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Anti-SLAPP Breach of Contract

Proskauer - California Employment Law

November 2023 California Employment Law Notes

We invite you to review our newly-posted November 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law...more

Patterson Belknap Webb & Tyler LLP

Recent Commercial Division Decision Explores Interactions Between New York’s Amended Anti-SLAPP Law and Breach of Contract Claims

On June 9, 2023, Justice Robert Reed of the New York State Court, Commercial Division, issued a decision in Trump v. Trump, 192 N.Y.S.3d 891 (Sup. Ct. N.Y. Cnty. June 9, 2023). This decision largely denied Mary Trump’s motion...more

Proskauer - California Employment Law

January 2023 California Employment Law Notes

Age/National Origin Case Was Properly Dismissed Despite “Direct Evidence” Of Discriminatory Animus - Opara v. Yellin, 57 F.4th 709 (9th Cir. 2023) - Joan Opara was terminated from her employment as an IRS revenue...more

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2021 – 2022

A review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels in 2021 and 2022. Governance - Striltschuk v. Hryckowian, 202 A.D.3d 497, 160 N.Y.S.3d 56 (2022) - ...more

BakerHostetler

AD-ttorneys@law - October 2022

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Whether you’re a hardened business air warrior or someone who takes the occasional vacation flight, you’re conscientious. You understand that air travel makes a heavy contribution to CO2 emissions, and you’re wondering what...more

McDermott Will & Emery

Breach of Confidentiality Claim Survives Motion to Dismiss under Anti-SLAPP Law

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The Court of Appeals of Texas (Fourth District) upheld a trial court’s order denying a motion to dismiss a breach of confidentiality agreement claim pursuant to the Texas Citizens Participation Act (TCPA), which is designed...more

Hinshaw & Culbertson - Lawyers for the...

California Appellate Court Denies Anti-SLAPP Motion and Sanctions Attorney with "Tunnel Vision"

A California appellate court affirmed the trial court's conclusion that a lawyer's anti-SLAPP motion was frivolous because the filing was not an issue of public interest, nor was it litigation activity. He was accordingly...more

Goulston & Storrs PC

Law of the Land - Real Estate Litigation Newsletter - September 2021, Volume I, Issue IX

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CASES OF NOTE - UPHILL BATTLE FOR RETAIL CANNABIS APPLICANTS  - Mederi, Inc. v. City of Salem, 488 Mass. 60 (2021) Summary: In Mederi, Inc. v. City of Salem, the Massachusetts Supreme Judicial Court grappled with...more

Snell & Wilmer

California Construction Law Update for 2021

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In the 2020 COVID-19 year, there were not that many construction-related cases decided by the California Courts of Appeal, and none by the California Supreme Court. However, there were a number of interesting cases that raise...more

Perkins Coie

Anti-SLAPP Motion May Not Be Based on Speech Activities Merely Incidental to Asserted Claims

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An anti-SLAPP motion was properly denied because the claims for damages arose from breach of contract and tort actions, not from any protected First Amendment activity. Oakland Bulk and Oversized Terminal, LLC v City of...more

Allen Matkins

Court Finds Film Investor's Lawsuit Targeted Defendants' Free Speech Rights

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The introductory paragraph in Ojjeh v. Brown, 2019 Cal. App. LEXIS 1304, suggests that the case may involve allegations of securities fraud...more

Sheppard Mullin Richter & Hampton LLP

Anti-Slapp Statute Does Not Apply To Allegations That Insurer Improperly Refused To Provide Cumis Counsel

Miller Marital Deduction Trust v. Zurich American Insurance Company, — P.3d –, 2019 WL 5304862; First Appellate District Court of Appeal, Division Three, Case No. A155398 (October 21, 2019). In Miller Marital Deduction...more

Pillsbury - Policyholder Pulse blog

California Puts Teeth into Confidentiality Provisions. Lawyer Gets Bitten.

