Stephen B. Smith

Partner

stephen.smith@wilsonelser.com

Dallas, TX p. 214.698.8019

Represented excess insurer in coverage dispute arising out of a $200 million verdict.

Filed writ of mandamus to prevent coverage adjuster from being deposed in underlying litigation.

Obtained defense verdict in brain injury case where the plaintiffs’ lowest demand was $1.5 million.

Obtained summary judgment in coverage pollution case.

Successfully tried an accounting malpractice case to verdict.

Represented excess insurer in coverage dispute arising out of a $200 million verdict.

Filed writ of mandamus to prevent coverage adjuster from being deposed in underlying litigation.

Obtained defense verdict in brain injury case where the plaintiffs’ lowest demand was $1.5 million.

Obtained summary judgment in coverage pollution case.

Successfully tried an accounting malpractice case to verdict.

Firm Highlights

Events
The Changing Nature of Defending Class Actions in 2026
Matthew Foree (Of Counsel-Atlanta, GA) will present the Wilson Elser Forum webinar “The Changing Nature of Defending Class Actions in 2026” on April 21, 2026. This session examines the trends, judicial shifts, and emerging risks shaping class action defense in 2026. Matt will discuss how technology and recent rule and case-filing changes are transforming defense strategy, explore new approaches for managing exposure and leverage, and offer practical tactics for navigating a faster, more outcome- and data-driven litigation environment.
Read more

Publications
2020 Labor Day Wildfire Verdict Against PacifiCorp Reversed
Oregon’s Court of Appeals reversed a jury verdict that held PacifiCorp liable for various wildfires that burned over Labor Day weekend of 2020. The case centered on four different wildfires: the 242 Fire, Echo Mountain Complex Fire, South Obenchain Fire, and Santiam Canyon Fire—spanning over 2,000 parcels separated by over 100 miles.

Plaintiffs who were affected by the fires brought a class action against PacifiCorp. The liability portion was tried first, and a jury determined that PacifiCorp “engaged in tortious acts or omissions in relation to certain of those wildfires….” 

This liability verdict was reversed based on an erroneous jury instruction. The trial court had instructed the jury that it could “assume that the evidence at the trial applies to all class members.” The instruction was deemed erroneous in the context of this class action “because certain evidence at trial, particularly related to causation, did not necessarily apply to every class member,” held the Court of Appeals. Prejudice to PacifiCorp based on this error was established, and the verdict was reversed.

This decision has significant implications. First, this may not be the end of the liability appeals as plaintiffs could seek further review from Oregon’s Supreme Court. Second, as reported by Oregon Public Broadcasting, the damages portion of the case is ongoing and more than 160 damages trials have been scheduled through 2027. Some damages trials have already concluded. With liability now in doubt, these damages trials may be delayed further.
Read more

Client Wins
Yee and Catalanotti Secure Legal Malpractice Claim Dismissal at Pleading Stage
Stephanie Yee (Associate-San Francisco, CA) and Peter Catalanotti (Partner-San Francisco, CA) secured dismissal of a highly contested legal malpractice action in the U.S. District Court, Northern District of California, on a special motion to strike (anti-SLAPP) filed on behalf of Wilson Elser’s attorney clients. In support of their motion, Stephanie and Peter successfully argued that the attorneys’ conduct constituted protected speech and warranted dismissal at the pleading stage. After taking the motion under submission for many months, the judge dismissed all claims against our clients and set a briefing schedule for an attorney’s fees motion.
Read more

Publications
Law.com Features Espey Article Examining Appellate Clarification on NJ Fee-Shifting Statute Requirements
Peter Espey (Of Counsel-Madison, NJ) authored “Who ‘Prevails’ Under New Jersey’s Nursing Home Fee-Shifting Statute,” published April 16, 2026, on Law.com and in the New Jersey Law Journal. The article examines the recent published Appellate Division decision in Emmons v. Elmwood Hills (March 20, 2026), which clarifies when a plaintiff qualifies as a “prevailing party” under New Jersey’s Nursing Home Responsibilities and Residents’ Rights Act (NHA) for purposes of recovering attorney’s fees and costs. Peter explains that, in affirming the trial court, the appellate court held that fee-shifting under the NHA requires proof of a statutory violation, proximate cause, and resulting damages – rejecting the idea that a negligence-based recovery alone is sufficient for fee shifting. The article also highlights practical considerations, such as the critical role of thorough documentation in defending skilled nursing facility claims. Peter concludes that “Going forward, future cases may focus on what constitutes a violation of rights under the NHA.”
Read more

