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THE PREEMINENT DEFENSE LITIGATION FIRM

At any given time, our more than 1,000 attorneys are engaged in as many as
100,000 defense and coverage matters, with many defending clients in various
local, state and federal courts.


FIRM FACTS

--------------------------------------------------------------------------------

Accomplished litigation, coverage and trial attorneys

1,175

Ranking in the AmLaw 200 by gross revenue

103

Years of defending domestic and international clients

46

Clients represented in 2023

4,731

Defense and coverage matters handled in 2023

120,580


FEATURED

Press Releases


WILSON ELSER ANNOUNCES MOVE TO LARGER QUARTERS ON LONG ISLAND, NY

April 29, 2024

Client Wins


SEMLIES AND BOREA OBTAIN UNANIMOUS DEFENSE VERDICT ON BEHALF OF ASSISTED-LIVING
FACILITY AND ITS HOME CARE AGENCY

April 25, 2024

News Brief


WILSON ELSER ESTABLISHES CRITICAL INCIDENT RESPONSE TEAM

April 1, 2024


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FIRM HIGHLIGHTS

PreviousPrevious
Publications
Risk & Insurance Publishes Sheehan and Sternberg on AI in Health Care
Noelle Sheehan (Partner-Orlando, FL) and Dov Sternberg (Partner-New York, NY)
coauthored “Why Harnessing AI’s Potential in Health Care Is a Double-Edged
Sword,” which appeared in the May 4, 2024, posting of Risk & Insurance,
affiliated with The Institutes. Today, more than one third of U.S. hospitals and
imaging centers report using AI in patient care, and it is now used in many
specialties, including radiology, psychiatry, primary care and disease
diagnosis. Noelle and Dov discuss the advantages and risks to medical
professionals of adopting this advanced technology. “Although employing AI has
changed and continues to change health care,” the authors caution, “providers
would be well advised to weigh its pros and cons.” Noelle and Dov extend their
appreciation to law clerk Emma Van Sertima for her valuable research assistance.
Read more
Events
Blockchain & AI: Emerging Risks from Emerging Technologies
John Cahill (Associate-White Plains, NY) will present a Wilson Elser Forum
webinar, “Blockchain & AI: Emerging Risks from Emerging Technologies,” on June
6, 2024. The educational objective of this continuing education session is to
provide claims professionals with a comprehensive understanding of emerging
technologies, specifically focusing on blockchain and artificial intelligence
(AI), and their profound implications within the insurance industry.
Participants will be equipped to define blockchain technology and artificial
intelligence, grasp their key characteristics and discern their diverse
applications across various sectors. John also will provide insights into the
intricate legal landscape surrounding blockchain and artificial intelligence,
including considerations of securities law, intellectual property rights and
ongoing regulatory developments. Participants will be equipped to evaluate the
significant insurance implications posed by blockchain, encompassing affected
coverage areas, challenges in insurability and the impact of cryptocurrency
market volatility on insurance coverage.
Read more
News
Boone Quoted in Law360 Insurance Authority Article Exploring Valid Claim
Requirements
Richard Boone (Partner-New York, NY) is quoted in the article "5th Circ. May
Ponder If Threats Are Claims In Healthcare Suit," published in the April 25,
2024, issue of Law360 Insurance Authority. The article explores the issues up
for imminent review by the U.S. Court of Appeals for the Fifth Circuit regarding
the Louisiana federal court decision in an insurance coverage dispute. A
healthcare company was denied coverage by its insurer for a settlement payment
it made to avoid litigation and seeks a determination as to whether the federal
court was correct in granting summary judgment for the insurer, finding that the
company never made a valid claim under its managed care and omissions insurance
policy. The dispute focuses on what constitutes a claim, including whether a
letter threatening litigation against another party constitutes a claim. In this
case, the agency the healthcare company contracted with was threatened with a
lawsuit; the healthcare company forwarded the threat information to its insurer.
Rich weighs in regarding the healthcare company's asking the 5th Circuit to
determine whether its submissions to the insurer constituted related claims in
this case. He notes that a closer look is unlikely warranted, pointing out,
"There was never a claim made against the healthcare company in the first place,
