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Put Up Your Dukes

Employers rely on bullies. Bullies push innovation, motivate co-workers and generate business. However, bullying in the workplace creates risks, and employers are facing new liabilities for failing to address bullying. Bullying is prevalent and comes from all directions. According to the Workplace Bullying Institute, an estimated 27% of Americans report experiencing abusive conduct at work, and 72% report being aware of workplace bullying. Similarly, a survey commissioned by CareerBuilder of full-time employed private sector employees indicated that 28% of employees reported having experienced or were currently experiencing bullying in the workplace.

WSHB Opens Texas Office

WSHB proudly announces its newest office in Dallas, Texas. Nationally acclaimed litigator Robert Hellner, a veteran partner of WSHB, leads the Dallas office. Senior Counsel Dana Withers and Justin England join Hellner. Hellner enjoys a national reputation for successfully defending complex commercial and employment matters. "Our core team of lawyers enjoys experience in handling a broad base of litigation and securing measurable results," said Hellner. "Whether you measure success in terms of metrics for life of file, legal spend, indemnity or verdicts, we meet or exceed using proven trial talent, nuance and crisp, contemporaneous communication."

  • Full service national law firm founded in 1997 with over 200 attorneys in 22 offices practicing in 14 states across the U.S.
  • Tried over 900 cases to verdict; internationally recognized for exceptionally high rate of success
  • Recognized as one of the top two law firms in the nation for inclusiveness of women lawyers in the National Law Journal’s 2017 Women’s Scorecard
  • Ranked #4 on The American Lawyer’s 2016 Diversity Scorecard
  • Top 10 ranking on Law360’s 2016 list of “The 100 Best Law Firms for Female Attorneys"  
  • Top 20 ranking on Law360's 2016 list of "The Best Law Firms for Minority Attorneys"
  • Named "Go-To Law Firm" in ALM's annual edition of In-House Law Departments at the Top 500 Companies
  • Top 200 ranking on Law360's 400 2017 list of largest U.S. Law Firms

Powerhouse Litigator Joins WSHB as Partner

WSHB is pleased to announced that powerhouse litigator Michelle Arbitrio has joined WSHB's New York office as partner. Arbitrio is a familiar name to many, enjoying international recognition for her results both inside and outside the courtroom. Her practice focuses on professional liability, commercial, life insurance, securities and employment litigation.

Arbitrator Rejects Actor’s Spinal Infection Claim

Following a four day Binding Medical Malpractice Arbitration in Downtown Los Angeles, Los Angeles attorneys, Brian L. Hoffman and Michelle A. Birtja successfully defended a Medical Negligence and Loss of Consortium claim brought by Claimants against our client, a Surgery Center and co-defendant, a Pain Management Specialist. The Arbitrator issued a decision rejecting Claimants request for the application of the Doctrine of Res Ipsa Loquitor and found no evidence of a breach in the standard of care on the part of the Respondents.

WSHB Case Update: Oregon Court of Appeals Strengthens Four Corners Rule in Construction Defect Matters

Convincing subcontractors' insurers to defend a general contractor as an additional insured on a general liability insurance policy is often an uphill battle, and insurers frequently point to extrinsic evidence collected in their investigations into the matter as their reason for declining to defend. PIH Beaverton LLC v. Red Shield Ins. Co., stands to be a game-changer in this regard, strengthening the "four corners" rule and its effect on determinations concerning the timing of alleged property damage.

WSHB Case Update: New Jersey Supreme Court Rules that the Worker’s Compensation Act Prohibits Waivers of an Employee’s Claims Against Third-Party Tortfeasors

In Vitale v. Schering-Plough Corporation, 231 N.J. 234 (2017), the New Jersey Supreme Court held that section 39 the New Jersey Worker's Compensation Act prohibits a waiver of an employee's claims against third-party tortfeasors. Courts have traditionally applied this statute to prohibit waivers of an employee's right to worker's compensation benefits. The Vitale decision expands the scope of the prohibition to include waivers of an employee's claims against third-parties. Therefore, employees cannot be required to waive future tort-claims against third-parties as a condition of employment.

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