Publications
-
Bloomberg Law Publishes Terranova and Grove on Medical Malpractice Case Elements
Bloomberg Law
October 22, 2021
-
Law360 Publishes Chrostowski and Goodson on Virtual Expert Testimony
Law360
October 22, 2021
-
Updated! Medical Malpractice & COVID-19: A Comparative Law Review
July 12, 2021
This comparative law survey provides a comparison by state and the District of Columbia of regulations enacted to protect health care workers from liability, modify licensing requirements for health care providers and facilities, and/or extend the statute of limitations as states grapple with the social health care impact of the COVID-19 pandemic.
The information is accurate as of July 9, 2021. -
Maryland Adopts Daubert Standard for Expert Testimony: Fallout from Jurisprudential Drift
Maryland Adopts Daubert Standard for Expert Testimony
September 30, 2020
In a four-three majority opinion, the Court of Appeals of Maryland adopted the Daubert standard for admitting expert testimony, holding that Maryland will now “implement a single standard by which courts evaluate all expert testimony: Daubert.” In so doing, the court reasoned that Maryland has been drifting toward the Daubert factors and that application of a single, uniform test for the admissibility of expert testimony would provide trial courts with clearer guidance and instruction.
-
The Importance of Membership in a Pandemic
DRI: The Voice
August 12, 2020
-
D.C. Court of Appeals Rules No Reason to Distinguish Consumer Protection Claims against Health Care Providers from Other Consumer Protection Claims
Widespread Ramifications for Medical Malpractice Litigation in D.C.
March 2, 2020
The D.C. Court of Appeals recently ruled that the burden of proof for consumer protection claims against health care providers is the same as for general consumer protection claims. This increases medical defendants’ potential exposure because under the D.C. Consumer Protection Procedures Act, plaintiffs may recover treble damages and attorney’s fees. -
Informed Insurance: Thought Leadership 2019/20
September 20, 2019
-
Don’t Get Too Excited About the Zhang v. USCIS Decision Just Yet
DC Federal Court Overrules USCIS on EB-5 Issue
December 20, 2018
While the Trump Administration signaled its desire to discontinue or significantly change the EB-5 visa program, neither came to pass in 2018. The program is scheduled to expire as of December 21, 2018. Meanwhile, the federal court for the District of Columbia issued an important decision striking down the USCIS’s interpretation of its own rules of what constitutes a capital investment.
-
“Clarification” of Border Crossing Rules Raises More Questions for Canadian Cannabis Industry
Border Crossing Rules for Canadian Cannabis Industry
October 15, 2018
U.S. Customs and Border Protection officials have broad powers, and the U.S. Constitution’s Fourth Amendment protections against unreasonable search and seizure are lessened at the borders. CBP also has broad access to publicly available information as well as other information from U.S. government and state government sources.
-
Travelers in a Dangerous Time: The Do’s and Don’ts of Crossing the United States Border in the Cannabis Age
Travelers in a Dangerous Time: The Do’s and Don’ts of Crossing the U.S. Border in the Cannabis Age
October 1, 2018
As Canada draws ever closer to October 17, 2018 – the date on which the Cannabis Act comes into force and recreational or other adult-use cannabis is set to be unveiled across Canada – complex regulatory issues continue to cloud the celebrations, including individuals working or investing in the Canadian cannabis sector being turned back at the U.S. border – or worse.
-
Immigrant Investor Visa and Regional Center Program Comprehensive Reform Act
Changes to EB-5 Requirements
March 23, 2018
Reforms for the EB-5 Regional Center Program were proposed in recent weeks for inclusion in the March 23 Congressional Omnibus Package. However, after heated debate, a faction of Democrats in the U.S. Senate did not approve of many of these reforms. Thus, the EB-5 program has again been extended for another six months without change, but Senator Charles Grassley (R-Iowa) has now vowed to terminate it in the near term. Foreign investors planning to apply for EB-5 visas should act now in light of the possibility of termination of the EB-5 Regional Center Program on September 30, 2018.
-
Wyoming Enacts Trailblazing Blockchain and Cryptocurrency Legislation
Wyoming’s Blockchain & Cryptocurrency Legislation
March 12, 2018
While the regulation of blockchain and cryptocurrency activities on a federal level remains uncertain, Wyoming has adopted legislation that aims to facilitate the development of business in these fast-emerging areas by providing a predictable legal and regulatory environment.
-
New York & Colorado Propose “New” Cybersecurity Regulations for Broker-Dealers
New York & Colorado Cybersecurity Regulations
May 24, 2017
While there are distinct differences regarding reporting obligations to notify state regulators of “breach events” and the like, the new cybersecurity regulations promulgated by New York and Colorado essentially codify what broker-dealers, investment advisers and fund managers are or should be doing as required by their respective regulatory or self-regulatory bodies.
-
Federal Judges Are Tired of 'Stock' Discovery Objections
Law360 | Expert Analysis
May 3, 2017
-
Nurse Practitioners in the World of Pain Management: A Cautionary Tale
The Journal for Nurse Practitioners
Volume 12, Issue 2, February 2016
-
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.
-
Employment Newsletter
Criminal Conviction Queries on Job Applications
February 2015
-
U.S. Supreme Court Addresses Whether Arbitration Agreements That Are Silent Concerning Class-wide Arbitration Can Be Arbitrated as a Class
Supreme Court Clarifies Need for Class Arbitration Disclaimer
June 14, 2013
A recent Supreme Court decision makes clear that businesses should affirmatively disclaim class arbitration in their arbitration provisions. Absent this disclaimer, if an arbitrator demonstrates an interpretation of the arbitration provision, the parties might be bound by this ruling with no judicial recourse.
-
The Changing Landscape for the Effectiveness of Class Action Waivers in Arbitration Agreements
Bloomberg BNA Class Action Litigation Report®
March 8, 2013
-
Will Satisfying the Claims of a Named Plaintiff in a Class Action Lawsuit Moot the Case?
The Voice: DRI Newsletter
December 6, 2012
-
Nicastro and its Progeny: Did the U.S. Supreme Court Usher in a New Liability Landscape 25 Years After Asahi?
Bloomberg Law: Occupational Safety & Health Reporter™
July 12, 2012
The Bloomberg Law newsletter, Product Safety and Litigation Reporter, has published an article written by David Ross that examines the U.S. Supreme Court’s divided opinions on personal jurisdiction.
-
U.S. District Court Affirms That “Foreseeability” and “Stream of Commerce” Are Insufficient Grounds to Establish Personal Jurisdiction Over Foreign Defendants
February 2, 2012
Foreign defendants should keep abreast of developing case law stemming from J. McIntyre Machinery, Ltd. v. Nicastro, which may clarify what activities are most likely to give rise to personal jurisdiction under the still developing precedent.