Events
The Inclusion of Uninjured Members in Certified Class Actions
David Ross (Partner-Washington, DC) will present the Wilson Elser Forum webinar “The Inclusion of Uninjured Members in Certified Class Actions” on April 23, 2026. This session addresses standing and predominance challenges, damages models, and the procedural complexities that arise when a certified class includes individuals who may not have suffered cognizable harm. David will analyze current case law, explore strategies for certification and decertification motions, and discuss practical solutions for managing these issues at trial.
Read more

News
Caiazzo Named to 2026 HERALD Top Lawyers of Long Island
Cav. Nicholas R. Caiazzo (Partner-New York, NY) was named a recipient of the annual 2026 Long Island HERALD Top Lawyers of Long Island Award, which recognizes outstanding leaders in the legal profession across Long Island. Nick will be honored in the category of Complex Tort and General Casualty/Trial Attorney alongside fellow award recipients at the HERALD Top Lawyers of Long Island Awards Gala on April 22, 2026, at the Heritage Club at Bethpage in Farmingdale, New York. The annual awards highlight the vital role attorneys play in society, serving as defenders of justice, protectors of individual rights, and facilitators of legal processes. Through their advocacy and community involvement, these professionals promote accountability, safeguard civil liberties, and uphold the rule of law, making them indispensable to maintaining a just society.
Read more

News
Allin Named to 2026 Southwest Super Lawyers Rising Stars
Super Lawyers® has named Taylor H. Allin (Partner-Phoenix, AZ) to the 2026 Southwest Rising Stars™ list for the sixth consecutive year. Taylor is included in the Transportation/Maritime category. His complex litigation practice includes defending a wide range of transportation matters and marine and admiralty claims.

The Rising Stars lists, comprising the best attorneys 40 years old and younger or who have practiced law for 10 years or less, are published in Super Lawyers magazines and leading city and regional magazines nationwide. No more than 2.5 percent of the lawyers in the state are named to these lists.
Read more

Client Wins
Defense Verdict Secured for The Peninsula Beverly Hills After Month-Long Jury Trial
Gary Pancer (Partner-Los Angeles, CA), Kelley Harman (Of Counsel-Los Angeles, CA), and Aria Aghalarpour (Associate-Los Angeles, CA) of Wilson Elser secured a complete defense verdict in Los Angeles County Superior Court, Santa Monica, on behalf of their client, The Peninsula Beverly Hills (the "Hotel"). The verdict followed a three-week-long jury trial, preceded by two weeks of extensive pre-trial motion practice and jury selection. General Counsel for the Hotel's owner, Michael Tenner, was present throughout the entirety of the proceedings.

Plaintiff, a 68-year-old woman, claimed that she ordered a decaffeinated iced tea at the Hotel's Roof Garden restaurant at lunch on January 30, 2021, but was allegedly served caffeinated tea. At trial, the plaintiff attempted to establish liability through testimony from family members who were present at the lunch, as well as a friend who had worked at the Hotel for 17 years. Wilson Elser presented testimony from Hotel leadership, including the former Assistant Director of Food and Beverage, the Hotel Manager, and the Managing Director, establishing clear, reliable beverage service protocols that were followed, including the use of separate containers and visual markers to distinguish decaffeinated beverages.

Plaintiff relied on expert testimony from a physician who opined that caffeine consumption caused plaintiff's cardiac symptoms. We countered with expert analysis by a research cardiologist and electrophysiology expert, who explained that it is medically implausible for a single instance of alleged caffeine consumption to reverse an ablation or cause long-term arrhythmias, and that no physiological basis supports the plaintiff's theory.

