Failure to Disclose Personal Injury Claim in Bankruptcy
What happens if a personal injury plaintiff files bankruptcy but fails to disclose the personal injury claim in the bankruptcy case? The United States Supreme Court has now resolved a circuit split about how to analyze that question, and it could impact pending claims.

In Keathley v. Buddy Ayers Construction, Inc,. the Keathleys were involved in a motor vehicle accident with a Buddy Ayers employee in August 2021. They had an open Chapter 13 repayment plan but did not disclose the claim in the bankruptcy case after the accident occurred or when they filed suit. Buddy Ayers learned of the bankruptcy and moved for summary judgment in March 2023, arguing the Keathleys had taken inconsistent positions—first denying the claim in bankruptcy then later asserting it in the personal injury case. Buddy Ayers argued judicial estoppel barred the Keathleys from pursuing the personal injury claim because they had previously denied it existed in bankruptcy. The district court applied Fifth Circuit precedent and granted summary judgment, which the Fifth Circuit affirmed.

The Supreme Court reversed on narrow grounds, finding both lower courts used the wrong standard. Judicial estoppel is an equitable doctrine. “[W]hen a court conducts an equitable inquiry, it must act on a case-by-case basis, considering all relevant facts and circumstances.” Thus, the judgment was reversed and remanded to apply that test to the facts of this case. It gave no opinion as to what might happen when that test is applied.

This ruling changes the approach in circuits that previously applied narrower standards. District courts in those areas will now consider more factors, potentially making it harder to prevail on motions like Buddy Ayers filed. Keathley may also reduce some of the disincentives for bankrupt plaintiffs to conceal assets.
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
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

News
Legendre Honored with President’s Award and Assumes Leadership Role at Earl Warren Inn of Court
San Francisco office associate Camille Legendre was honored to receive the President’s Award at the Earl Warren Inn of the Court’s end-of-season banquet, which is presented in recognition of outstanding participation and exceptional service to the Inn during the program year.

The banquet also marked the installation of the Inn’s new Board of Directors, sworn in by the Honorable Charles A. Smiley of the First Appellate District, Division One, in San Francisco. During the past year, Camille served as a Board Member-at-Large. For the upcoming term, she will serve as Chair of Achieving Excellence, overseeing the Inn’s participation in the American Inns of Court Achieving Excellence Program and helping maintain the Inn’s status as an MCLE provider. Camille will serve as the primary liaison between the Earl Warren Inn and the national American Inns of Court organization. 

Widely regarded as one of the premier Inns of Court in the country, the Earl Warren Inn has earned a reputation for excellence and engagement. In her new role, Camille will help ensure the Inn continues to uphold those high standards. She expressed gratitude for the opportunity to continue serving in a leadership capacity and to represent Wilson Elser within the broader legal community.
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

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

Client Wins
Hsu, Joseph, and Poththewela Obtain Complete Dismissal of Contractor from Construction Injury Litigation
​John Hsu (Partner-Long Island, NY), Daniel Joseph (Associate-New York, NY), and Isuri Poththewela (Associate-Long Island, NY) obtained summary judgment in the Supreme Court of the State of New York, New York County, on behalf of Wilson Elser’s contractor client in a workplace injury case. The plaintiff claimed to have sustained serious injuries, including a traumatic brain injury (TBI), when a rolling paint cart struck him on a loading dock while working at a construction site. He alleged violations under New York Labor Law §§ 240(1), 241(6), and 200. John and Daniel conducted a thorough analysis of the loading dock surveillance footage, which clearly established that the instrumentality of harm was neither launched, controlled, nor possessed by our client, a contractor on the premises hired to perform repair work on the building’s fifth floor, far from the alleged accident location.

In support of Wilson Elser’s motion for summary judgment, John and Daniel tendered the original contract, along with affidavits from the client’s foreman and branch director, as exhibits to the affirmation in support. They further argued that the client owed no legal duty to the plaintiff and that the client’s work at the premises was separate and distinct from the loading dock operations that allegedly caused the plaintiff’s injuries. They also sought dismissal of all cross-claims against the client.

The court agreed and dismissed the plaintiff’s claim and the cross-claims against the client. In reaching that decision, the court reasoned that the opposition tendered no evidence and relied solely on the affirmation of counsel, which was purely hearsay and devoid of evidentiary value. Thus, there being no real, substantive opposition submitted, the motion for summary judgment was granted in its entirety.
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

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

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
United States Supreme Court Rules on Failure to Disclose Personal Injury Claim in Bankruptcy
What happens if a personal injury plaintiff files bankruptcy but fails to disclose the personal injury claim in the bankruptcy case? The United States Supreme Court has now resolved a circuit split about how to analyze that question, and it could impact pending claims.

