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

News

Farella Braun + Martel Deepens Environmental Practice With Partner Donald Sobelman

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Event

CalCPA: Wine Industry Conference

Lauren Gilbreth will present the session "Succession Planning" at the CalCPA - Wine Industry Conference. The ever dynamic wine industry is fraught with complicated tax, labor and accounting issues. Please join us as we...

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News

Jeff Fisher Named Among California’s 2019 Top Trade Secrets Lawyers by the Daily Journal

SAN FRANCISCO, October 9, 2019: Farella Braun + Martel is proud to announce that Jeffrey M. Fisher was named among the “Top Trade Secrets Lawyers” in California by the Daily Journal . Fisher has...

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Event

Litigating Civil and Criminal Trade Secret Cases: Trends, Best Practices, and Lessons Learned

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Publication

What Employers Should Know About the California Consumer Privacy Act Taking Effect January 1, 2020

On January 1, 2020, the California Consumer Privacy Act (CCPA), a consumer-friendly privacy law inspired by the European Union’s General Data Protection Regulation, is set to take effect. The CCPA is aimed towards bolstering...

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Publication

Securing Against Trade Secret Pitfalls and Dangers Arising From Employee Mobility Situations

Published on ACCDocket.com . By Walt Norfleet, Smiths Group plc and Eugene Y. Mar, Farella Braun + Martel LLP Picture this: Your company is in a highly competitive industry with several leading players heavily supported...

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Publication

San Francisco Now Requires 100% Renewable Energy for Commercial Buildings

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Event

PFAS Litigation Conference

Sarah Bell will be speaking at Law Seminars International's PFAS Litigation Conference program, "Lines of Defense" on December 10. Details: Assessing and choosing among the legal options for defending toxic tort, mass tort, and...

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News

Benchmark California 2020 Ranks Farella Among Top Litigation Firms

Doug Young named among Top 20 Trial Lawyers in California SAN FRANCISCO, October 16, 2019: Farella Braun + Martel continues to be ranked among the top litigation firms by Benchmark California 2020, a guide...

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Publication

Reimbursement of Employment-Related Expenses Is Not a “Wage and Hour” Claim Within the Meaning of EPLI Exclusion

A recent California appellate court decision found that a wage and hour exclusion in an Employment Practices Liability Insurance (“EPLI”) policy did not bar coverage for claims under California Labor Code sections 2800 and...

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