Wilson Elser

Illinois Supreme Court Holds Information Provided to a CPA Is Privileged Information Held by the Accountant Alone

In examining the issue of the accountant-client privilege for the first time, the Supreme Court of Illinois recently ruled that the privilege belongs to the accountant, not the client. In Brunton v. Kruger, 2015 IL 117663 (Ill…more
| Civil Procedure, Finance & Banking, Wills, Trusts, & Estate Planning

Don’t “Dabble” in Employee Benefit Plan Auditing

For years, U.S. Department of Labor Chief Accountant Ian Dingwall has been advising employee benefit plan administrators to avoid using auditors who “dabble” in employee benefit plans. During this period, the DOL has…more
| Labor & Employment Law, Finance & Banking

Plaintiff Investors Must Establish That Opinions in SEC Registration Statements Were Known to Be False at the Time They Were Issued

On March 24, 2015, in Omnicare, Inc. v. Laborers’ District Council Construction Industry Pension Fund, the U.S. Supreme Court, in a unanimous decision, tendered a limited victory to defendants in securities law cases. In the…more
| Business Torts, Civil Procedure, Commercial Law & Contracts, Finance & Banking, Securities Law

Good News for Companies: Pennsylvania District Court Rules That Plaintiffs Lack Standing without Actual or Imminent Misuse of Data

“There are only two types of companies left in the United States … those that have been hacked and those that don’t know they’ve been hacked.” That is how U.S. District Judge John E. Jones III of the Middle District of…more
| Civil Procedure, Constitutional Law, Labor & Employment Law, Privacy, Science, Computers, & Technology

Disgorgement of Profits Not Available for Arbitrary and Capricious Benefits Denial – This Time

Wrongful denial of employee benefits will not expose plan fiduciaries to equitable remedies – such as disgorgement of profits – where restoration of benefits is adequate to make the claimant whole, says the Sixth Circuit in…more
| Civil Procedure, Civil Remedies, Labor & Employment Law, Business Torts, Insurance

Federal Government Issues Long-awaited Final Rules Governing Fracking on Federal Land and Indian Land

On March 20, 2015, the Department of the Interior’s (DOI’s) Bureau of Land Management (BLM) issued its long-awaited “final” rules governing hydraulic fracturing operations on federal lands and land owned by Indian tribes. The…more
| Energy & Utilities, Zoning, Planning & Land Use, Indigenous Peoples

Texas High Court Confirms Exclusivity of Texas Workers’ Compensation Claim Remedy, Even for Alleged “Independent Injuries”

In a highly anticipated decision, the Texas Supreme Court emphasized its commitment to the exclusive jurisdiction of the Texas Division of Workers’ Compensation Act (Act) to deal with and respond to claims arising out of the…more
| Administrative Law, Civil Procedure, Personal Injury, Worker’s Compensation, Business Torts

Michael Jordan Denied Summary Judgment on His Right of Publicity Claim against Illinois Grocer

In 2009, Michael Jordan was inducted into the Basketball Hall of Fame. To commemorate Jordan’s career, Time Inc. published a special Sports Illustrated Presents issue that included congratulatory “advertisements” from several…more
| Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Constitutional Law, Personal Injury

Pennsylvania Superior Court Reverses $14.5 Million Asbestos Verdict Based on Improper Admission of Expert Testimony

An en banc session of the Pennsylvania Superior Court vacated a $14.5 million asbestos verdict in a mesothelioma case and remanded the case to the Court of Common Pleas of Philadelphia for a new trial, affirming the decision of…more
| Civil Procedure, Civil Remedies, Personal Injury

What’s Really in Your Supplements?

New York State Attorney General’s Investigation Has Sparked a Coalition of State Attorneys General Against Herbal Supplement Manufacturers: What does this mean for the industry as a whole in terms of product liability exposure?…more
| Products Liability

Concussion Litigation: The Next Frontier

By now everyone has heard about the widely reported concussion lawsuits – former professional players suing because they claim to suffer from a form of brain injury, chronic traumatic encephalopathy (CTE), linked to repetitive…more
| Art, Entertainment, & Sports Law, Personal Injury

FDA Approves Biosimilar Agent Zarxio: Dawn of a New Era in Pharmaceutical Therapy and Product Liability Law

The FDA's approval on March 6, 2015, of Sandoz's Zarxio (filgrastim-sndz) is a momentous occasion for pharmaceutical therapy and product liability law in the United States. Catching up with Europe (where Sandoz's identical…more
| Administrative Law, Health, Intellectual Property, Products Liability, Science, Computers, & Technology

California Jury Finds “Blurred Lines” Infringed “Got to Give It Up”: Society’s Mixed Signals on Copying and Intellectual Property Rights

On Tuesday, March 10, 2015, a California federal jury returned a verdict finding that Robin Thicke and Pharell Williams had copied Marvin Gaye’s 1977 song “Got to Give It Up” when writing Thicke’s 2013 hit, “Blurred Lines.” The…more
| Art, Entertainment, & Sports Law, Civil Remedies, Constitutional Law, Intellectual Property

Court's Interpretation of Merchant Services Agreement Limits Retailer's Liability to Card Brands for Data Breach

On January 15, 2015, the U.S. District Court for the Eastern District of Missouri ruled that fees, assessments and costs imposed by the credit card brands on Schnuck Markets, Inc. (Schnuck), a grocery chain estimated to have had…more
| Commercial Law & Contracts, Finance & Banking, Privacy, Science, Computers, & Technology

Drone Use “Takes Off” as Legal Consequences Remain Uncertain

Drones, also known as unmanned aircraft systems (UAS) or unmanned aerial vehicles (UAV), have received extensive media coverage over the past few years. Whether the discussions about drones are related to the unmanned aircraft…more
| Administrative Law, Commercial Law & Contracts, Privacy, Products Liability, Transportation
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150 East 42nd Street
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400+ Attorneys

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