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HTMLConcussion Litigation: The Next Frontier
Anthony B. Corleto, Jae Hong Lee; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 31, 2015, previously published on March 13, 2015
By now everyone has heard about the widely reported concussion lawsuits - former professional players suing because they claim to suffer from a form of brain injury, chronic traumatic encephalopathy (CTE), linked to repetitive head trauma. The condition has afflicted athletes across the spectrum of...

 

HTMLCourt's Interpretation of Merchant Services Agreement Limits Retailer's Liability to Card Brands for Data Breach
Gregory Bautista, Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 31, 2015, previously published on March 12, 2015
On January 15, 2015, the U.S. District Court for the Eastern District of Missouri ruled that fees, assessments and costs imposed by the credit card brands on Schnuck Markets, Inc. (Schnuck), a grocery chain estimated to have had 2.4 million customers' credit and debit card information compromised...

 

HTMLDisgorgement of Profits Not Available for Arbitrary and Capricious Benefits Denial - This Time
Robert P. Lesko; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 31, 2015, previously published on March 24, 2015
Wrongful denial of employee benefits will not expose plan fiduciaries to equitable remedies - such as disgorgement of profits - where restoration of benefits is adequate to make the claimant whole, says the Sixth Circuit in Rochow v. Life Ins. Co. of N. Am., No. 12-2074 (March 5, 2015). So the...

 

HTMLDrone Use “Takes Off” as Legal Consequences Remain Uncertain
Francis P. Manchisi, Danny Vogel; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 31, 2015, previously published on March 12, 2015
Drones, also known as unmanned aircraft systems (UAS) or unmanned aerial vehicles (UAV), have received extensive media coverage over the past few years. Whether the discussions about drones are related to the unmanned aircraft used in military operations or the small quadcopters used by individual...

 

HTMLIllinois Supreme Court Holds Information Provided to a CPA Is Privileged Information Held by the Accountant Alone
Lauren Moy Kim; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 30, 2015, previously published on March 27, 2015
In examining the issue of the accountant-client privilege for the first time, the Supreme Court of Illinois recently ruled that the privilege belongs to the accountant, not the client. In Brunton v. Kruger, 2015 IL 117663 (Ill. 2015), the Court examined section 27 of the Public Accounting Act,...

 

HTMLChicago Federal Court Bars Expert Testimony Espousing the “Any Exposure” Theory 
Karen E. Bettcher, Anthony M. Goldner; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 13, 2015, previously published on January 12, 2015
On December 22, 2014, in a pre-trial ruling, the U.S. District Court for the Northern District of Illinois, in Krik v. Crane Co., et al., No. 1:10-cv-07435 (N.D. Ill. December 22, 2014) barred perennial plaintiff’s expert Dr. Arthur Frank and other experts for the plaintiff from providing...

 

HTMLA Pre-answer Motion to Deposit Funds 
Robert P. Lesko; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 13, 2015, previously published on December 11, 2014
The federal interpleader statute, 28 U.S.C. § 1335 - Interpleader, on its face suggests that a disinterested stakeholder seeking interpleader relief must first deposit the funds with the Clerk of the Court for the district court to acquire jurisdiction over the proceeding and grant relief to...

 

HTMLCorporate Hacking and the Financial Services Industry
Carlos Enrique Provencio, Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 13, 2015, previously published on February 2, 2015
The question is not whether you are going to be hacked, but rather when and how often. That thinking is so pervasive in the cyber-security industry that industry participants now refer to “cyber-resilience” to better describe a realistic and effective cyber-defense plan. Nobody can have...

 

HTMLEvery Case Is an e-Discovery Case in Today’s Litigation Environment
Thomas W. Tobin; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 13, 2015, previously published on January 15, 2015
Lawyers routinely negotiate the scope of litigation discovery demands. One such lawyer was recently faced with a wildly broad discovery demand for relevant emails from the time a product was manufactured more than fifteen years ago to the present. The lawyer deftly negotiated the demand down to...

 

HTMLWisconsin Supreme Court: Pollution Exclusion Bars Coverage for Well Contamination Resulting from the Application of Manure and Septage as Fertilizer
William J. Katt, Carl J. Pernicone, Heather L. Utlaut; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 13, 2015, previously published on January 14, 2015
In Wilson Mutual Ins. Co. v. Robert Falk and Jane Falk, 2013AP691 & 2013AP776, and Preisler v. Kuettel’s Septic Serv., 2012AP2521, the Wisconsin Supreme Court sought to resolve conflicting court of appeals’ decisions on whether excrement (manure and septic waste, respectively) are...

 


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