Wilson Elser

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

Using a Special Needs Trust in the Settlement of a Product Liability Lawsuit

Product liability cases frequently involve severe and even catastrophic injuries. As a result, product liability defense counsel and insurance adjusters must be familiar with the prospects for use of a special needs trust as a…more
| Products Liability, Wills, Trusts, & Estate Planning

The Proof Is in the Password!

Consider this scenario: A young couple entrusts you, an experienced real estate attorney, to assist them in the purchase of their first home. Days before closing, your unsecured email account gets hacked and your client receives…more
| Criminal Law, Privacy, Professional Malpractice, Science, Computers, & Technology

Colorado Supreme Court: Insurers Need Not Show Prejudice to Enforce No-Voluntary-Payments Provision of Insurance Policy

On April 25, 2016, the Colorado Supreme Court overturned a decision by the Colorado Court of Appeals and Colorado District Court in what is believed to be a seminal victory for insurers. In Travelers Prop. Cas. Co. of Am. v…more
| Business Torts, Civil Procedure, Commercial Law & Contracts, Construction Law, Insurance

New Regulations on the Horizon for Commercial Drones

Currently, the use of drones or unmanned aircraft systems (UAS) for commercial purposes in general is not permitted in the United States, although there is one exception. The Federal Aviation Administration (FAA) allows…more
| Consumer Protection, Elections & Politics, Products Liability, Science, Computers, & Technology, Transportation

The California Edition of the Employment & Labor Newsletter

Take a Seat! California Supreme Court Provides Clarity on California’s Suitable Seating Laws - A recent ruling by the California Supreme Court on suitable workplace seating arrangements will affect a vast number of…more
| Civil Procedure, Civil Rights, Commercial Law & Contracts, Labor & Employment Law

Fourth Circuit Expands Cyber Coverage under Commercial General Liability Policies

The United States Court of Appeals for the Fourth Circuit recently affirmed a decision by the United States District Court for the Eastern District of Virginia, Alexandria Division (District Court), finding that Travelers…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Privacy, Science, Computers, & Technology

DHS Extends STEM Optional Practical Training to 24 Months

Foreign nationals who wish to pursue an advanced degree in the United States obtain an F-1 student visa to do so. After F-1 students obtain their degrees, they may be authorized to participate in post-completion optional…more
| Education, Immigration Law, Labor & Employment Law

Announcement of "Privacy Shield" Gives Hope for U.S. Companies that Previously Relied on Safe Harbor

On October 27, 2015, Wilson Elser released a client alert that discussed the EU Court of Justice’s invalidation of the long-standing Safe Harbor program, previously relied on by many organizations as a means of authorizing…more
| Commercial Law & Contracts, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

Open Communication and Collaboration Make Campus Networks Vulnerable to Cyberattack

Institutions of higher education face growing threats from cyber attackers. Instances of attacks on universities are increasing, with recent large-scale attacks at some of the country's top universities. Approximately one third…more
| Education, Privacy, Science, Computers, & Technology
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150 East 42nd Street
New York, NY 10017, United States

  • 212.490.3000
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Areas of Practice
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Number of Attorneys

400+ Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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