News Archive

WSHB is proud to announce our top three national ranking on The American Lawyer’s 2020 Diversity Scorecard.

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 in the calendar year 2019.

WSHB jumped 23 places from their ranking in the previous year, landing on their current spot at no. 3 on this year’s list.

WSHB partner Kimberly Jones was recently elected to the position of Chair-Elect of the Florida Bar's Appellate Practice Section.

This 1,500-person organization is devoted to promoting excellence in Florida's state and federal appellate courts. Its members include lawyers from a wide spectrum of appellate practice areas and judicial representatives from each of Florida's appellate courts. The Section produces several publications on appellate issues, teaches many legal education seminars, and is at the forefront of providing pro bono appellate services to Florida litigants.

In a landmark decision, the Pennsylvania Superior Court ruled on the critical issue of failing to preserve evidence and created an important carve out to the prior case law on this important evidentiary issue. This closely watched decision has been the subject of much discussion.

“In many instances, a business’ failure to maintain or preserve evidence can be fatal to the defense of a hotly contested action,” said WSHB Partner Andrew Kessler, who handled the appeal on behalf of the prevailing party. Kessler, managing partner of the WSHB Pennsylvania office believes that, “This case gives rise to development of a strong defense in those instances where evidence is inadvertently destroyed and removes the presumption that the party who destroyed the evidence did so because it was unfavorable to them. Avoiding the thought is a juror’s head that “they got rid of the evidence” can be vital in these types of cases where these issues arise. Avoiding the presumption helps to keep the playing field level.”

Much like the global impact from Covid-19 not all occurrences can be foreseen. This is why many contracts contain a provision known as a force majeure clause. Force majeure clauses are especially important in times like these – when businesses are shutting down, the government is ordering the labor force to stay home, and supply chains are interrupted or non-existent.

The question many in the construction industry and beyond are asking is whether the Covid-19 pandemic excuses performance under a contract. As usual when it comes to the law, it depends.

WSHB Partner Constance Endelicato was quoted in the June 8, 2020 Skilled Nursing News article, "Nursing Homes Face Fines, Lawsuits Unless They Test for Covid-19 — But Access Often Out of Their Hands"

In this article, Ms. Endelicato wrote: 

“Testing capability is riddled with a number of factors that often are out of the hands of the nursing facility,” Constance Endelicato, a partner at the law firm Wood, Smith Henning & Berman who represents health care providers that include SNFs, wrote to Skilled Nursing News in an e-mail on June 3. “The facilities face the daunting task of attempting to abide by the governing recommendations, keeping in mind that with the exception of New York, recommendations will not necessarily define the standard of care under the pandemic crisis. We need to remember that the entire medical community was not prepared for this unknown and eerily unpredictable virus.”

Attorneys Kelly Waters, Jill Mucerino, and Sam John of WSHB's New Jersey office recently secured several appellate rulings enforcing arbitration clauses in favor of WSHB's clients. In one case the New Jersey Appellate Division reversed the Trial Court's denial of our motion to compel arbitration. In two separate matters that were consolidated on appeal, a different panel of the Appellate Division affirmed the Trial Court's grants of our motions to compel arbitration.

Wood Smith Henning & Berman LLP is pleased to announce that Vincent P. Beilman III has been elected WSHB’s London Market Chair.

Vince Beilman enjoys international acclaim for his savvy counsel to various syndicates throughout the London market. From his early years where he was a secondee to later on where he developed a reputation as the "go to" lawyer for all matters of issue in the States, Beilman has an impressive record of consistent results.

"I am fortunate to have so many close relationships in the London market, professionally and personally," said Beilman. From the time I was a secondee to now, London is home. I look forward to the time when I will be able to sit down in person with our friends on the other side of the pond."

WSHB Partner Constance Endelicato was quoted in the May 4, 2020 Insurance Journal article, "Nursing Home Insurance Market In Need of Care."

