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  • Article

    Supreme Court Supports Photographer In Recent Case Involving Warhol Foundation

    The Supreme Court finally issued a much-anticipated decision on a matter involving copyright issues surrounding the Andy Warhol Foundation's licensing of a portrait of Prince.
    United StatesIntellectual Property
    Wilson Elser Moskowitz Edelman & Dicker LLP
    Wilson Elser Moskowitz Edelman & Dicker LLP
  • Article

    Florida Supreme Court On Evidence Of Collateral Source Benefits

    It is not uncommon for a defendant in a product liability case at trial to be faced with an inflated and exaggerated claim for future medical expenses for the injured plaintiff.
    United StatesConsumer Protection
    Wilson Elser Moskowitz Edelman & Dicker LLP
    Wilson Elser Moskowitz Edelman & Dicker LLP
Article

Take A Seat! California Supreme Court Provides Clarity On California's Suitable Seating Laws

On April 5, 2016, the California Supreme Court issued its much-anticipated opinion addressing important issues surrounding California's suitable seating laws.
United StatesEmployment and HR
Wilson Elser Moskowitz Edelman & Dicker LLP
Wilson Elser Moskowitz Edelman & Dicker LLP
  • Article

    USDA Issues Legal Opinion Supporting Current Legality Of Hemp In Interstate Commerce

    On May 28, 2019, the U.S. Department of Agriculture Office of General Counsel issued a legal opinion that clarifies its position on several important hemp-related provisions
    United StatesFood, Drugs, Healthcare, Life Sciences
    Wilson Elser Moskowitz Edelman & Dicker LLP
    Wilson Elser Moskowitz Edelman & Dicker LLP
  • Article

    U.S. Supreme Court Weighs In On Nontaxable Costs Recoverable In Copyright Suits And Standing To Sue

    In March 2019 the U.S. Supreme Court issued decisions in two copyright cases, both of which concern narrow issues of statutory interpretation and are examples of matters that the Court
    United StatesIntellectual Property
    Wilson Elser Moskowitz Edelman & Dicker LLP
    Wilson Elser Moskowitz Edelman & Dicker LLP
  • Article

    Exoneration And Innocence ‒ Professional Liability In Criminal Defense

    On May 19, 2026, the Philadelphia Inquirer published an article titled Advocate to Adversary, detailing the results of an investigation by the Inquirer and ProPublica, which found that 250 convictions in violent felony cases had been reversed in the Philadelphia Court of Common Pleas between 2018 and 2026.
    United StatesLitigation, Mediation & Arbitration
    Wilson Elser Moskowitz Edelman & Dicker LLP
    Wilson Elser Moskowitz Edelman & Dicker LLP
  • Article

    Oregon Court Of Appeals Issues Three Different Defense Opinions

    The first was Griffith v. Property and Casualty Ins. Co. of Hartford, where a homeowner submitted a fire loss and alleged the insurer did not pay the benefits owed quickly enough.
    United StatesLitigation, Mediation & Arbitration
    Wilson Elser Moskowitz Edelman & Dicker LLP
    Wilson Elser Moskowitz Edelman & Dicker LLP
  • Article

    Illinois Legislature Passes Amendment To BIPA To Respond To Plaintiff-Friendly Decisions By Illinois Supreme Court

    On May 16, 2024, the Illinois Legislature approved legislation (SB 2979) that would significantly reduce the extent of liability private entities are likely to face under the Illinois Biometric Information Privacy Act (BIPA).
    United StatesPrivacy
    Wilson Elser Moskowitz Edelman & Dicker LLP
    Wilson Elser Moskowitz Edelman & Dicker LLP
  • Article

    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 definitions and notice requirements following data breach incidents.
    United StatesPrivacy
    Wilson Elser Moskowitz Edelman & Dicker LLP
    Wilson Elser Moskowitz Edelman & Dicker LLP
  • Article

    Northern District Of Illinois Holds No Coverage For Punitive Damages Awarded Because Of Insured's Conscious Indifference In A Negligent Failure To Warn Case

    Illinois maintains a strong public policy prohibiting liability insurance for certain types of punitive damage awards. On June 11, 2021, in Ironshore Specialty Insurance Co. v. Akorn, Inc., the U.S.
    United StatesInsurance
    Wilson Elser Moskowitz Edelman & Dicker LLP
    Wilson Elser Moskowitz Edelman & Dicker LLP
  • Article