After approximately two hours of deliberation, the jury returned a defense verdict, finding The Peninsula Beverly Hills was not negligent. Notably, the jury resolved the case at the first question on the verdict form and never reached the issue of causation. Post-verdict discussions confirmed the jury would have unanimously found for the defense on causation as well. The hotel is pursuing recovery of substantial expert fees and litigation costs in excess of $200,000.
Read more

Publications
Claims Journal Features Bortnick and Michaud Article on Subrogation After Cyber Breaches: Lessons from Axis and Travelers
Richard Bortnick (Of Counsel-Philadelphia, PA) and Charina Michaud (Associate-Chicago, IL) coauthored “Legal Analysis: Insurer Subrogation Under Scrutiny,” appearing in the April 17, 2026, posting of Claims Journal. The article analyzes two recent decisions – Axis Insurance Co. v. Barracuda Networks, Inc. and Travelers Casualty and Surety Co. of America v. Blackbaud, Inc. – that examine the scope of insurers’ subrogation rights in the wake of data security breaches. Rick and Charina explain that while the First Circuit in Axis rejected subrogation claims against a downstream vendor for lack of contractual privity, the Delaware Supreme Court in Travelers allowed similar claims to proceed where a direct contractual relationship existed. Together, the decisions clarify that subrogation claims in the cybersecurity context hinge on the existence and proper pleading of contractual relationships between the insured and the alleged wrongdoer. “Absent a contractual relationship between the insured and the alleged subrogee, a claim for indemnity or subrogation is unlikely to survive – particularly in jurisdictions that follow the reasoning in Axis.” Rick and Charina further explore how these rulings shape risk allocation across vendor chains and offer practical considerations for drafting and enforcing data security agreements. 
Read more

Events
Class Action Settlements: Legal Issues and Practical Mechanics
Brian Myers (Of Counsel-Washington, DC) will present the Wilson Elser Forum webinar “Class Action Settlements: Legal Issues and Practical Mechanics” on April 22, 2026. This session provides a comprehensive overview of the settlement process, from negotiation protocols and structuring class benefits to satisfying fairness requirements, managing notice obligations, and addressing attorney fee methodologies. Brian will offer guidance on surviving objections and avoiding common procedural pitfalls that can derail even well-negotiated resolutions.
Read more

Client Wins
Yee and Catalanotti Secure Legal Malpractice Claim Dismissal at Pleading Stage
Stephanie Yee (Associate-San Francisco, CA) and Peter Catalanotti (Partner-San Francisco, CA) secured dismissal of a highly contested legal malpractice action in the U.S. District Court, Northern District of California, on a special motion to strike (anti-SLAPP) filed on behalf of Wilson Elser’s attorney clients. In support of their motion, Stephanie and Peter successfully argued that the attorneys’ conduct constituted protected speech and warranted dismissal at the pleading stage. After taking the motion under submission for many months, the judge dismissed all claims against our clients and set a briefing schedule for an attorney’s fees motion.
Read more

Publications
2020 Labor Day Wildfire Verdict Against PacifiCorp Reversed
Oregon’s Court of Appeals reversed a jury verdict that held PacifiCorp liable for various wildfires that burned over Labor Day weekend of 2020. The case centered on four different wildfires: the 242 Fire, Echo Mountain Complex Fire, South Obenchain Fire, and Santiam Canyon Fire—spanning over 2,000 parcels separated by over 100 miles.

Plaintiffs who were affected by the fires brought a class action against PacifiCorp. The liability portion was tried first, and a jury determined that PacifiCorp “engaged in tortious acts or omissions in relation to certain of those wildfires….” 

This liability verdict was reversed based on an erroneous jury instruction. The trial court had instructed the jury that it could “assume that the evidence at the trial applies to all class members.” The instruction was deemed erroneous in the context of this class action “because certain evidence at trial, particularly related to causation, did not necessarily apply to every class member,” held the Court of Appeals. Prejudice to PacifiCorp based on this error was established, and the verdict was reversed.