In the article, Ms. Endelicato described the COVID-19 exposures as “endless,” and said the facilities’ vulnerability to exposure has been “riddled with various complicating factors.”

“The lack of testing capability, the delayed symptoms, the ongoing admission of new residents, and the residents’ fundamental rights to have family and friends as visitors, may also play a role in exposure as these factors are thought to be ways in which the virus can spread,” said Ms. Endelicato.

New Jersey joined several other states in temporarily allowing remote notarizations during the recent coronavirus outbreak. On April 14, 2020, Governor Phil Murphy signed legislation (A-3903/S-2336) temporarily allowing notaries to conduct remote notarizations using "communication technology." The legislation takes effect immediately and expires upon the rescission of Governor Murphy's March 9, 2020 Executive Order declaring a state of emergency as the result of coronavirus.

The remote notarizations must comply with several requirements including the following.

Insurers writing policies of any type in Colorado should be aware of emergency regulations imposed by the Colorado Division of Insurance during the novel coronavirus pandemic. Issued on March 27, 2020, Bulletin B-5.38 is intended to allow consumers with property and casualty insurance policies to retain coverage throughout the present public health emergency.

The Division directed all insurance companies issuing coverage to personal and commercial policyholders to make “reasonable accommodations” to prevent policyholders from losing coverage due to cancellation or non-payment of premiums.

A host of declaratory judgment actions have already been filed across the country, and several state legislators have proposed bills to compel insurers to provide business interruption coverage, no matter policy terms and exclusions, in the wake of COVID-19. The federal government has taken notice.

On March 18, 2020, Rep. Maxine Waters issued a memo to the Democratic House of Representatives calling for legislation that would "create a reinsurance program similar to [Terrorism Risk Insurance Act 2002 (TRIA)] for pandemics, by capping the total insurance losses that insurance companies would face." On April 10, 2020, President Trump weighed in on the issue of coverage for business interruption during his daily press briefing with an ominous warning to insurers stating, "You have people that never asked for business-interruption insurance, and they've been paying a lot of money for a lot of years for the privilege of having it. And then when they finally need it, the insurance company says, 'We're not going to give it." We can't let that happen."

WSHB kicked-off 2020 by electing eleven attorneys to the firm's partnership. Elevation to partnership is a reflection that each of the attorneys named below has demonstrated exceptional legal, supervisory and management skills over their caseloads. These individuals have also consistently exhibited a strong desire to provide the firm's clients with first class legal representation, while always working hard to be team players dedicated to maintaining the unique culture that makes the firm special.

Sage case handling and consistent results are a common thread cited in the announcement of each individual elevated to senior counsel this past week at WSHB. Eighteen individuals were elevated to senior counsel by WSHB, a national trial firm with offices in 15 states. "Each of the individuals have demonstrably strong legal prowess and case handling abilities," said WSHB Firmwide Managing Partner Stewart Reid. "They each enjoy records of success in cases resolved and have strong working relationships with our clients." Added Co-Founder Stephen Henning, "Collectively, these 18 represent rising stars in the legal field throughout the nation."

WSHB Partner Jade Tran (Orange County) has been named to Lawyers of Color's inaugural "Nation's Best" list, which recognizes law firm partners and senior-level corporate counsel. Selection is based on noteworthy accomplishments and a commitment to diversity and inclusion in the legal profession. Lawyers of Color is a 501(c)(3) non-profit devoted to promoting diversity in the legal profession and advancing democracy and equality in marginalized communities.

National law firm Wood, Smith Henning & Berman LLP (WSHB) announced the opening of its North Carolina office, bringing the total number of offices nationwide to 24. Leading this office is prominent trial attorney William Silverman.

Mr. Silverman enjoys a well deserved reputation for consistent results throughout the Carolinas in complex commercial litigation. His practice areas include construction and corporate disputes, insurance coverage, first and third party insurance bad faith litigation, environmental, and catastrophic injury matters. He is an "AV Preeminent" rated attorney by Martindale-Hubbell, and has been listed in Business North Carolina’s Legal Elite in the Young Guns and Construction categories. Mr. Silverman comes to the Firm from a seven year tenure at Wall Templeton, where he served as a Shareholder.