    New Hampshire Court Holds Excess HNO Coverage Is Not Triggered By A Default Judgment Where The Underlying Limit Was Never Paid

    In the recent case of Callahan v. Fortegra Insurance Company,1 a New Hampshire Superior Court granted summary judgment to an excess insurer, holding that a policy requiring the underlying limit be "paid as damages by You or on Your behalf" is not satisfied by a claimant's offer to credit that limit against a default judgment.
    United StatesInsurance
    Wilson Elser Moskowitz Edelman & Dicker LLP
    Wilson Elser Moskowitz Edelman & Dicker LLP
  • Article

    Weapons in the Cyber Defense Arsenal

    In May 2017, the world experienced an unprecedented global cyberattack that targeted the public and private sectors, including an auto factory in France, dozens of hospitals and health care facilities in the United Kingdom, gas stations in China and banks in Russia.
    United StatesPrivacy
    Wilson Elser Moskowitz Edelman & Dicker LLP
    Wilson Elser Moskowitz Edelman & Dicker LLP
  • Article

    NJ Supreme Court Signals Potential Sea Change On Scope Of Damages In Auto Accident Cases

    New Jersey's "No-Fault" automobile insurance scheme has been the subject of repeated reforms over the past 40 years. On March 26, 2019, the New Jersey Supreme Court
    JerseyTransport
    Wilson Elser Moskowitz Edelman & Dicker LLP
    Wilson Elser Moskowitz Edelman & Dicker LLP
  • Article

    Property Insurance Coverage Pitfalls For Cannabis Businesses And Landlords

    Nearly all Americans now live in a state where some form of cannabis is legal. Given that the cannabis industry is now valued in billions of dollars and has created hundreds of thousands of jobs across 39 of the 50 states...
    United StatesCannabis & Hemp
    Wilson Elser Moskowitz Edelman & Dicker LLP
    Wilson Elser Moskowitz Edelman & Dicker LLP
  • Article

    Colorado Supreme Court's Ruling In Fear v. GEICO – What's Next In Colorado When Evaluating Undisputed Amounts Owed

    The Colorado Supreme Court recently issued its opinion in Fear v. GEICO Casualty Company, 2024 CO 77. The Court certified two questions...
    United StatesInsurance
    Wilson Elser Moskowitz Edelman & Dicker LLP
    Wilson Elser Moskowitz Edelman & Dicker LLP
  • Article

    New Missouri Supreme Court Case Outlines Mechanism For Insurers To Intervene And Seek A Stay Of Underlying Tort Actions While Simultaneously Seeking A Declaration Of Coverage Rights

    Insurers operating in Missouri received an early Christmas present with the Missouri Supreme Court's December 2024 decision in McCrackin v. Mullen.
    United StatesInsurance
    Wilson Elser Moskowitz Edelman & Dicker LLP
    Wilson Elser Moskowitz Edelman & Dicker LLP
  • Article

    Florida Supreme Court Rejects Recreational Marijuana Constitutional Ballot Amendment Initiative

    On April 22, 2021, the Florida Supreme Court struck down a high-profile effort to legalize marijuana for recreational use in Florida.
    United StatesCannabis & Hemp
    Wilson Elser Moskowitz Edelman & Dicker LLP
    Wilson Elser Moskowitz Edelman & Dicker LLP
  • Article

    Small Business Administration Announces Access To Emergency Relief Loans

    The Small Business Administration (SBA) announced on March 31, 2020, that small businesses and sole proprietorships may apply for Paycheck Protection Program (PPP)
    United StatesCoronavirus (COVID-19)
    Wilson Elser Moskowitz Edelman & Dicker LLP
    Wilson Elser Moskowitz Edelman & Dicker LLP
  • Article

    As Electric Scooters Barrel Their Way Into The Sharing Economy, Manufacturers And Their Insurers Should Prepare For An Influx Of New Claims

    If you have spent any time in Los Angeles or New York City recently, you may have noticed adults riding two-wheeled electric scooters ...
    United StatesCorporate/Commercial Law
    Wilson Elser Moskowitz Edelman & Dicker LLP
    Wilson Elser Moskowitz Edelman & Dicker LLP
  • Article

    The Tariff-Related Bullseye On D&Os

    Directors and officers (D&Os) are leaders and often the public face of their respective organizations.
    United StatesCorporate/Commercial Law
    Wilson Elser Moskowitz Edelman & Dicker LLP
    Wilson Elser Moskowitz Edelman & Dicker LLP
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