News Archive

(New York) WSHB Partner Michelle Arbitrio has been named the Chief Diversity Officer for the Professional Liability Defense Federation (PDLF). Arbitrio, Managing Partner of Wood, Smith, Henning & Berman’s White Plains, New York office, is nationally known for her thought leadership on diversity, equity and inclusion.

Top of mind for many legal commentators is whether remote appearances are here to stay. With courts across the nation resuming in-person trials, legal commentators are wondering whether this foreshadows the end of appearing remotely for members of the bar.

In a case of first impression, a California appellate court held trial courts possess the inherent authority to dismiss Private Attorney General's Act (PAGA) of 2004 (Lab. Code §2698 et. seq.) ("PAGA") claims as unmanageable. This decision reinforces and breathes new life into a profound employer defense in PAGA litigation.

The Spearin Doctrine dictates that a project owner impliedly warrants that the plans and specifications it provides are accurate and suitable, and can protect a contractor against liability. Must a contractor prove that all of the construction defects are attributable to the owner's defective plans and specifications to prevail on this affirmative defense? The Washington State Supreme Court in Lake Hills Investments, LLC v. Rushforth Construction Co., Inc. d/b/a AP Rushforth, et al. answers this question and provides guidance on the application of the Spearin Doctrine in defending construction defect claims.

On August 12, 2021, the U.S. District Court – District of New Jersey, ruled that a group of restaurants located at the Jersey Shore were not entitled to coverage as a result of losses incurred due to Covid-19 under certain policies that contained a virus exclusion.

The restaurants sought to recover benefits under Business Income and Extra Expense coverage provisions pursuant to their applicable policies. These claims were denied under a Virus Exclusion in the policies. The restaurant brought suit, seeking a declaration that Defendant, Twin City Fire Insurance Company, was obligated to provide coverage for the restaurants' alleged losses, asserting claims of breach of contract and bad faith.

The Covid-19 crisis transformed the online community drastically as individuals and businesses quickly pivoted their operations to accommodate remote work. With this change also came increased lawsuits in the area of digital accessibility. An accessibility claim involves a plaintiff alleging that a business' website or mobile application contains content that is inaccessible to users with certain disabilities or impairments. Accessibility claims grew in number in 2020, with a 23% increase from 2019-2020.

Save Lafayette Trees, et. al v. East Bay Regional Park District (Pacific Gas and Electric Company, Real Party in Interest) (1st Dist., Div. 3, 2021), Cal. App. 5th, affirms the long-standing practice that under the California Environmental Quality Act (CEQA), no special notice is required to commence the running of the 180 day statute of limitations. The running of the statute begins when the governmental agency formally involved in the matter, approves a Memorandum of Understanding (MOU), which serves as effective constructive notice to the public. In addition, an agreement between the parties to toll the statute of limitations in a CEQA claim will fail when a necessary and indispensable party to the action is not included and did not sign the tolling agreement. The court ruled that a tolling agreement is a private agreement and not granted by statutory right.

It is with great pleasure that we announce the addition of our newest partner, Margaret "Maggy" Mazlin, to the New York office of WSHB. Endorsed by her peers as highly skilled in all aspects of litigation, including trial and appellate practice, Maggy has defended a myriad of clients throughout all five boroughs of New York City as well as Nassau and Suffolk Counties.

“Maggy is broadly recognized for her accomplished trial work, litigating with ease and success, a wide variety of cases to verdict throughout New York,” said Stewart Reid, firmwide managing partner. “She is a trial powerhouse, strategic and thoughtful in her trial work.”

WSHB has been honored once again as one of the top 10 law firms in the nation on the American Lawyer's 2021 Diversity Scorecard. In addition to our top ten overall national ranking, WSHB was ranked ninth for Hispanic attorneys and tenth for diverse partners. The American Lawyer's Diversity Scorecard records the average number of full-time equivalent minority attorneys at Am Law 200 and National Law Journal 250 law firms.

WSHB opens its doors in the great city of New Orleans! The addition of the NOLA office increases WSHB's ability to service clients and expands its reach in the Southeast as the firm continues its striking growth despite challenges posed by the pandemic.

WSHB’s 30th office is led by partner, Lori Barker. Lori's broad based litigation practice includes products liability, premises liability, transportation and construction. She is well regarded for her savvy handling of complex civil litigation involving multiple parties and catastrophic injuries. Her profile throughout the State of Louisiana is underscored by her active involvement in the Louisiana Defense Counsel, of which she has been recently elected to serve on the Board of Directors. A legal thought leader, Lori gives back serving as an adjunct professor at Tulane School of Professional Advancement in their General Legal Studies program.