so there is no reason to look and see if it was related to anything else." Rich
adds, "I would be surprised if the Fifth Circuit would disturb the lower court's
decision here since there is no clear legal error."  
Read more
Client Wins
Belanger and Russell Receive Defense Verdict, Court Discourages Further Appeals
Emily Belanger (Associate-Baltimore, MD) and Angela Russell (Partner-Baltimore,
MD) received a defense verdict following a recent bench trial in the Circuit
Court for Montgomery County. This case has been pending for four years and was
appealed to the Appellate Court after the lower court granted Emily and Angela’s
motion for summary judgment. The Appellate Court reversed in part and remanded
the case for trial. The plaintiff claimed breach of contract and sought the
market value of his personal property ($100,000+) and attorney’s fees following
the sale of said property after plaintiff’s default on rental payments to our
client storage facility. The court focused its analysis on waiver and estoppel
based on COVID-19 publications that our client issued from their corporate
offices noting leniency on payments and delays in auctions because of the
pandemic. The court concluded that the plaintiff did not rely on said COVID-19
publications to establish estoppel, and as to waiver, that the plaintiff failed
to carry his burden of proof. The court went on to caution the plaintiff that if
he intended to appeal again, any damages would be limited to $5,000, pursuant to
the contract, and attorney’s fees would not be recoverable. 
Read more
Events
ClaimsXchange Trial Academy: Where Excellence Meets Defense Advocacy
Stu Miller (Partner-New York/White Plains, NY | West Palm Beach/Orlando, FL)
will present at the 2024 ClaimsXchange Trial Academy to be held July 16–18,
2024, in Chicago, Illinois. A team comprising some of the nation's finest
defense lawyers will guide attendees on a transformative journey through the art
of trial advocacy. The three intensive days cover Pre-Trial Strategies all the
way through Summation and Closing Arguments.
Read more
News
2024 Annual National Trial Advocacy Training (NTAT) Series Continues
Wilson Elser’s 2024 NTAT series continued on April 25, 2024, featuring the
firm’s National Trial Team cochairs, Eugene Boulé and Mathew Ross co-leading the
presentation “Trial Preparation: The Fundamentals” before a full audience of
firmwide attorneys.   One of the firm’s premier training programs, this annual
in-house training series and the corresponding Mock Trial Invitational are
taught by some of our most experienced and accomplished litigators. NTAT covers
the latest trends in trial and courtroom strategy and technology and prepares
attorneys with the skills to be agile litigators positioned to handle any aspect
of trial work. Here’s what the attendees had to say about “Trial Preparation:
The Fundamentals”: “It was an outstanding program with two of our very best
trial lawyers. I strongly recommend that we have more similar trial
training/CLEs. Thank you.” “It will change how to initially prepare the case,
and the steps to take prior to trial.” “Great program and very useful.”
Read more
Publications
Employment & Labor Practice Issues White Paper on FTC’s Rule Banning Noncompete
Agreements
Wilson Elser partner Diana Estrada, experienced in litigating matters arising
under all aspects of federal and state employment laws, takes a deep dive into
the recently passed Federal Trade Commission (FTC) Noncompete Clause Rule.
Author of the Employment & Labor Practice’s newly issued white paper FTC Ban on
Post-Employment Noncompete Agreements: How did we get here and what happens
next? Diana launches an in-depth examination of the new rule, including
exceptions and alternatives to noncompete agreements. Importantly, she notes
that although the new rule may not withstand legal scrutiny, states are becoming
more and more hostile toward noncompete provisions and are legislating to limit
them while the National Labor Relations Board continues to scrutinize their use.
The white paper accordingly includes a caveat for employers to work closely with
counsel to consider how they will navigate new laws that may render their
current noncompete agreements null and void. This process should include a
thorough review of current agreements and policies to determine whether the
terms are still enforceable and how such agreements or policies may be revised
or replaced with alternative forms of protection, including specifically
tailored confidentiality agreements.   
Read more
Client Wins
Grady, Funchion and Lacy Obtain Defense Verdict in Contentious Medical
Malpractice Case
