Wilson Elser

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

The California Edition of the Employment & Labor Newsletter

Employers Should Ensure Their Policies Comply with the Recent Amendments to the California Fair Employment and Housing Act - An overview of the Amendments to the California Fair Employment and Housing Act, including written…more
| Alternative Dispute Resolution (ADR), Labor & Employment Law

California Appeals Court Rules Industry Custom & Practice May Be Admissible in Strict Products Liability Cases

In most product liability lawsuits, the plaintiff will sue under theories of negligence and strict liability. In such cases, the plaintiff may allege that the product’s manufacturer was negligent or that the product was…more
| Civil Remedies, Products Liability, Transportation

EEOC Issues New Guidance on Employee Wellness Programs

Employee wellness programs are becoming increasingly popular in the workplace as a way to boost employee morale and increase productivity. If not carefully crafted, however, employee wellness programs can run afoul of Title I of…more
| Business Organizations, Civil Rights, Labor & Employment Law, Taxation

New York Reaffirms General Acceptance Standard in Frye for Scientific and Technical Issues

In a recent opinion handed down by New York’s highest state court – the Court of Appeals –Sean R. v. BMW of N. Am., LLC, 2016 N.Y. Slip. Op. 01000 (Feb. 2016) reaffirmed New York’s continued adherence to Frye’s “general…more
| Civil Procedure, Personal Injury, Products Liability, Toxic Torts

Certain Provisions of California Resale Royalty Act Are Preempted by the Copyright Act

On April 11, 2016, in Estate of Robert Graham, et al. v. Sotheby’s, Inc., D.C. No. 2:11-cv-08604-MWF-FFM (C.D. Cal. 2016), U.S. District Court Judge Michael Fitzgerald concluded that certain provisions of the California Resale…more
| Civil Procedure, Conflict of Laws, Constitutional Law, Intellectual Property

New York City to Impose Minimum Five-Cent Fee to Curb the Use of Plastic and Paper Bags

On May 5, 2016, the New York City Council passed the “Plastic Bag Bill” (Int. 209-A), which will impose a minimum fee of five cents for plastic and paper bags at retail, convenience and grocery stores - with some exceptions. The…more
| Environmental Law, Zoning, Planning & Land Use

Department of Labor Issues Revised Overtime Rule Increasing Minimum Compensation Levels for Exempt Employees

On May 18, 2016, President Obama and Labor Secretary Perez announced the long-awaited publication of the Department of Labor’s Final Rule regarding the overtime provisions of the Fair Labor Standards Act. These sweeping changes…more
| Labor & Employment Law

New Jersey Expands Fee-Shifting in Legal Malpractice Actions to Include Non-clients

On April 26, 2016, a sharply divided New Jersey Supreme Court held that attorneys may be liable for counsel fees if they are found to have intentionally breached their fiduciary duty to non-clients. In the matter of Innes v…more
| Civil Procedure, Professional Malpractice

Congress Creates Federal Private Right of Action for Misappropriation of Trade Secrets

Parties will now be able to bring a lawsuit in federal court to protect their trade secrets under the Defend Trade Secrets Act (DTSA), which was passed by Congress on April 27, 2016, and signed into law on May 11, 2016. By…more
| Civil Procedure, Civil Remedies, Elections & Politics, Intellectual Property, Labor & Employment Law
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