This decision has significant implications. First, this may not be the end of the liability appeals as plaintiffs could seek further review from Oregon’s Supreme Court. Second, as reported by Oregon Public Broadcasting, the damages portion of the case is ongoing and more than 160 damages trials have been scheduled through 2027. Some damages trials have already concluded. With liability now in doubt, these damages trials may be delayed further.
Read more

Events
The Changing Nature of Defending Class Actions in 2026
Matthew Foree (Of Counsel-Atlanta, GA) will present the Wilson Elser Forum webinar “The Changing Nature of Defending Class Actions in 2026” on April 21, 2026. This session examines the trends, judicial shifts, and emerging risks shaping class action defense in 2026. Matt will discuss how technology and recent rule and case-filing changes are transforming defense strategy, explore new approaches for managing exposure and leverage, and offer practical tactics for navigating a faster, more outcome- and data-driven litigation environment.
Read more

Publications
Law.com Features Espey Article Examining Appellate Clarification on NJ Fee-Shifting Statute Requirements
Peter Espey (Of Counsel-Madison, NJ) authored “Who ‘Prevails’ Under New Jersey’s Nursing Home Fee-Shifting Statute,” published April 16, 2026, on Law.com and in the New Jersey Law Journal. The article examines the recent published Appellate Division decision in Emmons v. Elmwood Hills (March 20, 2026), which clarifies when a plaintiff qualifies as a “prevailing party” under New Jersey’s Nursing Home Responsibilities and Residents’ Rights Act (NHA) for purposes of recovering attorney’s fees and costs. Peter explains that, in affirming the trial court, the appellate court held that fee-shifting under the NHA requires proof of a statutory violation, proximate cause, and resulting damages – rejecting the idea that a negligence-based recovery alone is sufficient for fee shifting. The article also highlights practical considerations, such as the critical role of thorough documentation in defending skilled nursing facility claims. Peter concludes that “Going forward, future cases may focus on what constitutes a violation of rights under the NHA.”
Read more

Events
The Inclusion of Uninjured Members in Certified Class Actions
David Ross (Partner-Washington, DC) will present the Wilson Elser Forum webinar “The Inclusion of Uninjured Members in Certified Class Actions” on April 23, 2026. This session addresses standing and predominance challenges, damages models, and the procedural complexities that arise when a certified class includes individuals who may not have suffered cognizable harm. David will analyze current case law, explore strategies for certification and decertification motions, and discuss practical solutions for managing these issues at trial.
Read more

News
Caiazzo Named to 2026 HERALD Top Lawyers of Long Island
Cav. Nicholas R. Caiazzo (Partner-New York, NY) was named a recipient of the annual 2026 Long Island HERALD Top Lawyers of Long Island Award, which recognizes outstanding leaders in the legal profession across Long Island. Nick will be honored in the category of Complex Tort and General Casualty/Trial Attorney alongside fellow award recipients at the HERALD Top Lawyers of Long Island Awards Gala on April 22, 2026, at the Heritage Club at Bethpage in Farmingdale, New York. The annual awards highlight the vital role attorneys play in society, serving as defenders of justice, protectors of individual rights, and facilitators of legal processes. Through their advocacy and community involvement, these professionals promote accountability, safeguard civil liberties, and uphold the rule of law, making them indispensable to maintaining a just society.
Read more

News
Allin Named to 2026 Southwest Super Lawyers Rising Stars
Super Lawyers® has named Taylor H. Allin (Partner-Phoenix, AZ) to the 2026 Southwest Rising Stars™ list for the sixth consecutive year. Taylor is included in the Transportation/Maritime category. His complex litigation practice includes defending a wide range of transportation matters and marine and admiralty claims.

The Rising Stars lists, comprising the best attorneys 40 years old and younger or who have practiced law for 10 years or less, are published in Super Lawyers magazines and leading city and regional magazines nationwide. No more than 2.5 percent of the lawyers in the state are named to these lists.
Read more

Client Wins
Defense Verdict Secured for The Peninsula Beverly Hills After Month-Long Jury Trial
Gary Pancer (Partner-Los Angeles, CA), Kelley Harman (Of Counsel-Los Angeles, CA), and Aria Aghalarpour (Associate-Los Angeles, CA) of Wilson Elser secured a complete defense verdict in Los Angeles County Superior Court, Santa Monica, on behalf of their client, The Peninsula Beverly Hills (the "Hotel"). The verdict followed a three-week-long jury trial, preceded by two weeks of extensive pre-trial motion practice and jury selection. General Counsel for the Hotel's owner, Michael Tenner, was present throughout the entirety of the proceedings.

