News & Analysis as of

Anti-SLAPP Settlement Agreements

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

Dorsey & Whitney LLP

The California Supreme Court (and Court of Appeals) - August 29 - September 2, 2022

Dorsey & Whitney LLP on

The California Supreme Court issued the following decisions last week: Hoffmann v. Young, et al., Case No. S266003: Under Civil Code section 846, landowners generally owe no duty of care to keep their property safe for...more

ArentFox Schiff

Class Actions Quarterly Update: Fashion and Retail Quarterly Update

ArentFox Schiff on

In this issue of the Arent Fox Class Action Quarterly Update, we will be focusing on one recent California Supreme Court decision and two court of appeal decisions impacting the fashion and retail industries. Key Retail...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Negotiating and Enforcing Anti-Disparagement Clauses: A Primer for Employers

Severance and litigation settlement agreements often include a provision that prohibits one or more of the parties from making “disparaging” statements about the other. Such non-disparagement clauses are commonly used, but...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

Allen Matkins

"Approved As To Form" Is No "Sick Chicken"

Allen Matkins on

Attorneys often sign settlement agreements under the words "approved as to form" or "approved as to form and content". In signing the settlement agreement, an attorney may not expect to be bound by the settlement, but should...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

Jackson Lewis P.C.

Court Holds That Attorney Is Not Bound By Confidentiality Provision

Jackson Lewis P.C. on

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

Hinshaw & Culbertson LLP

Anti-SLAPP Applies to Concealment Claim

Suarez v. Trigg Laboratories Inc., Court of Appeal, Second District, Division 4, California, September 7, 2016, Case No. B26511 - The California Court of Appeal for the Second District holds that anti-SLAPP statute...more

Haight Brown & Bonesteel LLP

Cumis Counsel’s Post-Settlement Conduct is Not Protected from Insurer’s Reimbursement Lawsuit Under California’s Anti-SLAPP...

In Travelers Cas. Ins. Co. of Am. v. Hirsh (No. 14-55539), the United States Court of Appeals for the Ninth Circuit upheld an order denying the appellant’s motion pursuant to California’s anti-SLAPP statute, to strike...more

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