In Keathley v. Buddy Ayers Construction, Inc,. the Keathleys were involved in a motor vehicle accident with a Buddy Ayers employee in August 2021. They had an open Chapter 13 repayment plan but did not disclose the claim in the bankruptcy case after the accident occurred or when they filed suit. Buddy Ayers learned of the bankruptcy and moved for summary judgment in March 2023, arguing the Keathleys had taken inconsistent positions—first denying the claim in bankruptcy then later asserting it in the personal injury case. Buddy Ayers argued judicial estoppel barred the Keathleys from pursuing the personal injury claim because they had previously denied it existed in bankruptcy. The district court applied Fifth Circuit precedent and granted summary judgment, which the Fifth Circuit affirmed.

The Supreme Court reversed on narrow grounds, finding both lower courts used the wrong standard. Judicial estoppel is an equitable doctrine. “[W]hen a court conducts an equitable inquiry, it must act on a case-by-case basis, considering all relevant facts and circumstances.” Thus, the judgment was reversed and remanded to apply that test to the facts of this case. It gave no opinion as to what might happen when that test is applied.

This ruling changes the approach in circuits that previously applied narrower standards. District courts in those areas will now consider more factors, potentially making it harder to prevail on motions like Buddy Ayers filed. Keathley may also reduce some of the disincentives for bankrupt plaintiffs to conceal assets.
Read more

Client Wins
Dodrill and Gegg Trip Up Wrongful Death Plaintiffs in Premises Liability Suit
Colt Dodrill (Partner-Phoenix, AZ) and Madeline Gegg (Associate-Phoenix, AZ) secured dismissal in the Superior Court of Arizona, Maricopa County, on behalf of Wilson Elser's client, a commercial real estate owner, in a high-exposure wrongful death action. The plaintiffs alleged that the temporary unavailability of the client’s handicap parking spaces caused their mother to park elsewhere, fall off a curb, suffer a broken hip, and later pass away at the hospital. Colt and Madeline filed a dispositive motion that forced the plaintiffs to amend their complaint, abandoning their curb theory in favor of an alleged breach of state and federal accessibility statutes. Madeline then successfully argued that the decedent lacked standing to park in the handicap spaces if her accessible parking placard had long ago expired. Recognizing that the lack of a valid placard was fatal to their claims, the plaintiffs agreed to walk away. By securing dismissal at the pleadings stage, Wilson Elser curbed the client’s litigation spend by avoiding the need to retain numerous safety and medical experts.
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

News
Legendre Honored with President’s Award and Assumes Leadership Role at Earl Warren Inn of Court
San Francisco office associate Camille Legendre was honored to receive the President’s Award at the Earl Warren Inn of the Court’s end-of-season banquet, which is presented in recognition of outstanding participation and exceptional service to the Inn during the program year.

The banquet also marked the installation of the Inn’s new Board of Directors, sworn in by the Honorable Charles A. Smiley of the First Appellate District, Division One, in San Francisco. During the past year, Camille served as a Board Member-at-Large. For the upcoming term, she will serve as Chair of Achieving Excellence, overseeing the Inn’s participation in the American Inns of Court Achieving Excellence Program and helping maintain the Inn’s status as an MCLE provider. Camille will serve as the primary liaison between the Earl Warren Inn and the national American Inns of Court organization. 

Widely regarded as one of the premier Inns of Court in the country, the Earl Warren Inn has earned a reputation for excellence and engagement. In her new role, Camille will help ensure the Inn continues to uphold those high standards. She expressed gratitude for the opportunity to continue serving in a leadership capacity and to represent Wilson Elser within the broader legal community.
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

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

Client Wins
Hsu, Joseph, and Poththewela Obtain Complete Dismissal of Contractor from Construction Injury Litigation
​John Hsu (Partner-Long Island, NY), Daniel Joseph (Associate-New York, NY), and Isuri Poththewela (Associate-Long Island, NY) obtained summary judgment in the Supreme Court of the State of New York, New York County, on behalf of Wilson Elser’s contractor client in a workplace injury case. The plaintiff claimed to have sustained serious injuries, including a traumatic brain injury (TBI), when a rolling paint cart struck him on a loading dock while working at a construction site. He alleged violations under New York Labor Law §§ 240(1), 241(6), and 200. John and Daniel conducted a thorough analysis of the loading dock surveillance footage, which clearly established that the instrumentality of harm was neither launched, controlled, nor possessed by our client, a contractor on the premises hired to perform repair work on the building’s fifth floor, far from the alleged accident location.

