News Archive

A federal judge in Arizona has dismissed a data breach class action, ruling that the plaintiffs lacked standing and failed to state a claim despite multiple attempts to amend their complaint. The Wood Smith Henning & Berman defense team comprised of partners Chris Seusing, John Darminio, and senior associate Sean Patel, successfully defended the client in this multi-faceted and complex case. The decision was not only a critical victory for the client, but also serves as important precedent, reinforcing that courts can and will strike class allegations at the pleading stage, an action they have historically been reluctant to take.

Wood Smith Henning & Berman obtained a decisive victory for a large financial institution in a data breach class action, leading to the voluntary dismissal of the case in Nebraska State Court. The lawsuit, which alleged violations of the Gramm-Leach-Bliley Act (GLBA), was withdrawn after the WSHB team, consisting of partner Chris Seusing and senior associate Sean Patel, demonstrated that the named plaintiff was not an adequate class representative.

WSHB successfully secured a summary judgment in favor of its client in a high-stakes premises liability case in Florida. The plaintiff alleged that an optical illusion of a handrail on a sloped landscaped area caused a fall, resulting in over $400,000 in medical expenses and lasting physical limitations. Despite a $2.5 million demand from the plaintiff, WSHB's partners Ryan Schoeb and Zachary Williams, along with senior associate Kyle Woodford, prevailed by crafting a compelling legal argument that convinced the court to dismiss the case entirely.

Catherine Deter, a trailblazer in the legal industry and previously named Phenom Under 40 by CLM, is now being considered for the prestigious CLM Professional of the Year Award- Outside Counsel Young Professional. This recognition highlights her outstanding contributions to the claims and litigation community, including exceptional leadership, and an unwavering commitment to mentoring the next generation of female attorneys.

Wood Smith Henning & Berman is proud to share a hard-fought victory for the defense, with senior counsel Megan Michaud successfully arguing a motion for summary judgment in a complex premises liability case. The outcome is particularly noteworthy given the challenges of prevailing on summary judgment in negligence cases, especially given the serious nature of the plaintiff's alleged injuries.

WSHB is proud to announce that powerhouse litigator and trusted advocate, Frances O'Meara, has been named a finalist in the CLM Professional of the Year Award in the Outside Defense Counsel category for 2025. This recognition places O'Meara among the top legal minds in the field of litigation, honoring their dedication, innovation, and ability to tackle complex litigation with skill and strategy.

WSHB is pleased to welcome trial litigator Christine Atwood as a new partner in the Dallas office. Licensed to practice in Texas, Nevada and Colorado, federal courts in Nevada and Colorado, Atwood has built a distinguished career successfully handling complex, high-stakes litigation and disputes across a variety of jurisdictions. That experience includes being the lead attorney on hundreds of party and expert depositions, trying more than a dozen jury trials to verdict, and repeatedly securing favorable defense outcomes for clients in matters with multi-million-dollar exposure.

New York's legal and insurance systems have long been fertile ground for exploitation, but recent revelations from a court filing by Tradesman Insurance provides an inside look at how a sophisticated construction accident fraud scheme has allegedly operated. The plaintiffs allege that the defendants- comprised of corrupt runner-claimants, attorneys, medical providers, and litigation funders- are orchestrating a wide-ranging criminal enterprise to stage construction accidents. From these false accidents the defendants file fraudulent claims, and reap millions of dollars in settlements, workers' compensation benefits, and litigation funding. This article explores the details of how this criminal enterprise operates.

In today's 24/7 information era, the influence of media on jurors is more intrusive than ever before. What began historically as sensational newspaper coverage in the early 1900's has evolved into a world dominated by social media, algorithm-generated content, and an endless stream of information at jurors' fingertips. For legal professionals, this presents significant challenges. Jurors arrive at the courthouse already influenced by external narratives, biases and often misinformation. This article explores the intersection of media and jury behavior, highlighting trends that attorneys must contend with and offers practical strategies to ensure that the judicial system is not undermined by the reach of the social media.

In a high-stakes personal injury case involving multiple alleged defendants and complex discovery battles, the legal team at Wood Smith Henning & Berman, led by partner Keith Smith, secured a decisive resolution in favor of the client on the footsteps of the courthouse just prior to the commencement of trial. The defense successfully dismantled the plaintiff's claim resolving the original $1.5 million claim to a settlement of only $50,000, and less than a previously issued 998 offer to compromise in the case.

