Ronald (Ron) M. Green and Alexander C.B. Barnard, Members of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s New York office, co-authored an article in the New York Law Journal, titled “Preemptive Litigation: A Potential Approach for a Precise Situation.” (Read the full version – subscription required.)
Following is an excerpt:
Enter the concept of preemptive filing. Your client sues the putative plaintiff first. It’s a strategy that has been employed by high-visibility plaintiffs who have, for example, filed declaratory judgement actions to dispute allegations of sexual assault—after being hit with a demand letter seeking a multi-million dollar payment, and before being hit with a lawsuit—over concerns of irreparable harm to “reputation, family, career, and livelihood.” In November, an anonymous public figure filed suit against an attorney claiming a shakedown; the attorney claims the suit is without merit.
But wait—preemptive filing could lock in a potentially (very public) lawsuit, right? What practical options do you and your client really have? Read on.
