First Admitted: 1994

Professional Webpage: https://www.wilsonelser.com/attorneys/otis_b_felder

Bar/Professional Activity:

Admitted in Alaska, California, District of Columbia, Hawai'i, Oregon, & Washington , 2023
Adjunct Lecturer in Law in LLM Fundamentals of Legal Writing Skillshttps://gould.usc.edu/faculty/lecturers/?id=80155, 2023
Los Angeles Superior Court - Court Appointed Special Master & Discovery RefereeAccompany peace officers in conducting searches for documentary and other evidence, including conveying to the person served the function and neutrality of the Special Master in the process, along with proving a copy of the relevant statute. Upon service of the warrant, inform the person served of the specific items being sought and give the party the opportunity to provide the articles requested. Review all items produced voluntarily to be certain that all the evidence listed in the warrant has been obtained and whether to conduct a further search for the items in the areas indicated in the search warrant with officer assistance upon getting permission of the person served. Catalog the items and those claimed as privileged to be reviewed by a Court within 3 days of service of the warrant., 2022
State Bar of California Commissioner & Commission Chair, Admiralty & Maritime: Appointed by the California State Bar Board of Governors (now Board of Trustees) to serve as a Commissioner responsible for collaborating with others in formulating objective criteria for determining the qualification for certification of specialists. Promoted the value of specialization and responded to comments from another maritime legal organization’s concern about certification. Developed the approval of various educational programs needed to show applicants were satisfying their continuing legal education in related maritime legal courses. Oversaw the certification of the first and second classes of attorneys throughout California as certified specialists in maritime law. Actively participated on the Board of Legal Specialization in overseeing the commission activities, formulating of rules and requirements associated with the program, and providing assistance in developing outreach to the public, including repeated appearances on NPR radio., 2013
Los Angeles City Attorney - Deputy City AttorneyVertically Prosecuted 53 Assigned Criminal Cases with 98% Conviction Rate Acquired over 1000 Courtroom Advocacy Hours, including Jury and Bench Trials Assisted in trial training of LAPD at Ahmanson Recruiting Center Organized and presented public outreach to LAPD Communications Div. cadets Volunteer with Valor Citation Clinic for Veterans Trial Counsel: Advocated arraignment and protective order terms. Managed court calendar. Drafted pleadings, declarations, motions, jury instructions, and trial briefs. Negotiated plea offers. Evaluated police reports through officer interviews and evidence collected. Analyzed statutes, regulations, codes, ordinances and case law. Obtained crime scene photos, transport recordings, 911 tapes, and surveillance video(s). Inspected and photographed crime scene. Obtained RAP sheets. Conducted witness interviews. Subpoenaed EMT and other records. Engaged experts. Prepared witnesses. Conducted voir dire. Made opening statements. Conducted direct and cross-examination. Presented closing arguments. Made sentencing recommendations., 2014
Princess Cruises & Cunard - Litigation & Corporate Counsel Managed world-wide claims and litigation, including mass tort & class actions Negotiated resolution of high profile sexual assault, piracy, and pollution claims Implemented labor arbitration procedure, including obtaining anti-suit injunctions Counseled departments on regulatory and corporate compliance Advised senior management on litigation Acted as 24-hour contact to ships for legal advice. Counseled on regulation compliance dealing with ADA, CBA terms, labor rules, pollution, and passenger safety. Responded to and worked with flag and port state authorities, FBI, Coast Guard, CBP, ICE, FMC. Supervised claims team respond to property loss, personal injury, and employment disputes. Revised CBAs and passage contracts on venue, choice-of-law, anti-class waiver and arbitration