White Plains, New York, partners Michael Grady and Patricia Lacy and of counsel
Siobhainin Funchion obtained a unanimous defense verdict for the firm’s
neurologist and medical group clients in a contentious 2 ½-week trial in the
Supreme Court of Westchester County. Plaintiff alleged that our client
neurologist failed to timely diagnose and treat a subdural hematoma in
42-year-old plaintiff who had fallen and hit his head 19 days earlier while
rollerblading without a helmet. Plaintiff further alleged that our client
neurologist failed to advise the patient to stop taking Advil/ibuprofen, which
resulted in worsening of the subdural hematoma. Finally, plaintiff alleged that
our client failed to order STAT imaging when the patient returned three weeks
later with complaints that his headaches had worsened the week prior, with
continued dizziness and a new complaint of difficulty gaging the floor. Our
client ordered an MRI of the brain, but not STAT, which revealed a large
subdural hematoma with herniation appreciated, which required a craniotomy the
following day. Plaintiff alleged that the delay in diagnosis resulted in
significant brain damage, including memory loss and behavioral changes. Mike and
Siobhan argued that the client’s diagnosis of post-concussion syndrome was
appropriate given the mild nature of the initial complaints, normal physical and
neurological exams, and plaintiff’s delay in seeking medical care. They further
contended that not every head injury requires imaging. As to the second
appointment, Mike and Siobhan argued that STAT imaging was not warranted as
physical and neurological examinations remained within normal limits. They
argued that the brain injury at issue was from the concussion, not the hematoma,
and through their expert neurosurgeon established that regardless of when the
hematoma was diagnosed it would not have changed the ultimate outcome. Notably,
plaintiff sustained a second fall four years after the initial fall during the
course of litigation, resulting in a subarachnoid hemorrhage and subdural
hematomas causing permanent brain damage rendering plaintiff unable to work and
requiring 24-hour care. Due to procedural defects in plaintiff’s attempt to
vacate the Note of Issue two years prior to trial, Siobhan successfully argued
to preclude any departures or causation issues related to the second fall and
sequalae on the verdict sheet and jury charge. The case involved five experts in
the fields of radiology, neurosurgery and neurology and three departure
questions on the verdict sheet. The plaintiff’s attorney asked the jury to award
$4 million. The jury found unanimously for our clients on all three departure
questions.
Read more
Publications
Employment Tip of the Month – May 2024
Q: Can the Pregnant Workers Fairness Act be invoked when a request for
accommodation is made by an employee who is not pregnant? A: Maybe. According to
the new Equal Employment Opportunity Commission (EEOC) guidelines and depending
on the particular circumstances, employees who are not pregnant may have rights
under the Pregnant Workers Fairness Act (PWFA). While these EEOC guidelines are
already being challenged in court, it is important to know what the EEOC deems
to constitute statutory compliance and what conduct it might deem violative of
its guidelines and the PWFA. The PWFA mandates that covered employers offer
“reasonable accommodations” to qualified employees or applicants with known
limitations due to pregnancy, childbirth or related medical conditions, unless
such accommodations pose an undue hardship to the employer. The PWFA supplements
existing laws that prohibit discrimination based on pregnancy or
pregnancy-related conditions, such as Title VII, the ADA, and state and local
laws and regulations.  The PWFA prohibits employers from:  Failing to provide
reasonable accommodations Requiring an employee or applicant to accept an
accommodation Denying equal employment opportunities Requiring the employee to
take leave when other accommodations are available Taking adverse action against
a worker for seeking or using a reasonable accommodation.  Some examples of
possible reasonable accommodations under the PWFA include additional, longer or
more flexible breaks; changing food or drink policies; and telework, light duty
or leave. The PWFA went into effect on June 27, 2023. On April 19, 2024, the
EEOC issued its final interpretive guidance for the PWFA, which clarified that
the law’s definition of “pregnancy, childbirth or related medical conditions” is
very broad. Specifically, the EEOC stated that employees experiencing medical
