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Nonprofit Volunteer Sues DLA Piper for Malicious Prosecution in Chipotle-Referred Fraud Case

Published
Score
10

Why it matters

Jeremy Whiteley, a former nonprofit volunteer board member, filed a malicious-prosecution complaint against DLA Piper on May 8, 2026, in California state court. Whiteley alleges the firm aggressively pursued a Computer Fraud and Abuse Act lawsuit against him at the behest of Chipotle's then-general counsel, who referred the matter. The underlying CFAA case, which Whiteley successfully defended, allegedly lacked merit. Whiteley seeks damages of $1.8 million in defense costs incurred during the litigation.

The specific California venue and current status of the complaint remain unclear. Details regarding DLA Piper's response and the precise factual allegations underlying the original CFAA lawsuit have not been disclosed.

The case raises questions about potential conflicts of interest when law firms litigate matters primarily to retain high-profile clients, and whether aggressive prosecution of weak claims exposes firms to malicious-prosecution liability. For in-house counsel, the filing underscores the importance of scrutinizing referrals to outside counsel and ensuring litigation decisions rest on legal merit rather than client relationship management. The $1.8 million damages claim signals courts may hold Big Law accountable for litigation tactics driven by client retention concerns rather than case strength.

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