In support of Wilson Elser’s motion for summary judgment, John and Daniel tendered the original contract, along with affidavits from the client’s foreman and branch director, as exhibits to the affirmation in support. They further argued that the client owed no legal duty to the plaintiff and that the client’s work at the premises was separate and distinct from the loading dock operations that allegedly caused the plaintiff’s injuries. They also sought dismissal of all cross-claims against the client.

The court agreed and dismissed the plaintiff’s claim and the cross-claims against the client. In reaching that decision, the court reasoned that the opposition tendered no evidence and relied solely on the affirmation of counsel, which was purely hearsay and devoid of evidentiary value. Thus, there being no real, substantive opposition submitted, the motion for summary judgment was granted in its entirety.
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

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

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
United States Supreme Court Rules on Failure to Disclose Personal Injury Claim in Bankruptcy
What happens if a personal injury plaintiff files bankruptcy but fails to disclose the personal injury claim in the bankruptcy case? The United States Supreme Court has now resolved a circuit split about how to analyze that question, and it could impact pending claims.

In Keathley v. Buddy Ayers Construction, Inc,. the Keathleys were involved in a motor vehicle accident with a Buddy Ayers employee in August 2021. They had an open Chapter 13 repayment plan but did not disclose the claim in the bankruptcy case after the accident occurred or when they filed suit. Buddy Ayers learned of the bankruptcy and moved for summary judgment in March 2023, arguing the Keathleys had taken inconsistent positions—first denying the claim in bankruptcy then later asserting it in the personal injury case. Buddy Ayers argued judicial estoppel barred the Keathleys from pursuing the personal injury claim because they had previously denied it existed in bankruptcy. The district court applied Fifth Circuit precedent and granted summary judgment, which the Fifth Circuit affirmed.

The Supreme Court reversed on narrow grounds, finding both lower courts used the wrong standard. Judicial estoppel is an equitable doctrine. “[W]hen a court conducts an equitable inquiry, it must act on a case-by-case basis, considering all relevant facts and circumstances.” Thus, the judgment was reversed and remanded to apply that test to the facts of this case. It gave no opinion as to what might happen when that test is applied.

This ruling changes the approach in circuits that previously applied narrower standards. District courts in those areas will now consider more factors, potentially making it harder to prevail on motions like Buddy Ayers filed. Keathley may also reduce some of the disincentives for bankrupt plaintiffs to conceal assets.
Read more

Client Wins
Dodrill and Gegg Trip Up Wrongful Death Plaintiffs in Premises Liability Suit
Colt Dodrill (Partner-Phoenix, AZ) and Madeline Gegg (Associate-Phoenix, AZ) secured dismissal in the Superior Court of Arizona, Maricopa County, on behalf of Wilson Elser's client, a commercial real estate owner, in a high-exposure wrongful death action. The plaintiffs alleged that the temporary unavailability of the client’s handicap parking spaces caused their mother to park elsewhere, fall off a curb, suffer a broken hip, and later pass away at the hospital. Colt and Madeline filed a dispositive motion that forced the plaintiffs to amend their complaint, abandoning their curb theory in favor of an alleged breach of state and federal accessibility statutes. Madeline then successfully argued that the decedent lacked standing to park in the handicap spaces if her accessible parking placard had long ago expired. Recognizing that the lack of a valid placard was fatal to their claims, the plaintiffs agreed to walk away. By securing dismissal at the pleadings stage, Wilson Elser curbed the client’s litigation spend by avoiding the need to retain numerous safety and medical experts.
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

News
Legendre Honored with President’s Award and Assumes Leadership Role at Earl Warren Inn of Court
San Francisco office associate Camille Legendre was honored to receive the President’s Award at the Earl Warren Inn of the Court’s end-of-season banquet, which is presented in recognition of outstanding participation and exceptional service to the Inn during the program year.

The banquet also marked the installation of the Inn’s new Board of Directors, sworn in by the Honorable Charles A. Smiley of the First Appellate District, Division One, in San Francisco. During the past year, Camille served as a Board Member-at-Large. For the upcoming term, she will serve as Chair of Achieving Excellence, overseeing the Inn’s participation in the American Inns of Court Achieving Excellence Program and helping maintain the Inn’s status as an MCLE provider. Camille will serve as the primary liaison between the Earl Warren Inn and the national American Inns of Court organization. 

Widely regarded as one of the premier Inns of Court in the country, the Earl Warren Inn has earned a reputation for excellence and engagement. In her new role, Camille will help ensure the Inn continues to uphold those high standards. She expressed gratitude for the opportunity to continue serving in a leadership capacity and to represent Wilson Elser within the broader legal community.
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

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