conditions such as infertility, menstruation, anemia, sciatica, changes in
hormone levels, endometriosis, fertility treatments, miscarriages or abortions
are covered by the law. This list of conditions is not exhaustive. For example,
the EEOC would deem an employee who is not pregnant but requests leave to attend
a medical appointment related to removal of a contraceptive device is likely
covered by the law. Similarly, the EEOC would deem an employee who is not
pregnant but who requests to work from home due to cramping or negative side
effects from IVF also is likely covered by the law. Employers should be aware
that requests for accommodations arguably related to pregnancy or potential
pregnancy could implicate the PWFA. Employers who have questions regarding this
rapidly evolving area of statutory and administrative law should seek legal
guidance. Remember, if you have 15 or more employees, you are covered by the
PWFA and should seek guidance to ensure that you understand your obligations and
rights under this and other statutes that regulate your workplace policies.  
Read more
Events
Insurance Coverage Litigation Strategies: How to Sue and Be Sued
Richard Boone Jr. (Partner-New York, NY), Jonathan Meer (Partner-New York, NY)
and Katherine Tammaro (Partner-Madison, NJ) will present “Insurance Coverage
Litigation Strategies: How to Sue and Be Sued,” a Wilson Elser Insurance
Coverage Master Class, on May 30, 2024. The presenters will address effective
and efficient litigation strategies including how, when and where to file;
removal; offensive motions to dismiss; discovery for motion practice; and when
trial might be a realistic possibility in coverage litigation. Discussions will
be in the context of what’s hot and what’s not in current litigation trends.
Read more
News
Boone Quoted in Law360 Insurance Authority Article Exploring Valid Claim
Requirements
Richard Boone (Partner-New York, NY) is quoted in the article "5th Circ. May
Ponder If Threats Are Claims In Healthcare Suit," published in the April 25,
2024, issue of Law360 Insurance Authority. The article explores the issues up
for imminent review by the U.S. Court of Appeals for the Fifth Circuit regarding
the Louisiana federal court decision in an insurance coverage dispute. A
healthcare company was denied coverage by its insurer for a settlement payment
it made to avoid litigation and seeks a determination as to whether the federal
court was correct in granting summary judgment for the insurer, finding that the
company never made a valid claim under its managed care and omissions insurance
policy. The dispute focuses on what constitutes a claim, including whether a
letter threatening litigation against another party constitutes a claim. In this
case, the agency the healthcare company contracted with was threatened with a
lawsuit; the healthcare company forwarded the threat information to its insurer.
Rich weighs in regarding the healthcare company's asking the 5th Circuit to
determine whether its submissions to the insurer constituted related claims in
this case. He notes that a closer look is unlikely warranted, pointing out,
"There was never a claim made against the healthcare company in the first place,
so there is no reason to look and see if it was related to anything else." Rich
adds, "I would be surprised if the Fifth Circuit would disturb the lower court's
decision here since there is no clear legal error."  
Read more
Events
Blockchain & AI: Emerging Risks from Emerging Technologies
John Cahill (Associate-White Plains, NY) will present a Wilson Elser Forum
webinar, “Blockchain & AI: Emerging Risks from Emerging Technologies,” on June
6, 2024. The educational objective of this continuing education session is to
provide claims professionals with a comprehensive understanding of emerging
technologies, specifically focusing on blockchain and artificial intelligence
(AI), and their profound implications within the insurance industry.
Participants will be equipped to define blockchain technology and artificial
intelligence, grasp their key characteristics and discern their diverse
applications across various sectors. John also will provide insights into the
intricate legal landscape surrounding blockchain and artificial intelligence,
including considerations of securities law, intellectual property rights and
ongoing regulatory developments. Participants will be equipped to evaluate the
significant insurance implications posed by blockchain, encompassing affected
coverage areas, challenges in insurability and the impact of cryptocurrency
market volatility on insurance coverage.
Read more
Publications
