A cautionary tale: "Judge OKs Suit Against Firm for YouTube Video"

On Monday, the Recorder had this report on a defamation suit filed against a law firm (and one of its attorneys) based on statements they made in a YouTube video in an attempt to identify additional class representatives for a class action lawsuit they were handling.  In an order dated January 19, 2010, Judge Harold Kahn denied the defendants' anti-SLAPP motion, allowing the suit to proceed.  (Link courtesy of the Recorder.)

What may surprise some is that the law firm in question has over 100 lawyers and is best known as a defense firm. 

This is not the first time a large firm that normally represents defendants has ventured into plaintiff-side class action work.  What I would recommend to such firms, however, is that you co-counsel with experienced plaintiff-side attorneys.  I've done work on both sides, and the approach is different.  Also, most plaintiff-side lawyers are extremely careful not to say anything that might be construed as defamatory of the defendant we're investigating.  An experienced plaintiff-side firm can help you navigate the treacherous plaintiff waters.  I'd be happy to co-counsel in an appropriate case with any of my defense-side compatriots who are considering plaintiff-side work.