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Directors’ Alleged Breach Of Fiduciary Duty Not Subject To Anti-SLAPP Statute

A SLAPP is a strategic lawsuit against public participation. California enacted Code of Civil Procedure Section 425.16 as an antidote to SLAPP suits. In general, a SLAPP is subject to a special motion to strike unless the...more

SLAPP’d in Los Angeles: A Guide to California’s Anti-SLAPP Law

This post is the first in a series on California’s anti-SLAPP law from the perspective of Los Angeles appellate and trial attorney, Jeffrey Lewis. What is a SLAPP? ...more

Inside The Courts - March 2014 | Volume 6 | Issue 1

In This Issue: - U.S. SUPREME COURT: ..Lawson v. FMR LLC, No. 12-3 (U.S. March 4, 2014) ..Chadbourne & Parke LLP v. Troice, No. 12-79 (U.S. Feb. 26, 2014) - CLASS CERTIFICATION: ..In re BP...more

Litigating the Malicious Prosecution Case

Powerpoint Presentation by Jeffrey Lewis on tips for litigating Malicious Prosecution actions in California...more

Financial Reform Group Files Suit Challenging Largest DOJ RMBS Settlement

On February 10, Better Markets, a public interest non-profit organization, announced the filing of a lawsuit in the U.S. District Court for the District of Columbia challenging a November 2012 settlement obtained by the DOJ...more

Religious Institutions - February 2014

Who owns the "church?" For most, this is an odd question. As children, many of us folded our hands and repeated a rhyme: "Here is the church. Here is the steeple. Open the doors and see the people." Nevertheless, for well...more

Police Concern About Public Safety Sufficient To Justify Shutdown Of Speech At School

In a lawsuit arising out of a well-publicized incident in West Michigan, Agema v. City of Allegan involved a lawsuit by former Michigan State Representative David Agema and others against the City of Allegan and others...more

Trends in New Jersey Employment Law - February 2014

Appellate Division Roundup - In recent months, New Jersey's Appellate Division has rendered three significant employment law decisions. State v. Saavedra, No. A-1449-12T4, 2013 N.J. Super. LEXIS 185 (App. Div....more

Motion to Strike Under Anti-SLAPP Statute Erroneously Granted in Connection With Conversion, Unjust Enrichment and Breach of...

A motion to strike under California’s anti-SLAPP statute was filed in response to a lawsuit initiated by beneficiaries against a trustee and executor of an estate. The United States Court of Appeals for the Ninth Circuit...more

Sixth Circuit in Carter Refuses to Defer to HUD’s RESPA Guidelines

In a decision two years in the making, on Wednesday, November 27, 2013, the Sixth Circuit Court of Appeals brought some clarity to the use of affiliated business arrangements (“ABAs”) under Real Estate Settlement Procedures...more

How An Oil And Gas Scammer Avoided Justice

Scoundrels often get away with their crimes by scamming lots of victims for small amounts, so that no one investor can afford to prosecute his claim. Big Rock Investors Association v. Big Rock Petroleum, Inc. was an...more

In re Quest Software, Inc., S'holders Litig., C.A. No. 7357-VCG (Del. Ch. Nov. 12, 2013) (Glasscock, V.C.)

In this letter opinion, the Court of Chancery addressed plaintiffs’ application for attorneys’ fees under the corporate benefit doctrine in the context of a mooted litigation. Plaintiffs sought a $2.8 million fee award. The...more

Second Circuit Says Injured Investors Lack Standing to Challenge Release of Fair Funds to US Treasury

The US Court of Appeals for the Second Circuit recently held that injured investors, who had already recovered some of their losses due to certain specialist firms’ “manipulative tactics,” lacked standing to challenge the...more

California Court of Appeal Holds That Challenges to Corporate Elections Under Corporations Code Section 709 May be Predicated Upon...

In Morrical v. Rogers, No. A137011, 2013 Cal. App. LEXIS 811 (Cal. App. Oct. 10, 2013), the California Court of Appeal, First District, held that the summary procedures set forth in California Corporations Code § 709 may be...more

Huff v. Longview Energy Co., C.A. No. 8453-CS (Del. Ch. Aug. 12, 2013) (Strine, C.)

In this letter opinion, the Court of Chancery granted the defendant corporation’s (“Longview”) motion to dismiss the complaint of two of its directors (the “Directors”), who sought indemnification from Longview, because the...more

New York District Court Trims GMO Class Action Against Frito-Lay Over “All Natural” Labels

Last week, a New York federal court dismissed numerous claims against Frito-Lay North America, Inc. in a multidistrict class action over “all natural” labels on Frito-Lay products such as Tostitos, SunChips and Fritos Bean...more

Anti-SLAPP "protected activities" include filing of unlawful detainer actions

In Trapp v. Naiman, the California Court of Appeal for the Fourth Appellate District decided an interesting real property case. The case began as a non-judicial foreclosure and unlawful detainer matter. The case then morphed...more

Public Employees Ruled Immune From Liability When Acting In Legislative Or Discretionary Capacity, Even If Fraud, Corruption, Or...

After landowners spent three years securing planning commission approval for a proposed senior living facility project, the city council rejected the project in the face of community opposition. The landowners sued, alleging...more

In re Quest Software Inc. S'holders Litig., C.A. No. 7357-VCG (Del. Ch. July 3, 2013) (Glasscock, V.C.)

In this decision, the Court of Chancery denied plaintiffs’ motion to compel the discovery of privileged documents and communications, finding that the “at issue” exception to the attorney-client privilege did not apply and...more

Second Circuit Affirms Dismissal of Madoff Trustee’s Common Law Claims

The US Court of Appeals for the Second Circuit affirmed the district court’s dismissal of common law claims brought by Irving H. Picard (Trustee), trustee for Bernard L. Madoff Investment Securities (BLMIS), against several...more

Securities Class Representative Cannot Object to Bankruptcy Release on Behalf of Class

The US District Court for the Southern District of New York affirmed an order rejecting an objection to the confirmation of a Chapter 11 Plan of Reorganization for Dynegy, Inc. and Dynegy Holdings, LLC (together, Dynegy) for...more

Inside The Courts - June 2013 | Volume 5 | Issue 2

In This Issue: - AUDITOR LIABILITY - CLASS ACTIONS - CONFIDENTIAL WITNESSES - DEMAND FUTILITY - DERIVATIVE LITIGATION - FEDERAL TORT CLAIMS ACT - FOREIGN CORRUPT PRACTICES ACT - INSIDER TRADING...more

Updated Version "The Texas Anti-SLAPP Statute: Issues for Business Tort Litigation," by Mark C. Walker, 7th Annual Bill of Rights...

In this issue: - Table Of Contents - Table Of Authorities - I. Introduction. - II. Texas Citizens Participation Act: What is it? - A. Background and Enactment of the TCPA. - 1....more

Sanctions Are Issued Where Court Determines That Special Motion To Strike Was Filed For Improper Purpose

In Kleveland v. Siegel & Wolensky LLP, 2013 DAR 4961(2013) the California Courts of Appeal for the Fourth Appellate District affirmed the denial of a special motion to strike and the award of costs and attorney fees as...more

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