Risk & Insurance Publishes Sheehan and Sternberg on AI in Health Care
Noelle Sheehan (Partner-Orlando, FL) and Dov Sternberg (Partner-New York, NY)
coauthored “Why Harnessing AI’s Potential in Health Care Is a Double-Edged
Sword,” which appeared in the May 4, 2024, posting of Risk & Insurance,
affiliated with The Institutes. Today, more than one third of U.S. hospitals and
imaging centers report using AI in patient care, and it is now used in many
specialties, including radiology, psychiatry, primary care and disease
diagnosis. Noelle and Dov discuss the advantages and risks to medical
professionals of adopting this advanced technology. “Although employing AI has
changed and continues to change health care,” the authors caution, “providers
would be well advised to weigh its pros and cons.” Noelle and Dov extend their
appreciation to law clerk Emma Van Sertima for her valuable research assistance.
Read more
Client Wins
Belanger and Russell Receive Defense Verdict, Court Discourages Further Appeals
Emily Belanger (Associate-Baltimore, MD) and Angela Russell (Partner-Baltimore,
MD) received a defense verdict following a recent bench trial in the Circuit
Court for Montgomery County. This case has been pending for four years and was
appealed to the Appellate Court after the lower court granted Emily and Angela’s
motion for summary judgment. The Appellate Court reversed in part and remanded
the case for trial. The plaintiff claimed breach of contract and sought the
market value of his personal property ($100,000+) and attorney’s fees following
the sale of said property after plaintiff’s default on rental payments to our
client storage facility. The court focused its analysis on waiver and estoppel
based on COVID-19 publications that our client issued from their corporate
offices noting leniency on payments and delays in auctions because of the
pandemic. The court concluded that the plaintiff did not rely on said COVID-19
publications to establish estoppel, and as to waiver, that the plaintiff failed
to carry his burden of proof. The court went on to caution the plaintiff that if
he intended to appeal again, any damages would be limited to $5,000, pursuant to
the contract, and attorney’s fees would not be recoverable. 
Read more
Events
ClaimsXchange Trial Academy: Where Excellence Meets Defense Advocacy
Stu Miller (Partner-New York/White Plains, NY | West Palm Beach/Orlando, FL)
will present at the 2024 ClaimsXchange Trial Academy to be held July 16–18,
2024, in Chicago, Illinois. A team comprising some of the nation's finest
defense lawyers will guide attendees on a transformative journey through the art
of trial advocacy. The three intensive days cover Pre-Trial Strategies all the
way through Summation and Closing Arguments.
Read more
News
2024 Annual National Trial Advocacy Training (NTAT) Series Continues
Wilson Elser’s 2024 NTAT series continued on April 25, 2024, featuring the
firm’s National Trial Team cochairs, Eugene Boulé and Mathew Ross co-leading the
presentation “Trial Preparation: The Fundamentals” before a full audience of
firmwide attorneys.   One of the firm’s premier training programs, this annual
in-house training series and the corresponding Mock Trial Invitational are
taught by some of our most experienced and accomplished litigators. NTAT covers
the latest trends in trial and courtroom strategy and technology and prepares
attorneys with the skills to be agile litigators positioned to handle any aspect
of trial work. Here’s what the attendees had to say about “Trial Preparation:
The Fundamentals”: “It was an outstanding program with two of our very best
trial lawyers. I strongly recommend that we have more similar trial
training/CLEs. Thank you.” “It will change how to initially prepare the case,
and the steps to take prior to trial.” “Great program and very useful.”
Read more
Publications
Employment & Labor Practice Issues White Paper on FTC’s Rule Banning Noncompete
Agreements
Wilson Elser partner Diana Estrada, experienced in litigating matters arising
under all aspects of federal and state employment laws, takes a deep dive into
the recently passed Federal Trade Commission (FTC) Noncompete Clause Rule.
Author of the Employment & Labor Practice’s newly issued white paper FTC Ban on
Post-Employment Noncompete Agreements: How did we get here and what happens
next? Diana launches an in-depth examination of the new rule, including
exceptions and alternatives to noncompete agreements. Importantly, she notes
that although the new rule may not withstand legal scrutiny, states are becoming
more and more hostile toward noncompete provisions and are legislating to limit