Plaintiff, a 68-year-old woman, claimed that she ordered a decaffeinated iced tea at the Hotel's Roof Garden restaurant at lunch on January 30, 2021, but was allegedly served caffeinated tea. At trial, the plaintiff attempted to establish liability through testimony from family members who were present at the lunch, as well as a friend who had worked at the Hotel for 17 years. Wilson Elser presented testimony from Hotel leadership, including the former Assistant Director of Food and Beverage, the Hotel Manager, and the Managing Director, establishing clear, reliable beverage service protocols that were followed, including the use of separate containers and visual markers to distinguish decaffeinated beverages.

Plaintiff relied on expert testimony from a physician who opined that caffeine consumption caused plaintiff's cardiac symptoms. We countered with expert analysis by a research cardiologist and electrophysiology expert, who explained that it is medically implausible for a single instance of alleged caffeine consumption to reverse an ablation or cause long-term arrhythmias, and that no physiological basis supports the plaintiff's theory.

After approximately two hours of deliberation, the jury returned a defense verdict, finding The Peninsula Beverly Hills was not negligent. Notably, the jury resolved the case at the first question on the verdict form and never reached the issue of causation. Post-verdict discussions confirmed the jury would have unanimously found for the defense on causation as well. The hotel is pursuing recovery of substantial expert fees and litigation costs in excess of $200,000.
Read more

Publications
Claims Journal Features Bortnick and Michaud Article on Subrogation After Cyber Breaches: Lessons from Axis and Travelers
Richard Bortnick (Of Counsel-Philadelphia, PA) and Charina Michaud (Associate-Chicago, IL) coauthored “Legal Analysis: Insurer Subrogation Under Scrutiny,” appearing in the April 17, 2026, posting of Claims Journal. The article analyzes two recent decisions – Axis Insurance Co. v. Barracuda Networks, Inc. and Travelers Casualty and Surety Co. of America v. Blackbaud, Inc. – that examine the scope of insurers’ subrogation rights in the wake of data security breaches. Rick and Charina explain that while the First Circuit in Axis rejected subrogation claims against a downstream vendor for lack of contractual privity, the Delaware Supreme Court in Travelers allowed similar claims to proceed where a direct contractual relationship existed. Together, the decisions clarify that subrogation claims in the cybersecurity context hinge on the existence and proper pleading of contractual relationships between the insured and the alleged wrongdoer. “Absent a contractual relationship between the insured and the alleged subrogee, a claim for indemnity or subrogation is unlikely to survive – particularly in jurisdictions that follow the reasoning in Axis.” Rick and Charina further explore how these rulings shape risk allocation across vendor chains and offer practical considerations for drafting and enforcing data security agreements. 
Read more

Events
Class Action Settlements: Legal Issues and Practical Mechanics
Brian Myers (Of Counsel-Washington, DC) will present the Wilson Elser Forum webinar “Class Action Settlements: Legal Issues and Practical Mechanics” on April 22, 2026. This session provides a comprehensive overview of the settlement process, from negotiation protocols and structuring class benefits to satisfying fairness requirements, managing notice obligations, and addressing attorney fee methodologies. Brian will offer guidance on surviving objections and avoiding common procedural pitfalls that can derail even well-negotiated resolutions.
Read more

Client Wins
Yee and Catalanotti Secure Legal Malpractice Claim Dismissal at Pleading Stage
Stephanie Yee (Associate-San Francisco, CA) and Peter Catalanotti (Partner-San Francisco, CA) secured dismissal of a highly contested legal malpractice action in the U.S. District Court, Northern District of California, on a special motion to strike (anti-SLAPP) filed on behalf of Wilson Elser’s attorney clients. In support of their motion, Stephanie and Peter successfully argued that the attorneys’ conduct constituted protected speech and warranted dismissal at the pleading stage. After taking the motion under submission for many months, the judge dismissed all claims against our clients and set a briefing schedule for an attorney’s fees motion.
Read more

Publications
2020 Labor Day Wildfire Verdict Against PacifiCorp Reversed
Oregon’s Court of Appeals reversed a jury verdict that held PacifiCorp liable for various wildfires that burned over Labor Day weekend of 2020. The case centered on four different wildfires: the 242 Fire, Echo Mountain Complex Fire, South Obenchain Fire, and Santiam Canyon Fire—spanning over 2,000 parcels separated by over 100 miles.