Wood Smith Henning & Berman proudly announce another trial victory achieved by partner Ryan Schoeb and senior associate Olivia Rosenthal, who successfully defended a local construction company in a negligence suit, culminating in an involuntary dismissal during a bench trial

With a career spanning over 30 years and a reputation for excellence in civil litigation defense, Michael Kowalski has joined WSHB's Riverside office. His extensive experience across diverse legal areas, including first and third-party claims, SIU investigations, catastrophic personal injury, construction defect and construction disputes, enhances the firm's ability to deliver top-tier legal solutions to clients.

Wood Smith Henning & Berman announces a significant victory in a case involving a fraudulent accident at a work site. Senior associate, Megan McDonough, successfully secured a stipulation of discontinuance with prejudice after uncovering critical evidence that revealed false claims made by the plaintiff about an alleged workplace accident.

Wood Smith Henning & Berman is proud to announce a significant victory in a highly contentious lead paint action. Partner Bolam Kim and senior associate Lauren Davies successfully defeated the plaintiff's motion for summary judgment on liability and prevailed on a cross motion to dismiss the claims against the individual defendants.

Wood Smith Henning & Berman is excited to share that managing partner Fred Vasquez, has been selected for inclusion in the Los Angeles Business Journal's Leaders of Influence: Minority Attorneys section, published on January 20, 2025. This recognition highlights Mr. Vasquez's exemplary contributions to the legal profession and his impact as a leader in Southern California's legal community.

Wood Smith Henning & Berman is proud to announce that Sheila Fix, a partner in the firm's Glendale, California, office, has been selected for the Los Angeles Business Journal's prestigious Woman of Influence in Construction, Engineering, and Architecture. The January 20, 2025 issue will feature Sheila among a distinguished group of women who had made significant contributions to their industries through significant expertise, leadership, and innovation.

Demonstrating legal expertise and strategic precision, the Chicago office of WSHB secured a significant victory in a contentious slip-and-fall case, winning summary judgment on behalf of a prominent property management company. Leading the charge was senior associate, Jon Kangwa, who successfully argued that the plaintiff's claims were barred by the "open and obvious" doctrine- a challenging defense to prevail upon in Illinois courts.

Wood Smith Henning & Berman is proud to announce the promotion of twelve exceptional attorneys to partnership, effective January 1, 2025. Representing a wide range of practice areas, geographic regions, and backgrounds, this diverse group of new partners exemplifies WSHB's commitment to innovation, excellence, and inclusion. 

Wood Smith Henning & Berman proudly announces the largest class of Senior Counsel promotions in its history, elevating 37 exceptional attorneys to this prestigious role in 2025. This achievement reflects the firm's continued commitment to recognizing exceptional legal talent and its dedication to achieving real results for its clients across all practice areas

Wood Smith Henning & Berman is proud to share that partners Michelle Arbitrio and Molly Wilcox successfully defended their clients in a significant public procurement dispute, securing the dismissal of all claims. In a decision affirming the trial court's ruling, the Connecticut Appellate Court determined that the plaintiff lacked standing to pursue its claims, setting a key precedent for cases involving unsuccessful bidders in government contracting.

Wood Smith Henning & Berman is pleased to share a significant legal victory in a case led by partner Nicholas Donzuso and senior associate Lauren Vicencio, securing a motion for summary judgment for the client in a complex personal injury case in Philadelphia.

WSHB is pleased to announce its Raleigh office has been bolstered with the addition of  litigation partner Robin Seelbach. With an exemplary track record in securing exceptional outcomes, both in early case resolutions and at trial, Seelbach is widely recognized for his remarkable proficiency in the realms of all facets of complex civil litigation, spanning from construction, bad faith, transportation and professional liability matters.

In a major victory for the defense, the California Court of Appeal affirmed a summary judgment in favor of WSHB's client involving a significant injury case brought by a longshoreman who was injured at the Port of Long Beach. The plaintiff, who alleged a traumatic brain injury and orthopedic injuries after his rig tipped over while hauling cargo at the Port, originally sought $20 million in damages. This appellate decision marks a rare complete dismissal in this high-stakes area of law.

Wood Smith Henning & Berman has achieved a full defense victory in a complex FINRA arbitration, securing a complete dismissal of claims against its client, a seasoned investment advisor. The case, which was by led by partner Michelle Arbitrio and senior associate Seth Bursky, involved claims that the advisor breached his fiduciary duty by making unsuitable investment recommendations. However, the FINRA arbitration panel found the advisor's investment strategy to be both suitable and prudent, given the claimant's stated investment objectives and market conditions.

