Think Twice Before Suing Opposing Counsel: Anti-SLAPP Risks and Litigation Strategy

Join Oren Bitan, Efrat Cogan, and Elaine Cheng of Buchalter as they break down the serious risks and strategic pitfalls of suing opposing counsel in California litigation. Using the Court of Appeal’s recent decision in Ramirez v. McCormack as a springboard, this program explains how California’s anti-SLAPP statute and litigation privilege broadly protect attorneys for conduct arising out of representing their clients—including settlement negotiations and post-settlement actions. Attendees will learn why claims against opposing counsel frequently trigger early dismissal and fee-shifting, how courts analyze “petitioning activity,” and practical considerations litigators should weigh before naming opposing counsel as defendants.