(Podcast) The Briefing: IP Rights and the “Public Good” Exemption to California’s Anti-SLAPP Law: An Update
The Briefing: IP Rights and the “Public Good” Exemption to California’s Anti-SLAPP Law: An Update
Yesterday, July 17, 2024, Pennsylvania joins more than 30 states that have enacted anti-SLAPP laws, providing protection to journalists and media outlets from meritless claims....more
In the case of Martinez v. Zoom Info Technologies, the Ninth Circuit addressed the “Public Interest” exemption to California’s anti-SLAPP law. Scott Hervey and James Kachmar talk about this case on this episode of The...more
On November 30, 2023, the Colorado Court of Appeals in Tender Care v. Barnett tested the limits of Colorado’s anti-SLAPP law in considering whether an individual’s online review of a company could invoke the protections of...more
If you are considering filing a defamation lawsuit or other speech-based claim, you are likely aware that your claim may be challenged based upon free-speech principles or that the defendant may claim that their conduct is...more
Last week, the Supreme Court of Texas addressed the quantum of evidence required for a plaintiff to support a prima facie case and survive a motion to dismiss brought under the Texas Citizens Participation Act, Texas’s...more
The Colorado Court of Appeals on December 22, 2022, issued an important decision upholding the free speech rights of consumer reviewers in Colorado who honestly post about their experiences with licensed professionals....more
Yesterday's post concerned the California Court of Appeal's holding that statements made in a Form 10-K were "protected activity" under California's Anti-SLAPP statute because they were made "in connection with an issue under...more
Under California's Anti-SLAPP law, a defendant may bring a special motion to strike any cause of action "arising from any act of that person in furtherance of the person's right of petition or free speech under the United...more
Effective July 25, 2021, the state of Washington has a new anti-SLAPP statute—replacing the version that the Washington Supreme Court declared invalid in 2015. The statute restores important defenses for news organizations,...more
We work hard for our businesses, and those of you who started your own enterprise are even more deeply concerned about it than others. Which is why criticism of your business can be so frustrating....more
In a striking decision issued on July 15, 2020, the U.S. Court of Appeals for the Second Circuit held that motions to dismiss based on state Anti-SLAPP statutes, which require that plaintiffs satisfy a high standard of proof...more
In Yang v. Tenet Healthcare, Inc. (May 8, 2020, E071693) the Court of Appeal, Fourth District, Division Two (Riverside), reversed the trial court’s ruling which denied Defendant’s Motion to Strike (anti-SLAPP motion), and...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
Mark Walker, member partner in our El Paso office, authored a white paper on Texas Anti-SLAPP law. The paper serves as a guide through the history of the TCPA, an outline of its provisions and application, and a navigation...more
California Supreme Court Invalidates Agreement To Arbitrate Wage Disputes - OTO, LLC v. Kho, 2019 WL 4065524 (Cal. S. Ct. 2019) - In the most recent chapter of the ongoing saga regarding the enforceability of...more
A recent decision from the Fifth Circuit Court of Appeals in Klocke v. Watson, No. 17-11320 (August 23, 2019), appears to have answered a perennial jurisdictional question that had split federal district courts in Texas for...more
On August 23, 2019, the United States Court of Appeals for the Fifth Circuit issued its long-awaited opinion in Klocke v. Watson, 17-11320, 2019 WL 3977545, at *1 (5th Cir. Aug. 23, 2019), holding that the Texas Citizens...more
This month's key California employment law cases involve payment of wages, workplace conditions, public employment issues, and civil procedure....more
On August 23, 2019, the U.S. Court of Appeals for the Fifth Circuit issued an opinion resolving “an issue that has brewed for several years in this circuit” regarding the intersection of Texas free speech protections and...more
Following the Lead of Many Other States in the Nation, Colorado Passes Its Own Robust Statute to Curb Retaliatory Litigation for Speaking Out on Public Issues - Strategic Lawsuits Against Public Participation (“SLAPP”)...more
The California Court of Appeal affirmed dismissal of a former freelancer’s defamation and employment-related claims against the Times. Frederick Theodore Rall III, a political cartoonist and blogger for the paper, brought...more
October 15, 2018 – Blanketing Himself In First Amendment Protections, Trump Wins Dismissal of Stormy Daniels’ Defamation Suit - October 16, 2018 – Prominent Nonprofit Sues Trump For Using His Presidential Powers To Violate...more
In an opinion and order issued recently, a Nevada state court dismissed with prejudice a defamation claim brought by businessman Steve Wynn against the Associated Press (AP) and one of its reporters. ...more
How and where public officials share information is critical to whether the dissemination is “protected activity” under California’s anti-Strategic Lawsuit Against Public Participation statute, an appellate court has found....more