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

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Think Twice Before Suing Opposing Counsel: Anti-SLAPP Risks and Litigation Strat
About the Program

This program breaks 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, the 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.

Speaker(s)
Elaine Cheng

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Buchalter

Elaine Cheng is an Attorney in the Los Angeles office of Buchalter and a member of the firm’s Litigation practice group. She previously served as a Summer Associate and Law Clerk at Buchalter and was a Production Editor and Staff Editor for the Loyola of Los Angeles International and Comparative Law Review while attending Loyola Law School, Los Angeles. Ms. Cheng brings a diverse professional background that includes intellectual property and technology experience at Baker McKenzie in Hong Kong, as well as prior experience in finance, consulting, and education.

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Efrat Cogan

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Buchalter

Efrat M. Cogan is Of Counsel at Buchalter and a Certified Appellate Specialist by the California State Bar of Legal Specialization, with extensive experience handling appeals before a variety of courts in matters involving land use, real estate, probate, sports law, commercial disputes, products liability, and employment law. In addition to her appellate practice, she litigates complex cases including construction and real estate disputes, nuisance and easement claims, governmental and constitutional law matters, class actions, and commercial and copyright litigation, drawing on her experience representing both municipalities and developers. A prolific author and frequent contributor to leading legal publications, Ms. Cogan has been consistently recognized by Super Lawyers, including multiple selections to Southern California’s Super Lawyers and “Top 50 Women in Law,” and currently serves on the California State Bar’s Advisory Commission.

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Oren Bitan

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Buchalter

Oren Bitan is a Partner in Buchalter’s Los Angeles office, where he serves as co-chair of the Los Angeles Litigation Department, the firm’s Fiduciaries, Receivers & Trustees group, and its Cannabis & Hemp industry group, and is widely recognized as a leader in complex commercial and high-stakes litigation. A trusted advisor to lenders, investors, fiduciaries, and regulated businesses, he has first-chaired numerous trials and arbitrations, secured multiple eight-figure verdicts and judgments, led hundreds of state and federal receiverships, and successfully argued matters before the California Court of Appeal and the Ninth Circuit, resulting in several published, precedent-setting decisions. Oren has received numerous honors from the Los Angeles Times and Los Angeles Business Journal, serves in leadership roles with prominent legal organizations, and brings a unique background in media and entertainment from his early career as a film distribution executive.

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Accreditation
Credit Hours:
1.00
Specialty Area:
None
Credit Type:
General
Original Air Date:
February 24, 2026
Accredited in:
California
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