Wilson Elser

New York Imposes Duty on Mortgage Lenders to Maintain “Zombie Properties” and Increases Lenders’ Exposure for Premises Liability Claims

On June 23, 2016, New York State enacted legislation imposing a duty on banks and mortgage companies to maintain one- to four-family residential properties abandoned by their owners before they have foreclosed on the properties…more
| Finance & Banking, Personal Injury, Real Estate - Residential

EU Article 31 Committee Approves EU-U.S. Privacy Shield Program – Client Alert – Wilson Elser

On April 5, 2016, Wilson Elser released a client alert that outlined the details of the EU-U.S. Privacy Shield program, the proposed replacement for the Safe Harbor arrangement for transfers of EU citizens’ private data to the…more
| Commercial Law & Contracts, Elections & Politics, International Law & Trade, Privacy, Science, Computers, & Technology

New Drone Operational Rules Finalized by the FAA

On June 21, 2016, the Federal Aviation Administration (FAA) finalized the first operational rules for routine commercial use of small unmanned aircraft systems (UAS), also known as drones. The new rules will take effect in late…more
| Commercial Law & Contracts, Privacy, Science, Computers, & Technology, Transportation

The Punishing Effect of Rule 11

Federal courts correct bad litigation behavior, eventually. People take being sued personally, and lawsuits can take an emotional toll on defendants, whether as an individual or as a representative of an employer. Anger and…more
| Civil Procedure, Civil Remedies, Professional Malpractice

Tire Pressure Monitoring Systems: When the Bubble Bursts

Since 2008, tire pressure monitoring systems (TPMSs) have been mandatory in passenger cars, which include SUVs. As early as 2006, however, 30 percent of new passenger cars were already equipped with TPMSs. A TPMS alerts the…more
| Products Liability, Transportation

Law Firm’s Suit against Partner over Domain Name Highlights Essential Control of Proper Registration

Partners in a business rarely title real property in the name of one individual partner. Businesses do not let employees title bank accounts for the business in their individual names. Yet, when it comes to domain names,…more
| Business Organizations, Business Torts, Communications & Media Law, Intellectual Property

Expert’s Failure to Test Theory No “Silver Bullet” for Defense

The United States Court of Appeals for the First Circuit recently held that an expert offering opinions on a proposed safer alternative design in a product liability matter does not need to perform any testing of the alternative…more
| Civil Procedure, Products Liability

Will the Ancient Document Exception to the Hearsay Rule become Ancient History?

The federal judiciary has proposed amending the Federal Rules of Evidence (FRE) by abrogating Rule 803(16) regarding the “ancient documents” exception to the hearsay rule (the Rule)…more
| Civil Procedure

Seventh Circuit Finds Class Action Waiver Unenforceable in Arbitration Agreements, Creates Split among Circuits

The Seventh Circuit Court of Appeals recently dealt a blow to employers when it held in Jacob Lewis v. Epic Systems Corporation that arbitration agreements that prohibit employees from seeking class, collective or representative…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Constitutional Law, Labor & Employment Law

What Attorneys Can Learn from History’s Largest Data Breach

On April 3, 2016, the public learned that millions of client documents from the Panamanian law firm and corporate services provider Mossack Fonseca & Co. (MF) had made their way to an international organization, the…more
| Criminal Law, Privacy, International Law & Trade, Professional Malpractice, Science, Computers, & Technology

Defending against Product Liability Down Under

In this second collaborative blog post with the Australia-based law firm DibbsBarker, we take a look at the litigation process for product liability claims in Australia and how in some ways it differs from the process in the…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Personal Injury, Products Liability

Federal Judges May Recall a Discharged Jury to Correct a Mistaken Verdict

In Dietz v. Bouldin, No. 15-458 (June 9, 2016), the U.S. Supreme Court addressed the question of whether a federal district court judge may recall a jury to correct a mistaken verdict after the jury has been discharged, or…more
| Civil Procedure, Civil Remedies

Negative Online Reviews: The Best Defense

A recent Washington Post article examined the issue of patient privacy complaints after medical providers responded to negative Yelp® reviews about medical care. The issue of how a professional can (or should) respond to…more
| Professional Malpractice

UL Issues First Safety Certification for Hoverboards

On May 10, 2016, Underwriter’s Laboratories (UL), the global safety science organization, announced that it issued the first safety certification to the UL 2272 safety requirements for electrical systems of self-balancing…more
| Consumer Protection, Products Liability

En Banc Federal Circuit Revisits Its Patent Exhaustion Cases

On February 12, 2016, the United States Court of Appeals for the Federal Circuit reaffirmed its precedent governing the patent exhaustion doctrine in an en banc opinion in Lexmark International Inc. v. Impression Products Inc. …more
| Civil Procedure, Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology
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New York, NY 10017, United States

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