Wood Smith Henning & Berman is honored to announce its recognition as a Tier 1 law firm in the 2025 edition of Best Law Firms® by Best Lawyers^®, achieving top-tier rankings across seven metropolitan regions and six practice areas. This prestigious recognition underscores the firm's unwavering commitment to excellence and its outstanding performance across diverse legal disciplines.

Wood Smith Henning & Berman, LLP is proud to announce that partner Catherine Deter has been awarded the prestigious CLM's Phenoms Under 40 Award. This honor recognizes her exceptional contributions to the legal field, and highlights her commitment to leadership, mentorship, and advancing diversity within the profession.

Wood Smith Henning & Berman is proud to announce a significant victory for the defense, celebrating a unanimous verdict in favor of a respected, world-renowned neurosurgeon in a high-profile medical malpractice case. Philadelphia partner, Andy Kessler, prevailed on behalf of the client after a hard fought eight-day trial.

The managing partner of Wood Smith Henning & Berman's Seattle office, Tim Repass, has secured back-to-back success in yet another high-profile jury trial. Repass successfully defended a housing authority in an important premises case in which an elderly tenant claimed $2.2 million in damages after a fall on an icy surface. Ultimately, the jury awarded less than one-fifth of the amount claimed, agreeing with our analysis.

Wood Smith Henning & Berman is proud to share that founding partner Kevin Smith has been selected as the San Diego Business Journal's 2024 Leader of Influence in Law. This prestigious honor, awarded after a highly competitive selection process, places Smith among an elite group of legal professionals in the area.

WSHB is proud to announce that the New Jersey office secured a significant victory in a property management case involving a severe injury claim. Under the supervision of partner Jill Mucerino, and led by senior associate Alison McClave, the case was successfully resolved in favor of the client, the owner and manager of an apartment building, after a successful motion for summary judgment in Middlesex County.

On June 3, 2024, Governor Jared Polis signed Colorado House Bill 24-1472 into law, marking a pivotal change in the state's legal framework around damages. This legislation significantly raises the limits on noneconomic damages, wrongful death claims, and medical malpractice awards, while also allowing siblings to bring wrongful death actions in certain cases. These updates carry substantial consequences for businesses and insurers operating in Colorado. This article explores the practical outcomes of these changes and how they may impact litigation and risk management.

Illinois recently passed SB2979, amending the state's Biometric Information Privacy Act (BIPA). This amendment narrows the scope of liability for businesses that collect biometric data, addressing concerns raised by the Illinois Supreme Court in Cothron v. White Castle System, Inc., 2023 IL 128004. In its opinion, the court had suggested legislative review of BIPA's potential for excessive damages, and SB2979 now aims to provide that clarity.

In a significant victory for the medical community, trial partner Ryan Deane of WSHB has achieved a unanimous defense verdict in a two-week medical malpractice trial that concluded on October 15, 2024. The jury deliberated for only 35 minutes before determining that the physician involved was not negligent, underscoring the strength of the defense presented.

Wood Smith Henning & Berman (WSHB) is proud to announce a significant victory in a high-stakes jury trial in King County, Washington, securing a decisive win for our esteemed clients—a leading general contractor and a real estate developer. Led by the exceptional legal acumen of seasoned trial attorney Tim Repass, WSHB skillfully dismantled a construction site injury and premises liability claim, delivering a powerful defense.

Wood Smith Henning & Berman is excited to announce that it has added new partner, Nicole Koumasidis, to further bolster its national practice teams in the areas of employment, professional liability and coverage practices. Nicole's unique background working first as a defense attorney on the law firm side and then as a complex claims manager on the insurance company side will strengthen the firm's capabilities in handling high stakes insurance and liability matters.

In a significant victory for Wood Smith Henning & Berman, partner Christopher Seusing, senior associate Sean Patel, and associate Kyle Woodford successfully obtained a voluntary dismissal without prejudice in the United States District Court, Southern District of Florida. The case, which involved a class action against a major entertainment corporation, alleged viol

WSHB is proud to announce momentous victories achieved by partners Richie Singer and Kimberly Jones and senior associate Erica Pope. Richie Singer successfully argued a complex Motion for Summary Judgment concerning a coverage issue on a forced place policy. This win was followed by an unsuccessful appeal filed by the Plaintiff thanks to the strong briefing and arguments by partner Kimberly Jones. This outcome not only underscores the firm's legal prowess but also exemplifies its commitment to providing exceptional representation for clients.