them while the National Labor Relations Board continues to scrutinize their use.
The white paper accordingly includes a caveat for employers to work closely with
counsel to consider how they will navigate new laws that may render their
current noncompete agreements null and void. This process should include a
thorough review of current agreements and policies to determine whether the
terms are still enforceable and how such agreements or policies may be revised
or replaced with alternative forms of protection, including specifically
tailored confidentiality agreements.   
Read more
Client Wins
Grady, Funchion and Lacy Obtain Defense Verdict in Contentious Medical
Malpractice Case
White Plains, New York, partners Michael Grady and Patricia Lacy and of counsel
Siobhainin Funchion obtained a unanimous defense verdict for the firm’s
neurologist and medical group clients in a contentious 2 ½-week trial in the
Supreme Court of Westchester County. Plaintiff alleged that our client
neurologist failed to timely diagnose and treat a subdural hematoma in
42-year-old plaintiff who had fallen and hit his head 19 days earlier while
rollerblading without a helmet. Plaintiff further alleged that our client
neurologist failed to advise the patient to stop taking Advil/ibuprofen, which
resulted in worsening of the subdural hematoma. Finally, plaintiff alleged that
our client failed to order STAT imaging when the patient returned three weeks
later with complaints that his headaches had worsened the week prior, with
continued dizziness and a new complaint of difficulty gaging the floor. Our
client ordered an MRI of the brain, but not STAT, which revealed a large
subdural hematoma with herniation appreciated, which required a craniotomy the
following day. Plaintiff alleged that the delay in diagnosis resulted in
significant brain damage, including memory loss and behavioral changes. Mike and
Siobhan argued that the client’s diagnosis of post-concussion syndrome was
appropriate given the mild nature of the initial complaints, normal physical and
neurological exams, and plaintiff’s delay in seeking medical care. They further
contended that not every head injury requires imaging. As to the second
appointment, Mike and Siobhan argued that STAT imaging was not warranted as
physical and neurological examinations remained within normal limits. They
argued that the brain injury at issue was from the concussion, not the hematoma,
and through their expert neurosurgeon established that regardless of when the
hematoma was diagnosed it would not have changed the ultimate outcome. Notably,
plaintiff sustained a second fall four years after the initial fall during the
course of litigation, resulting in a subarachnoid hemorrhage and subdural
hematomas causing permanent brain damage rendering plaintiff unable to work and
requiring 24-hour care. Due to procedural defects in plaintiff’s attempt to
vacate the Note of Issue two years prior to trial, Siobhan successfully argued
to preclude any departures or causation issues related to the second fall and
sequalae on the verdict sheet and jury charge. The case involved five experts in
the fields of radiology, neurosurgery and neurology and three departure
questions on the verdict sheet. The plaintiff’s attorney asked the jury to award
$4 million. The jury found unanimously for our clients on all three departure
questions.
Read more
Publications
Employment Tip of the Month – May 2024
Q: Can the Pregnant Workers Fairness Act be invoked when a request for
accommodation is made by an employee who is not pregnant? A: Maybe. According to
the new Equal Employment Opportunity Commission (EEOC) guidelines and depending
on the particular circumstances, employees who are not pregnant may have rights
under the Pregnant Workers Fairness Act (PWFA). While these EEOC guidelines are
already being challenged in court, it is important to know what the EEOC deems
to constitute statutory compliance and what conduct it might deem violative of
its guidelines and the PWFA. The PWFA mandates that covered employers offer
“reasonable accommodations” to qualified employees or applicants with known
limitations due to pregnancy, childbirth or related medical conditions, unless
such accommodations pose an undue hardship to the employer. The PWFA supplements
existing laws that prohibit discrimination based on pregnancy or
pregnancy-related conditions, such as Title VII, the ADA, and state and local
laws and regulations.  The PWFA prohibits employers from:  Failing to provide
reasonable accommodations Requiring an employee or applicant to accept an
