Biography

David Hofmayer’s practice concentrates on general business litigation, with an emphasis on insurance policy recovery disputes.

As a litigator, David’s responsibilities encompass the full scope of initial, foundational elements of assembling a case, particularly discovery. This phase of large or complex cases is exceptionally labor-intensive, but also essential to developing the evidence, facts, and strategy the balance of the proceedings rely on. In this role, he is intimately involved in both propounding and responding to discovery, as well as the subsequent document review. He also engages in discovery motion practice – drafting, replying to, and arguing discovery motions – and defends depositions.

Insurance recovery disputes follow a somewhat different trajectory. In these cases, David is a member of the team representing the insured, and is responsible for advocating for more complete reimbursement or coverage for a loss. Initially, the process begins with negotiation with the insurance company, and depending on the facts at hand, can be concluded at that state, or proceed into mediation or litigation. David is deeply involved at both an operational and a tactical level.

David has a special interest in developments in insurance recovery that arise from rapidly-advancing technology. As one example, as the use of autonomous vehicles becomes more widespread, the personal liability typically contemplated by insurance policies will be significantly decreased, but there will be corresponding increases in product liability claims, including against parties in the supply chain who provided components but were not directly involved in a specific incident. These parties will need to reconsider their insurance requirements. As another, cyberinsurance will be rapidly-expanding area of coverage and disputes, as data breaches and hacking become more widespread. David has both blogged and spoken about these topics, and has an ongoing interest in exploring the strategic implications to his clients of advances in technology, and the corresponding changes (or lack thereof) in the insurance that protects them.

David served as a legal intern with the U.S. Department of Labor in the New York Regional Solicitor’s Office.

Firm Highlights

Publication

Time to Check Your Cyber Insurance

Now that the CCPA is in effect, some companies will need to revise their policies. The cyber insurance markets are beginning to adapt to the new California Consumer Privacy Act (CCPA) which went into...

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Publication

Another Federal Circuit Finds Phishing Loss Covered Under Crime Policy

Companies of all sizes have fallen victim to attacks whereby fraudsters will use deceptive communications, such as spoofed emails, to trick an employee into transferring money into the fraudsters’ control. While these increasingly prevalent...

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Event

2020 ABA National Symposium on Technology in Labor & Employment Law

Rebecca Stephens will be speaking at the 2020 ABA National Symposium on Technology in Labor & Employment Law session, "Marijuana in the Workplace." Details: According to a 2018 Pew Research Survey, 62 percent of...

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Publication

Weed at Work: Understanding Legalized Marijuana in the Office

Click here  for the audio recording of the webinar "Weed at Work: Understanding Legalized Marijuana in the Office."

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Publication

Strategy Lessons From Wells Fargo Fintech Patent Litigation

United States Automobile Association (USAA) is a financial services company that provides insurance, banking, investment, and retirement products and services for members of the military and their families. On June 7, 2018, USAA filed...

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News

North Bay Wineries Taking Insurers to Court Over Denied Smoke Taint Claims

Tyler Gerking, chair of Farella's Insurance Recovery Group, was quoted in the Napa Valley Register article, "North Bay Wineries Taking Insurers to Court Over Denied Smoke Taint Claims." In the article, Tyler said he would expect...

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News

Gov't Drops IP Theft Charges Against Ex-Jawbone Workers

Law360 reported that the U.S. Attorney’s Office for the Northern District of California in San Jose moved to dismiss all trade-secret-theft charges against the remaining four defendants in what was originally a six-defendant case...

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News

Sushila Chanana Named to 2020 Leadership Council on Legal Diversity Fellows Program

SAN FRANCISCO, February 13, 2020: Farella Braun + Martel is proud to announce that Sushila Chanana has been named a member of the 2020 class of Fellows participating in a landmark program created by...

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Event

Risk Management Summit for Agriculture and Cannabis

Rebecca Stephens will be presenting the topic "A Closer Look at Ag/Cannabis Employment Issues Surfacing in 2020" at Newfront Insurance's Risk Management Summit for Agriculture & Cannabis. Join us for a free, all-day event...

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Event

7th Annual Partner Compensation One-Day Workshop

Brian Donnelly is presenting the case study session, "Managing Partner Performance" at Fairfax Associates' 7th Annual Partner Compensation One-Day Workshop. Click here for more information.

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