claims often end in confidential settlements, as do many insured liabilities. But does it matter if lawyers sign a settlement agreement approving “as to form and content”? Last month, the California Supreme Court answered...more

McDermott Will & Emery

Texas Trade Secret Law May Protect Free Speech, But Not In This Case

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The Third District of the Texas Court of Appeals held that an action by an employer against a former employee for breach of contract and trade secret misappropriation fell within the commercial speech exemption of the Texas...more

Proskauer - New Media & Technology

New California Court Decisions Showcase Robust CDA Immunity

Three recent court decisions reaffirm the expansive immunity awarded to online providers that host third-party content under Section 230 of the Communications Decency Act (“CDA”), 47 U.S.C. § 230(c): California’s Superior...more

Gray Reed

The TCPA Revisions Are Good for (Not Only) the Oil Business

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As mentioned last week, the 86th Legislature amended the Texas Citizens Participation Act, Texas’ Anti-SLAPP law and defendants’ go-to weapon of destruction in a diverse range of cases....more

Seyfarth Shaw LLP

Former Employee Accused of Spilling Secret Beer Recipe in Furtherance of Class Action Cannot Strike Claims Under Anti-SLAPP...

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Last week, the Ninth Circuit finally ruled that a former Anheuser-Busch employee cannot avoid claims filed by the brewer alleging misappropriation of trade secrets and breach of a nondisclosure agreement, the latest in a long...more

Nutter McClennen & Fish LLP

Judge Davis Ruling Provides Guidance on Anti-SLAPP Motions to Dismiss Involving Contract Claims

Judge Davis’s recent denial of an anti-SLAPP motion to dismiss provides helpful guidance on how to distinguish between counterclaims used as solely as a “cudgel” and meritorious claims in breach of contract cases. The ruling...more

Seyfarth Shaw LLP

Hold My Beer: Ninth Circuit Hears Oral Argument In Trade Secret/Anti-SLAPP Row For A Second Time

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A Ninth Circuit panel consisting of Judges A. Wallace Tashima, Johnnie B. Rawlinson, and Paul J. Watford recently heard oral argument in Anheuser-Busch Companies v. Clark, 17-15591, concerning the denial of a former...more

Jackson Lewis P.C.

Court Holds That Attorney Is Not Bound By Confidentiality Provision

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On August 13, 2018, the California Fourth District of Appeal held in Monster Energy Company v. Schechter that an attorney who signed his client’s settlement agreement under the phrase “approved as to form and content” was...more

Haight Brown & Bonesteel LLP

Attorneys’ “Professional Thumbs-Up” to Settlement Agreement by Approving as to "Form and Content” is Insufficient to Impose...

In Monster Energy Co. v. Schechter, et al. (No. E066267 – 8/13/2018), the Fourth Appellate District reversed the trial court’s partial denial of the attorney defendants’ (“Attorneys”) underlying special motion to strike...more

Nutter McClennen & Fish LLP

Claim for Breach of Non-Compete Agreement Survives Anti-SLAPP Motion to Dismiss

In a dispute between a former employee and former employer over violation of a non-compete/non-disclosure agreement and other related claims, Judge Salinger denied the employee’s motion to dismiss under Massachusetts’...more

Seyfarth Shaw LLP

The Texas Court of Appeals for the Third District Holds that the Texas Anti-SLAPP Statute Applies to a Conspiracy to...

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The Texas Court of Appeals, Third District, issued an opinion in Tejas Vending, LP, et al. v. Tejas Promotions, LLC further delineating the applicability of Texas’s anti-SLAPP statute, the Texas Citizens Participation Act...more

Gray Reed

Texas Anti-SLAPP Statute Stalls Lessee’s Counterclaim

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It is often a worthy strategy for the lessee to be aggressive with counterclaims against the lessor. Lessees should think twice about that strategy if it means complaining about the lessor’s public statements. In Lona Hills...more

Davis Wright Tremaine LLP

The 2017 Roundup of California Anti-SLAPP Appellate Decisions

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

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