Bergstein v. Stroock & Stroock & Lavan LLP

In Bergstein v. Stroock & Stroock & Lavan LLP (2015) 236 Cal.App.4th 793, the plaintiffs sued the lawyers who had represented their adversaries in litigation over financial transactions. The lawyer defendants filed an anti-SLAPP motion. In opposition, the plaintiffs argued "their claims did not arise from protected activity" because the defendants had "participated in the theft of confidential and privileged documents and information, and in the unlawful purchase of claims" to force a bankruptcy in violation of federal law. (Bergstein, supra, 236 Cal.App.4th at p. 802.) The plaintiffs submitted more than 2,000 pages of documents, including e-mails among the lawyers and others. The trial court granted the motion and the Court of Appeal affirmed. The court discussed Flatley v. Mauro (2006) and many other cases, concluding the illegality exception applies to statutory violations that constitute criminal conduct and that, in any event, the record did not establish the defendants' conduct was illegal as a matter of law.