Wilson Elser

NLRB Issues Controversial Decision Changing the Standard for Joint Employer Status

On August 27, 2015, in a 3–2 decision, the National Labor Relations Board (the Board) determined that Browning-Ferris Industries of California was a joint employer of workers hired by a contractor to staff one of…more
| Labor & Employment Law

Employers Who Permit After-Hours Work Should Exercise Caution in Light of an Anticipated Increase in Nonexempt Workers

A proposed rule from the U.S. Department of Labor in support of President Obama's March 2014 directive regarding overtime pay is open for comments through September 4, 2015. If enacted, the new rule would effect changes that…more
| Labor & Employment Law

California Supreme Court Upholds Limited Right of Carrier to Seek Recovery of Unreasonable Fees Directly from Insured’s Independent Counsel

On August 10, 2015, in Hartford Casualty Insurance Company v. J.R. Marketing, LLC, et al., the California Supreme Court held that in some circumstances insurers may seek reimbursement of payments made to the insured's…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance

Eleventh Circuit Addresses Statutory Penalty Claims under ERISA

The ERISA statute authorizes a court to award a penalty of up to $110 per day based on the failure of an Administrator to respond to a participant’s or a beneficiary’s request for plan documents. The term “Administrator” is…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Labor & Employment Law

Demotion Cases Beyond the Scope of the Ledbetter Act

The U.S. Court of Appeals for the Second Circuit has further clarified the scope and applicability of the Lilly Ledbetter Fair Play Act, making it clear that the Act cannot “save” a worker’s untimely suit where the worker failed…more
| Civil Rights, Labor & Employment Law

Effort to Establish Private Cause of Action in New York Against Insurers for Unfair Settlement Practices Fails to Pass State Legislature in 2015

The New York State Legislature actively considered a bill during the recently completed legislative session that would have amended the New York State Insurance Law regarding unfair claims settlement practices in a way that may…more
| Consumer Protection, Elections & Politics, Insurance

“Force of Nature” or Human Error? Litigating the Act of God Defense

The cause of the plaintiff’s damages is typically the first and most critical question posed to a jury in a product liability trial. If a jury determines that a substantial factor in the cause of the plaintiff’s damages was a…more
| Civil Procedure, Personal Injury, Products Liability

FRE 502(d) – An Underutilized “Safety Net” in Document Intensive Litigation

The inadvertent disclosure of privileged material may haunt a company for years, particularly in today’s era of pattern litigation and increased collaboration within the plaintiffs’ bar. Fortunately, in matters pending in…more
| Civil Procedure, Electronic Discovery, Privacy

Tenth Circuit: Legal Characterization of Facts in Underlying Complaint Insufficient to Trigger the Duty to Defend

On July 30, 2015, the Tenth Circuit affirmed that an insurer that issued a commercial general liability policy with an auto exclusion for bodily injury arising out of the loading and unloading of an auto did not have a duty to…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Personal Injury

Natural Contaminants Exceed Human-Made Contaminants in California’s Groundwater

Defendants in groundwater contamination cases in California have additional evidence to direct blame where it should be placed – on naturally occurring contaminants. An extensive study by the U.S. Geological Survey (USGS) has…more
| Energy & Utilities, Toxic Torts

Nevada, Washington and North Dakota Expand Data Breach Definition and Notice Requirements

Continuing the trend of states expanding their data privacy laws, companies that store and transmit personal information about residents of Nevada, Washington and North Dakota must now take note of additional data-element…more
| Commercial Law & Contracts, Consumer Protection, Privacy, Science, Computers, & Technology

The Internet of Things and the Inevitable Collision with Products Liability PART 3: Initial Contact

This is the third in a series of blogs examining the rapid development of the Internet of Things (IoT) and its consequential impact on product liability risk. The development of the IoT has been so rapid and the applications so…more
| Commercial Law & Contracts, Privacy, Products Liability, Science, Computers, & Technology

U.S. Supreme Court Holds Defendant’s Belief a Patent Was Invalid Is Not a Defense to an Induced Infringement Claim

Addressing a syllogistic, perhaps paradoxical difference between belief of non-infringement and belief of invalidity, on May 26, 2015, the U.S. Supreme Court in Commil USA, LLC v. Cisco Systems, Inc. held that an accused…more
| Civil Procedure, Intellectual Property

Jeep Hack Drives Cyber, Crisis, Liability and Supply Chain Coverage Issues

A recall notice to fix critical control software on 1.4 million vehicles should raise concerns for companies, brokers and insurers across several business lines. The vulnerability of vital control systems to a remote hacking…more
| Personal Injury, Privacy, Insurance, Products Liability, Transportation

Modernizing and Coordinating the Regulatory System of Biotechnology Products

On July 2, 2015, the U.S. Office of Science and Technology Policy (OSTP) of the Office of the President issued a memorandum to initiate a process to coordinate, update and modernize the federal regulatory system governing…more
| Administrative Law, Agriculture, Environmental Law, Science, Computers, & Technology
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150 East 42nd Street
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400+ Attorneys

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