Publications

An invaluable resource regarding so-called “apology laws,” the 2019 Medical Provider Expressions of Sympathy Comparative Law Review presents an overview of statutes addressing the admissibility of medical providers’ statements or expressions of sympathy, as well as supplemental information for consideration in states and territories without laws or statutes regarding such expressions.

The 2019 Artisan/Construction Defect Law Review addresses certain issues in this class of business by reviewing applicable statutes where they exist in addition to common law developments in each of the 50 states and the District of Columbia.

The 2019 Liquor Liability Review addresses the various issues present in this class of business through a review of Dram Shop statutes, where they exist, and common law developments in each of the 50 states and the District of Columbia.

Wilson Elser is pleased to provide the 2018 ESI Case Law Update, our annual compendium of cases dealing with issues and developments surrounding electronically stored information (ESI). It is a rare case that does not involve the preservation, review and production of ESI.  Your knowledge of the tools and regulations could mean the difference between sanctions and compliance.

The limitations on punitive damages vary by state and are in constant flux. Recognizing the need for our clients to stay current on these ever-evolving laws of punitive damages

The Guide to ESI Preservation Responsibilities report guides litigants through their responsibilities to preserve evidence and provides valuable information on implementing a defensible legal hold process.

The 2017 Artisan/Construction Defect Law Review addresses certain issues in this class of business by reviewing applicable statutes where they exist in addition to common law developments in each of the 50 states and the District of Columbia.

Wilson Elser is pleased to provide the 2016 ESI Case Law Update, our annual compendium of cases dealing with issues and developments surrounding electronically stored information (ESI). It is a rare case that does not involve the preservation, review and production of ESI.  Your knowledge of the tools and regulations could mean the difference between sanctions and compliance.

Wilson Elser is pleased to provide the 2015 ESI Case Law Update, our annual compendium of cases dealing with issues and developments surrounding electronically stored information (ESI). Today, it is a rare case that does not involve the preservation and management of ESI, and your knowledge of the tools and regulations could mean the difference between sanctions and compliance.

The Guide to ESI Preservation Responsibilities report guides litigants through their responsibilities to preserve evidence and provides valuable information on implementing a defensible legal hold process.

Wilson Elser's 2014 ESI Case Law Update is ready for review.  The ESI Caes Law Update recaps those ESI cases that will likely have the greatest impact on you, your business and how you prepare for and defend civil litigation.

A highly-valued and requested resource guide, the Review provides an overview of constitutional and statutory limitations on punitive damages. It also summarizes the laws in each state. 

There are numerous business and strategic decisions to be made when a Chinese insurer decides to enter the U.S. insurance market that can result in different regulatory and financial consequences. It is important for Chinese insurers to understand the insurance regulatory framework under which it would have to operate in the United States and to know the possible structural and formational parameters as well as the laws of two major U.S. industrial states in which they might consider beginning their insurance operations.

Thomas Tobin (Partner-New York) and David Tochen, General Counsel of the National Transportation Safety Board (NTSB) have co-authored a white paper entitled, “The Anatomy of an NTSB Accident Investigation: A Guide for ‘Parties-to-the-Investigation’ & their Lawyers.”

The 2013 ESI Case Law Update recaps those ESI cases that will likely have the greatest impact on you, your business and how you prepare for and defend civil litigation.

In Fennell v. Illinois Central Railroad Company, the Illinois Supreme court majority decision was clear that each forum non conveniens case is unique and must be considered on its own facts. However, Fennell establishes that in the interstate forum non conveniens context, the state of plaintiff’s residence and the state where his alleged injury occurred are vitally important, the court is to look at the location of plaintiff’s actual injury or exposure, and the focus is on plaintiff’s specific injury and whether any factor relating to its cause may be found in Illinois. 

This monograph provides a comprehensive discussion of the application of the abuse of discretion and de novo standards of review for courts within the Ninth Circuit in matters governed by the Employee Retirement Income Security Act of 1974. In focusing on the opinions issued by district courts, the monograph gives insight into the type of evidence and the arguments that generally succeed, as well as the arguments that should be avoided.

The application of pure joint and several liability is on the decline between the various jurisdictions. In most jurisdictions, the pure form of the doctrine has given way to modified versions. Regardless of these shifts, however, states remain mindful of the need to continue to ensure the ultimate goal of the joint and several liability doctrine: an innocent plaintiff’s recovery.

It is virtually impossible to draft a waiver/release that is guaranteed to withstand judicial scrutiny in every state. To help address the variations, this study outlines the standards for each state. Keep in mind that a waiver/release that is clear, unambiguous and as thorough as possible may be deemed sufficient for the vast majority of the jurisdictions that favor enforceability.