accommodation Denying equal employment opportunities Requiring the employee to
take leave when other accommodations are available Taking adverse action against
a worker for seeking or using a reasonable accommodation.  Some examples of
possible reasonable accommodations under the PWFA include additional, longer or
more flexible breaks; changing food or drink policies; and telework, light duty
or leave. The PWFA went into effect on June 27, 2023. On April 19, 2024, the
EEOC issued its final interpretive guidance for the PWFA, which clarified that
the law’s definition of “pregnancy, childbirth or related medical conditions” is
very broad. Specifically, the EEOC stated that employees experiencing medical
conditions such as infertility, menstruation, anemia, sciatica, changes in
hormone levels, endometriosis, fertility treatments, miscarriages or abortions
are covered by the law. This list of conditions is not exhaustive. For example,
the EEOC would deem an employee who is not pregnant but requests leave to attend
a medical appointment related to removal of a contraceptive device is likely
covered by the law. Similarly, the EEOC would deem an employee who is not
pregnant but who requests to work from home due to cramping or negative side
effects from IVF also is likely covered by the law. Employers should be aware
that requests for accommodations arguably related to pregnancy or potential
pregnancy could implicate the PWFA. Employers who have questions regarding this
rapidly evolving area of statutory and administrative law should seek legal
guidance. Remember, if you have 15 or more employees, you are covered by the
PWFA and should seek guidance to ensure that you understand your obligations and
rights under this and other statutes that regulate your workplace policies.  
Read more
Events
Insurance Coverage Litigation Strategies: How to Sue and Be Sued
Richard Boone Jr. (Partner-New York, NY), Jonathan Meer (Partner-New York, NY)
and Katherine Tammaro (Partner-Madison, NJ) will present “Insurance Coverage
Litigation Strategies: How to Sue and Be Sued,” a Wilson Elser Insurance
Coverage Master Class, on May 30, 2024. The presenters will address effective
and efficient litigation strategies including how, when and where to file;
removal; offensive motions to dismiss; discovery for motion practice; and when
trial might be a realistic possibility in coverage litigation. Discussions will
be in the context of what’s hot and what’s not in current litigation trends.
Read more
News
Boone Quoted in Law360 Insurance Authority Article Exploring Valid Claim
Requirements
Richard Boone (Partner-New York, NY) is quoted in the article "5th Circ. May
Ponder If Threats Are Claims In Healthcare Suit," published in the April 25,
2024, issue of Law360 Insurance Authority. The article explores the issues up
for imminent review by the U.S. Court of Appeals for the Fifth Circuit regarding
the Louisiana federal court decision in an insurance coverage dispute. A
healthcare company was denied coverage by its insurer for a settlement payment
it made to avoid litigation and seeks a determination as to whether the federal
court was correct in granting summary judgment for the insurer, finding that the
company never made a valid claim under its managed care and omissions insurance
policy. The dispute focuses on what constitutes a claim, including whether a
letter threatening litigation against another party constitutes a claim. In this
case, the agency the healthcare company contracted with was threatened with a
lawsuit; the healthcare company forwarded the threat information to its insurer.
Rich weighs in regarding the healthcare company's asking the 5th Circuit to
determine whether its submissions to the insurer constituted related claims in
this case. He notes that a closer look is unlikely warranted, pointing out,
"There was never a claim made against the healthcare company in the first place,
so there is no reason to look and see if it was related to anything else." Rich
adds, "I would be surprised if the Fifth Circuit would disturb the lower court's
decision here since there is no clear legal error."  
Read more
Events
Blockchain & AI: Emerging Risks from Emerging Technologies
John Cahill (Associate-White Plains, NY) will present a Wilson Elser Forum
webinar, “Blockchain & AI: Emerging Risks from Emerging Technologies,” on June
6, 2024. The educational objective of this continuing education session is to
provide claims professionals with a comprehensive understanding of emerging
technologies, specifically focusing on blockchain and artificial intelligence