In a decisive legal victory, the Alabama office of Wood Smith Henning & Berman successfully defended an insurance agent against negligence and wantonness claims in a high-stakes trial in Perry County, Alabama. The plaintiffs alleged that the agent failed to procure adequate insurance and mishandled the processing of a liability claim, which led to collection actions being taken against them. The trial unfolded after a year of contentious litigation, culminating in a directed verdict, after the plaintiffs rested their case.

The Kings County Superior Court has granted summary judgment in favor of a leading equipment manufacturer for the meat packing industry, represented by Wood Smith Henning & Berman (WSHB), in a high stakes products liability case. The important ruling is a significant victory in a multi-party lawsuit involving a tragic incident in which the plaintiff lost a limb while sanitizing equipment at a packing plant. Plaintiff is seeking a minimum of $26 million against all parties in the product's distribution chain and the operators of the plant.

Wood Smith Henning & Berman is proud to announce its recognition as a 2024 L.A. Business Journal Leaders of Influence "Most Admired Firms to Work For." Selected from a highly competitive pool, WSHB is honored to be recognized for its outstanding achievements and leadership in the legal community.

Wood Smith Henning & Berman (WSHB), a distinguished national law firm, proudly announces the opening of its 42nd office in Reno, Nevada. This strategic expansion underscores the firm’s commitment to providing exceptional legal services throughout the State of Nevada with key locations and talent in both locations. This office further establishes WSHB as the go-to firm in this vibrant and rapidly growing community.

Wood Smith Henning & Berman (WSHB) is pleased to announce that a Santa Monica judge returned a favorable verdict for our client in a challenging business litigation case. Trial attorneys Andreea Custurea and Greg Amundson expertly navigated a multitude of claims brought forth by the plaintiffs, who alleged breaches of contract, fraud, and other serious offenses. WSHB successfully defended against claims exceeding $2 million with the court awarding the plaintiff less than $50,000. In addition, as the plaintiff failed to surpass the statutory offer to compromise and are now responsible for all expert fees and costs.

As students across the nation return to class, partner Christopher Seusing is adding yet another role to his active cyber practice. He was recently appointed as an Adjunct Professor at Suffolk University Law School, where he will be teaching courses in cybersecurity and data privacy law. As an active litigator handling all facets of cyber exposures at Wood Smith Henning & Berman, Seusing will bring real time experience to law students aspiring to move into cyber exposures.

In a remarkable demonstration of legal acumen, Wood Smith Henning & Berman successfully resolved a complex security negligence case through a strategic motion for summary judgment. This decisive victory, spearheaded by trial attorneys Lauren Kane and Frances O’Meara, exemplifies the effectiveness of well-crafted legal motions in bringing clarity and finality to challenging cases.

Melanie Thomas, an exceptional trial attorney with extensive experience in healthcare law, has joined Wood Smith Henning & Berman as a partner in our Las Vegas office.

Wood Smith Henning & Berman (WSHB) proudly celebrates the recognition of forty-two of its exceptional attorneys in the 2025 edition of Best Lawyers: Ones to Watch.^® This prestigious accolade, awarded by the oldest and most-respected peer-review publication in the legal profession, highlights the remarkable contributions and professional achievements of emerging legal talent from law firms across the country.

Wood Smith Henning & Berman (WSHB) proudly announces the inclusion of its partners from around the nation in the annual listing of distinguished attorneys named in the 2025 edition of Best Lawyers in America.^® This prestigious recognition highlights the extraordinary achievements and unwavering dedication of the top legal professionals in the nation.

Wood Smith Henning & Berman is proud to report yet another successful jury trial, this time led by trial lawyers Jade Tran and Vanessa Herzog. Together, Tran and Herzog successfully defended a national trucking company and its driver in a challenging jury trial in the San Bernardino Superior Court. This intricate case, which stemmed from a significant accident on the northbound I-15, culminated in the jury determining that the plaintiff driver bore 95% of the liability for the collision.

Wood Smith Henning & Berman is pleased to announce the addition of a new partner, Spencer Dunn, to the Houston office. Dunn brings a wealth of litigation experience and a proven track record of success in well-rounded plethora of complex legal areas.

Wood Smith Henning & Berman has achieved a notable legal victory in Michigan in a complex automobile accident case. The case involved a vehicle rented by a leading delivery company from our client, which resulted in an accident with the plaintiff. Partner Michael Spinazzola showcased his expertise in the handling of this matter.