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The 2016 Roundup of Key California Anti-SLAPP Decisions

In 2016, the California Supreme Court and the Ninth Circuit Court of Appeals issued important opinions interpreting California’s anti-SLAPP statute (C.C.P. § 425.16 et seq.), once again broadly construing its application. See...more

2015: A Year-End Review of Litigation Using California’s Anti-SLAPP Statute

Annually, California’s Courts of Appeal and the Ninth U.S. Circuit Court of Appeals regularly issue several dozen published opinions interpreting California’s anti-SLAPP statute, Civil Procedure Section 425.16 et seq., and...more

Federal Court Nixes City’s Attempt to Use Copyright Law to Curtail Critic’s Speech on YouTube

A California city cannot hold one of its citizens liable for copyright infringement for using clips of city council meetings in his critical YouTube videos, a federal judge has ruled. The August 20, 2015 order in City of...more

Court Dismisses City’s Copyright Claim Against Critic for Using Council Meeting Clips in YouTube Videos

A California city cannot hold one of its citizens liable for copyright infringement for using clips of city council meetings in his critical YouTube videos, a federal judge has ruled. The August 20, 2015, Order in City of...more

Penalty! The California Court of Appeal Calls Foul on the NCAA’s Attempt to Seal Records of the USC/Reggie Bush Investigation

In a significant victory for open court filings, the California Court of Appeal rejected an effort by the National Collegiate Athletic Association (“NCAA”) to seal 400 pages of documents in a dispute between the NCAA and a...more

IRS Ordered to Make Non-Profit Form 990s Available In a Useful Electronic Format

Federal agencies cannot avoid their obligation to disclose public records in modern electronic formats merely by invoking budgetary constraints, a judge has ruled in a rare decision exploring the scope of the Electronic...more

4/20/2015

Court Denies Request to Release a Video Deposition of Steve Jobs Shown During Trial

While sitting for a videotaped deposition, in one of his last public appearances, the late Apple CEO Steve Jobs swiveled impatiently in his chair and answered questions regarding Apple’s digital rights management technology...more

California’s “Online Eraser” Law for Minors to Take Effect Jan. 1, 2015

On Jan. 1, 2015, California’s “Online Eraser” law will take effect, requiring websites and other online service operators to delete on demand any content posted by minors. The law also prohibits such operators from sharing...more

European Union’s Highest Court Rules Google Must Remove Links Containing Personal Data

In a significant and concerning decision, the European Court of Justice (“ECJ”) has endorsed the so-called “right to be forgotten” and ruled that, in some circumstances, search engines can be compelled to remove search result...more

Ninth Circuit Recognizes Copyright Interest in Actor’s Performance in Response to Fatwa to Justify Takedown of Video

The Ninth Circuit became the first federal appellate court to hold that an actor has a copyright interest in her performance, holding that a district court abused its discretion in denying a motion for preliminary...more

Ninth Circuit Declines to Reconsider Applicability of Anti-SLAPP Statute in Federal Court

Thanksgiving arrived early for those who use California’s anti-SLAPP statute to fight meritless claims targeting free speech and petition rights. On Nov. 27, 2013, the Ninth Circuit Court of Appeals refused to reconsider its...more

New California Law Protects Journalist’ Records Held By Third Parties

Journalists in California must now receive advanced notice if their records are being subpoenaed either directly from them or through a subpoena issued to a third party. California’s new law—an amendment to California Civil...more

California Court of Appeal Holds That a Private Conservator is a Public Official; Finds No Actual Malice Shown in Claim Based on...

A conservator appointed by the court to temporarily handle certain affairs of an elderly woman is a “public official” for purposes of defamation law who has to meet the “actual malice” standard to survive an anti-SLAPP...more

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