(AI), and their profound implications within the insurance industry.
Participants will be equipped to define blockchain technology and artificial
intelligence, grasp their key characteristics and discern their diverse
applications across various sectors. John also will provide insights into the
intricate legal landscape surrounding blockchain and artificial intelligence,
including considerations of securities law, intellectual property rights and
ongoing regulatory developments. Participants will be equipped to evaluate the
significant insurance implications posed by blockchain, encompassing affected
coverage areas, challenges in insurability and the impact of cryptocurrency
market volatility on insurance coverage.
Read more
Publications
Risk & Insurance Publishes Sheehan and Sternberg on AI in Health Care
Noelle Sheehan (Partner-Orlando, FL) and Dov Sternberg (Partner-New York, NY)
coauthored “Why Harnessing AI’s Potential in Health Care Is a Double-Edged
Sword,” which appeared in the May 4, 2024, posting of Risk & Insurance,
affiliated with The Institutes. Today, more than one third of U.S. hospitals and
imaging centers report using AI in patient care, and it is now used in many
specialties, including radiology, psychiatry, primary care and disease
diagnosis. Noelle and Dov discuss the advantages and risks to medical
professionals of adopting this advanced technology. “Although employing AI has
changed and continues to change health care,” the authors caution, “providers
would be well advised to weigh its pros and cons.” Noelle and Dov extend their
appreciation to law clerk Emma Van Sertima for her valuable research assistance.
Read more
Client Wins
Belanger and Russell Receive Defense Verdict, Court Discourages Further Appeals
Emily Belanger (Associate-Baltimore, MD) and Angela Russell (Partner-Baltimore,
MD) received a defense verdict following a recent bench trial in the Circuit
Court for Montgomery County. This case has been pending for four years and was
appealed to the Appellate Court after the lower court granted Emily and Angela’s
motion for summary judgment. The Appellate Court reversed in part and remanded
the case for trial. The plaintiff claimed breach of contract and sought the
market value of his personal property ($100,000+) and attorney’s fees following
the sale of said property after plaintiff’s default on rental payments to our
client storage facility. The court focused its analysis on waiver and estoppel
based on COVID-19 publications that our client issued from their corporate
offices noting leniency on payments and delays in auctions because of the
pandemic. The court concluded that the plaintiff did not rely on said COVID-19
publications to establish estoppel, and as to waiver, that the plaintiff failed
to carry his burden of proof. The court went on to caution the plaintiff that if
he intended to appeal again, any damages would be limited to $5,000, pursuant to
the contract, and attorney’s fees would not be recoverable. 
Read more
Events
ClaimsXchange Trial Academy: Where Excellence Meets Defense Advocacy
Stu Miller (Partner-New York/White Plains, NY | West Palm Beach/Orlando, FL)
will present at the 2024 ClaimsXchange Trial Academy to be held July 16–18,
2024, in Chicago, Illinois. A team comprising some of the nation's finest
defense lawyers will guide attendees on a transformative journey through the art
of trial advocacy. The three intensive days cover Pre-Trial Strategies all the
way through Summation and Closing Arguments.
Read more
News
2024 Annual National Trial Advocacy Training (NTAT) Series Continues
Wilson Elser’s 2024 NTAT series continued on April 25, 2024, featuring the
firm’s National Trial Team cochairs, Eugene Boulé and Mathew Ross co-leading the
presentation “Trial Preparation: The Fundamentals” before a full audience of
firmwide attorneys.   One of the firm’s premier training programs, this annual
in-house training series and the corresponding Mock Trial Invitational are
taught by some of our most experienced and accomplished litigators. NTAT covers
the latest trends in trial and courtroom strategy and technology and prepares
attorneys with the skills to be agile litigators positioned to handle any aspect
of trial work. Here’s what the attendees had to say about “Trial Preparation:
The Fundamentals”: “It was an outstanding program with two of our very best
trial lawyers. I strongly recommend that we have more similar trial
training/CLEs. Thank you.” “It will change how to initially prepare the case,
and the steps to take prior to trial.” “Great program and very useful.”
Read more
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