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 Represents Mission Clean Energy in Financing Deal

Northern California legal powerhouse Farella Braun + Martel advised utility scale renewable energy developer Mission Clean Energy, LLC in connection with private equity firm Wafra Inc.’s acquisition of a controlling interest in Mission Clean...

Read More
Event

Legal Ethics in a Hybrid Work Environment

Sarah Bell is speaking at the ethics plenary session "Legal Ethics in a Hybrid Work Environment" at the ABA's 2023 Environmental & Energy, Mass Torts, and Products Liability Litigation Committees’ Joint Regional CLE Program. Session Overview: Post-COVID, we now...

Read More
Publication

Highlights from 2022 Unified Patents Corporate IP Strategy Conference

Recently, several Farella lawyers attended the 2022 Corporate IP Strategy Conference, co-hosted by the Santa Clara University High Tech Law Journal and Unified Patents. Eugene Mar, Erik Olson, Dan Callaway, and Tom Pardini enjoyed...

Read More
Publication

California Extends Presumption of COVID-19 as Workers’ Compensation Injury and Modifies Notice Requirements for Potential Exposure

In addition to AB 152 extending COVID-19 leave through December 31, 2022 , Governor Gavin Newsom has also signed into law two other COVID-related bills—AB 1751 and AB 2693—affecting employers’ policies regarding employees who...

Read More
News

Ashley Breakfield Elected 2023 President-Elect of CREW SF

Ashely Breakfield Headshot
Read More
News

Farella Braun + Martel Earns 2023 U.S. News – Best Lawyers® "Best Law Firms" Rankings

Read More
News

Farella Receives American Antitrust Institute 2022 Antitrust Enforcement Award

Northern California legal powerhouse Farella Braun + Martel is proud to announce that it has received a 2022 Antitrust Enforcement Award for “Outstanding Antitrust Litigation Achievement in Private Law Practice” from the American Antitrust...

Read More
Publication

Nonprofit Basics: Supporting Organizations - Part 1

Welcome to EO Radio Show – Your Nonprofit Legal Resource . This episode is the first of two parts that discuss the definition of supporting organizations as a special type of public charity. All...

Read More
Event

Plastics and Recyclability Claims

Elisabeth Dorsi is moderating the plenary session "Plastics and Recyclability Claims" at the ABA’s 2023 Environmental & Energy, Mass Torts, and Products Liability Litigation Committees’ Joint Regional CLE Program. Session Overview: This panel will discuss the...

Read More
Publication

California Attorney General’s Office Files PFAS Lawsuit

The California Attorney General’s Office has turned its focus to PFAS, filing litigation that is likely to be one of the larger of the hundreds of PFAS-related lawsuits currently pending throughout the country. On...

Read More