Publications

     

Legal Analysis

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  • 2018 ESI Case Law Update

    June 2018

    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.

  • Wilson Elser’s 2018 Punitive Damages Review

    January 2018

    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

  • A Guide to ESI Preservation Responsibilities 2017

    September 2017

    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.

  • 2017 ESI Case Law Update

    August 2017

  • 2017 Artisan/Construction Defect Law Review

    July 31, 2017

    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.

  • 2016 ESI Case Law Update

    August 2016

    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.

  • 2015 ESI Case Law Update

    April 2015

    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.

  • A Guide to ESI Preservation Responsibilities 2014

    July 2014

    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.

  • 2014 ESI Case Law Update

    March 2014

    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.

  • Wilson Elser’s 2014 Punitive Damages Review

    December 5, 2013

    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. 

  • Formation and Structural Considerations for U.S. Operations of Chinese Insurance Companies

    May 7, 2013

    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.

  • Wilson Elser and NTSB General Counsel Co-Author Guide to NTSB Accident Investigations

    April 2013

    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.”

  • 2013 ESI Case Law Update

    April 2013

    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.

  • Illinois Supreme Court Places Primary Emphasis on Plaintiff’s State of Residence and Location Where Injury Occurred

    January 2013

    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. 

  • Comprehensive Analysis of the Ninth Circuit’s Application of the Standards of Review under ERISA

    Application of the Standards of Review under ERISA

    December 2012

    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.

  • Joint and Several Liability - a 50-State Survey

    November 2012

    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.

  • Express Assumption of Risk/Waiver/Exculpatory Clauses - a 50-State Survey

    October 2012

    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.

  • 2012 ESI Case Law Update

    February 2012

    Wilson Elser's 2012 ESI Case Law Update is a resource guide that examines important ESI cases from 2011 through the first quarter of 2012.

  • NRRA: The Quiet Revolution

    July 2011

    As part of the Dodd-Frank Wall Street reform legislation, the Non-admitted and Reinsurance Reform Act (NRRA) will take effect on July 21, 2011. Carriers and surplus lines brokers need to be ready to work under the NRRA game-changing rules. Wilson Elser has developed a comprehensive training presentation to help insurers and surplus lines brokers understand how the NRRA will affect how they do business.

  • New FDIC Lawsuits Attack Former Bank D&Os

    May 2011

    Many financial industry insiders and their insurers have been wondering where the Federal Deposit Insurance Corporation (FDIC) has been during the recent financial industry meltdown. As the appointed receiver of failed banks that are federally insured, the FDIC is expected to be at the forefront of litigation against the directors and officers (D&Os) of failed financial institutions.