In May of 2021, the California Supreme Court in Administrative Order 2021-05-26 announced a rule change to make it easier for the public to view clemency files for twice-convicted felons. The new rule rejects the decades-old...more
Earlier this month, President Biden issued two executive orders designed to address risks allegedly posed by Chinese technology companies. One order rescinds President Trump's orders banning TikTok, WeChat, and other Chinese...more
In 2019, California’s appellate courts issued 42 published opinions interpreting the state’s anti-SLAPP statute. Cal. Civ. Proc. § 425.16 et. seq. Litigants filed at least 435 anti-SLAPP motions in California’s trial courts...more
San Francisco police made national news May 10 when officers burst into a journalist’s house using sledgehammers and kept him handcuffed for hours while they ransacked his home and office. It was a shocking attack on the free...more
The California Supreme Court unanimously decided earlier in the year that in ruling on an anti-SLAPP motion, the context of a defendant’s statement—such as the commercial nature of the statement, the identity of the speaker,...more
In 1972, the Sierra Club brought suit in California to temporarily halt logging in a primitive forest to try to prevent despoliation that might have prevented the forest from being considered as a national wilderness area. ...more
The California Supreme Court unanimously decided on Monday that in ruling on an anti-SLAPP motion, the context of a defendant’s statement – such as the commercial nature of the statement, the identity of the speaker, the...more
The California Supreme Court unanimously decided last week that in ruling on an anti-SLAPP motion, California courts should accept the opponent’s documentary evidence even if it would not be admissible at trial in the form...more
In a closely watched case, the California Supreme Court on Monday confirmed it will continue to broadly interpret the immunity provided by Section 230 of the Communications Decency Act, 47 U.S.C. § 230. Hassell v. Bird,...more
In 2017, California’s state and federal appellate courts issued 34 published opinions interpreting the state’s anti-SLAPP statute (C.C.P. § 425.16 et. seq.) and more than 169 unpublished appellate opinions. The California...more
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
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
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
9/22/2015
/ California Privacy Rights Act (CPRA) ,
City Councils ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Digital Media ,
Fair Use ,
Injunctive Relief ,
Online Videos ,
Public Meetings ,
Public Records ,
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
8/26/2015
/ Attorney's Fees ,
City Councils ,
Copyright ,
Copyright Infringement ,
Fair Use ,
First Amendment ,
Injunctive Relief ,
Motion to Dismiss ,
Public Records ,
Public Records Act ,
YouTube
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
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
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
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
11/18/2014
/ Commerce Clause ,
Communications Decency Act ,
COPPA ,
Corporate Counsel ,
Federal Trade Commission (FTC) ,
First Amendment ,
Internet Service Providers (ISPs) ,
Marketing ,
Minors ,
Personally Identifiable Information ,
Popular ,
Websites
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
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
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
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
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