Plaintiffs who were affected by the fires brought a class action against PacifiCorp. The liability portion was tried first, and a jury determined that PacifiCorp “engaged in tortious acts or omissions in relation to certain of those wildfires….” 

This liability verdict was reversed based on an erroneous jury instruction. The trial court had instructed the jury that it could “assume that the evidence at the trial applies to all class members.” The instruction was deemed erroneous in the context of this class action “because certain evidence at trial, particularly related to causation, did not necessarily apply to every class member,” held the Court of Appeals. Prejudice to PacifiCorp based on this error was established, and the verdict was reversed.

This decision has significant implications. First, this may not be the end of the liability appeals as plaintiffs could seek further review from Oregon’s Supreme Court. Second, as reported by Oregon Public Broadcasting, the damages portion of the case is ongoing and more than 160 damages trials have been scheduled through 2027. Some damages trials have already concluded. With liability now in doubt, these damages trials may be delayed further.
Read more

Events
The Changing Nature of Defending Class Actions in 2026
Matthew Foree (Of Counsel-Atlanta, GA) will present the Wilson Elser Forum webinar “The Changing Nature of Defending Class Actions in 2026” on April 21, 2026. This session examines the trends, judicial shifts, and emerging risks shaping class action defense in 2026. Matt will discuss how technology and recent rule and case-filing changes are transforming defense strategy, explore new approaches for managing exposure and leverage, and offer practical tactics for navigating a faster, more outcome- and data-driven litigation environment.
Read more

Publications
Law.com Features Espey Article Examining Appellate Clarification on NJ Fee-Shifting Statute Requirements
Peter Espey (Of Counsel-Madison, NJ) authored “Who ‘Prevails’ Under New Jersey’s Nursing Home Fee-Shifting Statute,” published April 16, 2026, on Law.com and in the New Jersey Law Journal. The article examines the recent published Appellate Division decision in Emmons v. Elmwood Hills (March 20, 2026), which clarifies when a plaintiff qualifies as a “prevailing party” under New Jersey’s Nursing Home Responsibilities and Residents’ Rights Act (NHA) for purposes of recovering attorney’s fees and costs. Peter explains that, in affirming the trial court, the appellate court held that fee-shifting under the NHA requires proof of a statutory violation, proximate cause, and resulting damages – rejecting the idea that a negligence-based recovery alone is sufficient for fee shifting. The article also highlights practical considerations, such as the critical role of thorough documentation in defending skilled nursing facility claims. Peter concludes that “Going forward, future cases may focus on what constitutes a violation of rights under the NHA.”
Read more

Events
The Inclusion of Uninjured Members in Certified Class Actions
David Ross (Partner-Washington, DC) will present the Wilson Elser Forum webinar “The Inclusion of Uninjured Members in Certified Class Actions” on April 23, 2026. This session addresses standing and predominance challenges, damages models, and the procedural complexities that arise when a certified class includes individuals who may not have suffered cognizable harm. David will analyze current case law, explore strategies for certification and decertification motions, and discuss practical solutions for managing these issues at trial.
Read more

News
Caiazzo Named to 2026 HERALD Top Lawyers of Long Island
Cav. Nicholas R. Caiazzo (Partner-New York, NY) was named a recipient of the annual 2026 Long Island HERALD Top Lawyers of Long Island Award, which recognizes outstanding leaders in the legal profession across Long Island. Nick will be honored in the category of Complex Tort and General Casualty/Trial Attorney alongside fellow award recipients at the HERALD Top Lawyers of Long Island Awards Gala on April 22, 2026, at the Heritage Club at Bethpage in Farmingdale, New York. The annual awards highlight the vital role attorneys play in society, serving as defenders of justice, protectors of individual rights, and facilitators of legal processes. Through their advocacy and community involvement, these professionals promote accountability, safeguard civil liberties, and uphold the rule of law, making them indispensable to maintaining a just society.
Read more

Privacy Settings

Stephen B. Smith

Representative Matters

Firm Highlights