clauses. Managed litigation, including claims relating to ADA, collections, insurance, labor disputes, passenger injury, health hazard, medical malpractice, overtime, pirate attacks, pollution damage, product service, property damage, sexual assault, stowaways, and unfair competition issues. Supervised and directed outside counsel in formulating and executing litigation strategy and budgets. Defended passenger injury and crew claims, including drafting responsive pleadings, preparing and answering discovery, taking and defending depositions, preparing and writing motions, trial and appellate briefs. Prepared reports updating status and making recommendations as to further handling and settlement. Engaged in mediation and prepare settlement agreements. Negotiated and prepared charter parties, passage contracts, lease agreements, employment contracts, CBAs, corporate filings, indemnity agreements, hold harmless, LOUs, licenses, memo of understanding, product recall procedures, and RFPs., 2007
Hancock Rothert & Bunshoft, LLP (now Duane Morris) - Senior Associate: Represented interests of underwriters at Lloyd's, London in determining extent of insurance coverage and providing defense. Investigated factual basis for claim and analyzed terms of insurance contracts. Provided guidance to assured in defending covered claims. Resolved complex long-tail pollution claims arising at Ports of Los Angeles and Oakland. Assisted in all aspects of formal discovery in defending product liability and warranty claims against boat manufacturers. Prepared discovery and dispositive motions, including on federal preemption. Engaged expert witnesses. Assisted in extensive document production and reviews. Drafted reports to clients and insurers making recommendations and setting defense and indemnity reserves., 2002
Le Gros, Buchanan & Paul - Associate: Represented various fishing vessels as to federal negligence claims and for no-fault entitlements, including conducting investigations, inspecting vessels, preparing responsive pleadings, drafting motions, preparing requests for and responses to discovery, conducting depositions, directing surveillance, and assisting at trial. Prepared handbook on procedural aspect in arresting or attaching vessel or other property, including sample pleadings and necessary forms. Devised legal strategy in Chan v. Society Expeditions, 1995 AMC 2625 (W.D. Wash. 1995), 123 F.3d 1287 (9th Cir. 1997) defending claim based on choice-of-law and application of Athens Convention limit to liability. Prepared matter for trial, including taking all depositions and engaging expert panel. Co-chaired trial and conducted direct examination. Prepared testimony by declaration of liability expert. Prepared all appellate brief and participated in 9th Cir. mediation., 1996
City and County of San Francisco - City Attorney Summer Associate: Under Bar Rule 9.42, represented the City of San Francisco in civil matters, including personal injury and wrongful death claims. Took depositions and conducted discovery in preparing cases for trial. Drafted motions, including summary judgment and/or adjudication as to issues relating to inverse condemnation., 1993
San Francisco Superior Court (Criminal Div.) - Law Clerk, Hon. Wallace Douglass: Assisted Court with daily calendar and review of cases. Observed hearings and case resolution discussions. Investigated and developed plan for review of compliance with ordered HIV testing., 1992
Lt. Govenor Leo McCarthy - Field Office Assistant: Conducted analysis of propose hate crime legislation. Assisted with field operations, economic development and community outreach along with doing the advance work for events and programs. Responded to constituent inquiries., 1991
United States Senate - Staff Assistant to Hon. Albert Gore, Jr. - Responsible to keep the office staff updated on issues important to Tennessee through monitoring correspondence and directing responses, supervising interns, assisting in researching legislative issues, and studying new data and information on American foreign policy process and current issues facing American foreign policy strategists. Acted as a liaison between federal, state and local agencies on behalf of constituents. , 1990