Included on the highly anticipated list of 2019's Outside Counsel of the Year is Stephen Henning, one of the co-founders of WSHB. Henning will be one of the honorees during the opening ceremonies of the CLM Annual Conference that takes place on March 15, 2019, in Orlando, Florida.

Outside Counsel of the Year Honorees were announced earlier this month by the Claims and Litigation Management Alliance (CLM). This highly coveted national award is the result of an arduous nomination process by the entire membership, the largest professional organizations of lawyers, general counsel and claim professionals in the United States.

We're pleased to announce the opening of our newest office in Ventura County, bringing the firm's office count nationally to 23. With the addition of the Ventura location, WSHB enjoys an on-site presence in nine of the largest population centers in the California, the largest state in the nation.

"Our impetus in opening Ventura County is client driven, repeated requests for a local presence to service the growing legal needs in not only Ventura, but Santa Barbara and the Central Coast," said Stewart Reid, Managing Partner of WSHB. "We enjoy national recognition as leaders in litigation with a strong trial record of consistent results which has created intense interest in a local presence for this geographic region. Centrally located, the Ventura County office will service and complement our myriad of practice areas including business disputes, labor and employment, transportation, real estate, construction, medical negligence to agricultural exposures to name a few."

Kicking off 2019 are promotions for sixteen of the nation’s most talented lawyers at WSHB. Promotion of this talented group of lawyers comes on the heels of a year where the firm saw continued growth, as evidenced by its recognition in Law360 as one of the fastest growing law firms in the nation. Notably, as pointed out by this national publication, growth is organic from within the firm.

Fueling the growth is the raw talent and litigation success enjoyed by this class of rising stars, skilled in handling complex and civil litigation and consistent in results time and again. This year's senior counsel class is national in diversity, reflecting the geography of WSHB's 23 offices from coast to coast.

This year's class is comprised of James Chortanian (Orange County), Williams Daks (New York), Cassidy Ellis (Las Vegas), Robert Ferrier (Northern California), Jordan Gaskins (Glendale), Michael Harrell (New York), Anoush Holaday (Northern California), Kimberly Jones (Tampa), Andrew Kleiner (Phoenix), Danielle Kuck (Thousand Oaks), Colleen McCaffrey (Atlanta), Eric Morales (Miami), Samuel Nora (Los Angeles), Herjit Rubio (Riverside), Richard Singer (Miami), and Analise Tilton (Las Vegas).

WSHB is pleased to announce four attorneys have been elected to the Firm’s partnership, effective January 1, 2019. The four new partners are Katherine Brinson (Los Angeles), Kevin Fitzpatrick (New York), and J. Paul Lewis (San Diego), and Dana Withers (Dallas).

Assumption of partnership positions at WSHB comes after another impressive year of organic growth for the firm, which included the opening of a Texas office. It also caps a year where the firm expanded relationships throughout the world with an exclusive association with London based DWF. Recognized by Law360 as the second fastest growing law firm in the nation for a second consecutive year in a row, WSHB credits its growth year after year to its time-tested practice of developing a pipeline of talent through internal promotion. This year's partnership class falls squarely in that category, as the four individuals elected represent lawyers who have advanced through the ranks of the firm. Each is trial tested and brings a record of strong, consistent results to the partnership.

WSHB is pleased to announce its Chicago office has moved to a new location at 222 South Riverside Plaza, Suite 640, Chicago, IL 60606.

"It’s a great location in the West Loop area in downtown Chicago, close to many of our local clients and within walking distance to the courthouse," said Craig Derrig, managing partner of the Firm’s first Midwest office. "Cook County is a hotbed of litigation and clients had consistently asked us to be in this market, that’s why we opened here in late 2016. We’re happy to say we outgrew our first office because of the sheer volume of activity."