Verdicts/Settlements (Case Results):

Otis Felder (Partner-Los Angeles | San Diego) and Valeria Granata (Of Counsel-Los Angeles) defended a golf course management company against allegations it was negligent as well as strictly liable for trespass and nuisance in allowing water, silt and soil to cause a flood on the plaintiffs’ property. The state court granted the plaintiffs trial preference based on their advanced age but sustained a demurrer on the basis that they failed to make a proper showing of a "taking" required as part of an elder abuse claim that would have entitled them to recovery of attorney fees. While the San Diego Superior Court found that the plaintiffs were correct that the right to use their property is contained in the "bundle" of property rights that can be taken, they did not allege the existence of a taking. The court also struck allegations against the property owner as to the same causes of action and found that they had improperly tried to add them as defendants without seeking leave to amend. Upon the court finding plaintiffs could not recover attorney fees under the elder abuse statute, the case was resolved.https://www.wilsonelser.com/news_and_insights/news_briefs/5010-felder_and_granata_demurrer_sustained_without_leave, 2023
Exoneration Order - obtained order exonerating a parasailing company that initiated a Limitation of Liability Act (LOLA) proceeding in the U.S. District Court for the Central District of California in Santa Ana. The claimants alleged that they suffered severe back injuries and emotional distress when the vessel's engines failed resulting in dropping them in the ocean near Catalina. The vessel owner pointed to the liability waivers the claimants had signed assuming the risk. , 2023
Order of exoneration from U.S. District Court for the Southern District of California on December 29, 2022, arising from a Jet Ski allision on Mission Bay in San Diego. Again based in part on the liability waiver showing express assumption of risk along with an indemnity provision by the renter., 2022
Reported DecisionsAbed v. Mubanda (United States Court of Appeals for the Ninth Circuit, 2020) 2020 U.S. App. LEXIS 1951Powell N Around LLC v. Parson (United States District Court, District of Arizona, 2019) 2019 U.S. Dist. LEXIS 209769Kabogoza v. Blue Water Boating (United States District Court, Eastern District of California, 2019) 2019 U.S. Dist. LEXIS 60346Gilmer v. Symetra Life Ins. Health & Welfare Plan (United States District Court, Western District of Washington, 2019) 2019 U.S. Dist. LEXIS 138390In re Complaint & Petition of Blue Water Boating, Inc. (United States Court of Appeals for the Ninth Circuit, 2019) 786 Fed. Appx. 703In re Bountiful Oceans, Inc. (United States District Court, Northern District of California, 2018) 2018 U.S. Dist. LEXIS 95491Russul v. Zim Am. Integrated Shipping Servs. Co. (United States Court of Appeals for the Ninth Circuit, 2007) 2007 U.S. App. LEXIS 25264.Thornton v. Career Training Center, Inc. (California Court of Appeal, 2005) 128 Cal. App. 4th 116, 26 Cal. Rptr. 3d 723.Holland America v. Wartsila North America, Inc. (United States District Court, Western District of Washington, 2005) 2005 American Maritime Cases (AMC) 1769.Paradise Cruise, Ltd. v. Michael Else & Co. (United States District Court, District of Hawaii, 2005) 2005 American Maritime Cases (AMC) 1572.In re Air Crash at Taipei (United States District Court, Central District of California 2004) 2004 U.S. Dist. LEXIS 31075.Fitzpatrick v. Arco Marine (United States District Court, Central District of California, 2001)199 F.R.D. 663, 2001 American Maritime Cases (AMC) 1390.Keith Whiteman v. Grand Wailea Resort (United States District Court, Northern District of California, 1999) 1999 U.S. Dist. LEXIS 3594.Ross v. F/V MELANIE (United States Court of Appeals for the Ninth Circuit, 1998)1998 U.S. App. LEXIS 577.Chan v. Society Expeditions, Inc. (United States Court of Appeals for the Ninth Circuit, 1997) 1997 AMC 2713.Boykin v. Boeing (United States Court of Appeals for the Ninth Circuit, 1997) 128 F.3d 1279.Hunt v. Shipowner's Mut. Protection & Indem. (United States Court of Appeals for the Ninth Circuit, 1997) 119 F.3d 6, 1997 U.S. App. LEXIS 26074.Long v. M/V Melanie (United States District Court, Western District of Washington 1996) 918 F. Supp. 323, 1996 American Maritime Cases (AMC) 1341.Johnston v. M/V Dieu Si Bon (United States District Court, Western District of Washington 1996) 1996 U.S. Dist. LEXIS 21522,1997 American Maritime Cass (AMC) 14.Chan v. Society Expeditions, Inc. (United States District Court, Western District of Washington, 1995) 1995 American Maritime Cases (AMC) 2625., 2019

Special Licenses/Certifications:

One of 24 Certified Legal Specialists in Admiralty & Maritime Law by State Bar Board of Legal Specialization Legal Specialist Results (ca.gov) , 2023
Proctor Member, Maritime Law Association of United StatesAbout the MLA | MLAUS.org , 2023

Pro bono/Community Service:

Delegate - Oregon Bar Association House of DelegatesFelder Appointed to the Oregon State Bar House of Delegates – News Brief – Wilson Elser, 2023

Educational Background:

Harvard University - Master's Degree e in Psychology , 2022-2024
University of San Diego - MA International Relations, 1990-1991
University of Michigan, Residential College - A.B. Economics Sigma Iota Rho, Pi Sigma Alpha, 1985-1989
United States Naval Academy - appointment by President Reagan , 1985

Scholarly Lectures/Writings:

Firm News (Newsletters):

On July 14, 2020, the federal court in Los Angeles dismissed a collection of cases alleging negligent infliction of emotional distress (NIED) based solely on the proximity of passengers to individuals with COVID-19 and their claimed resulting fear of contracting the disease while quarantined aboard a cruise ship at the Port of Oakland earlier this year. The court rejected plaintiffs’ claims that they could recover for NIED based solely on their proximity and fear of contracting the disease from others with COVID-19. The court noted that if it were to adopt the plaintiffs’ position, it would run afoul of a U.S. Supreme Court decision leading “to a flood of trivial suits, and open the door to unlimited and unpredictable liability.” The court also expressed that the risk of exposing individuals to COVID-19 is not unique to cruise ships: “quite the contrary, in fact, as restaurants, bars, churches, factories, nursing homes, prisons, and other establishments across the country continue to report COVID-19 cases,” and, as such, creating a “cruise-ship exception” was not warranted. Accordingly, the court dismissed the case with prejudice finding that plaintiff-passengers could not state a claim that they were within the zone of danger to assert a NIED claim because they must allege they either contracted the disease or exhibited symptoms of it to recover for a disease-based emotional-distress claim. While this case arises out of alleged fear of exposure of COVID-19 aboard ship, the application of the rule also may be considered shoreside to dismiss similar claims of fear of contracting COVID-19, depending on the test used for NIED claims in particular jurisdictions. For more on this decision or issues related to it, please contact Otis Felder., LA Court Dismisses Cases Alleging Fear of Exposure to COVID-19 Aboard Ship, Marine
Otis Felder (Of Counsel-Los Angeles) co-authored “ABA Recent Developments in Admiralty and Maritime Law,” which appeared in the April 14, 2017, issue of the Tort Trial & Insurance Practice Law Journal, published by the American Bar Association. The article discusses noteworthy admiralty and maritime decisions issued by federal and state courts around the country, including a selection of cases reflecting trends in Rule B attachment and maritime liens, several relevant criminal decisions, developments as to marine insurance, and ongoing interpretation of the Limitation of Liability Act. It also provides a regulation update, including U.S. Coast Guard Towage Inspection Standards and Safety Policy – Subchapter M., ABA Recent Developments in Admiralty and Maritime Law, Maritime Law, Legal, Marine, Recreational Marine
Is a vessel a vessel when it’s on land? The U.S. Code says “The word ‘vessel’ includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.” The U.S. Supreme Court’s most recent case relevant to defining a vessel attempts to create a more practical approach in articulating a “reasonable observer” test in “borderline cases where ‘capacity’ to transport over water is in doubt, Duck Boat Owners Avoid Seeking Limitation, Ducking Potential Exposure to Punitive Damages, Marine, Transportation
B. Otis Felder (Of Counsel-Los Angeles) and William K. Enger (Partner-Los Angeles) have authored an article, “Conflict Continues Between Federal and State Views on Punitive Damages,” published in the November 1, 2016, issue of Benedict's Maritime Bulletin, a quarterly publication focused on the maritime law field. The authors cite the Washington Supreme Court as the first to consider whether punitive damages are available to seafarers for violation of the doctrine of seaworthiness. They discuss the general standard for proportionality of punitive to compensatory damages under general maritime law and the conflict between federal and state courts in applying the appropriate ratio of punitive to compensatory damages., Conflict Continues Between Federal and State Views on Punitive Damages, Marine, Transportation
an Stewart (Partner-Los Angeles) and Otis Felder (Of Counsel-Los Angeles) have authored an article, “Gram Shop Liability for On-Site Cannabis Consumption in California,” published in the March 1, 2017, issue of Cannabis Law Journal. Ian and Otis point out that those considering the potential development of on-site cannabis use should not only inquire as to insurance coverage but also seriously consider, as those serving alcohol have done, the development of standards and procedures involving consumption to avoid litigation, such as limiting on-site consumption to one gram per customer, obtaining agreement from on-site consumers to use car/taxi companies or public transportation as a condition of sale, and posting prominent warnings about potential impairment., Gram Shop Liability for On-Site Cannabis Consumption in California, Cannabis Law, Complex Tort

Industry Groups:

Cruise Lines
Marine Insurance
Marine Recreation
Ports

B. Otis Felder