(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
Ever since the landmark case New York Times Co. v. Sullivan, 376 U.S. 254 (1964), to succeed on a defamation claim, plaintiffs who are also public figures have a constitutional requirement to show that the defendant acted...more
The European Union's Directive 2024/1069 (the "Directive") aims to protect individuals and organizations engaged in public participation (such as NGOs, journalists and academics) from strategic lawsuits against public...more
Although the threat of COVID-19 (remember that?) seems to have diminished considerably over the past five years, once upon a time in Hollywood many production companies (along with other employers) required employees to be...more
U.S. Eleventh Circuit Court of Appeals - USA v. Murat - sentencing - Johnson v. Fla DOC - Confrontation Clause, medical report - US Sugar v. US Army Corp of Eng’rs - administrative challenge, Everglades...more
The 1964 Supreme Court case New York Times v. Sullivan, which requires public officials to prove “actual malice” to succeed on a defamation claim, was a watershed moment in defamation law. Curtis Publishing Co. v. Butts was...more
On January 8, 2025, Governor Mike DeWine signed the unanimously passed Senate Bill 237, also known as the Uniform Public Expression Protection Act (UPEPA), into law. UPEPA is designed to protect individuals’ constitutional...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
The Second Circuit Court of Appeals has once again revived Sarah Palin’s longstanding defamation suit against The New York Times. The Second Circuit’s opinion highlights important procedural and substantive issues in...more
The Appellate Court’s recent decision in Robinson v. V.D. has a little something for any practitioner who deals with questions of constitutional law or civil procedure. Among other things, the decision held that statements...more
Smartmatic USA Corp. v. SGO Corp Ltd., 2023 WL 2626882 (Sup. Ct., N.Y. Cty. 2023) - Generally, litigation funding loans are not discoverable in personal injury actions. These are “loans” given to injured plaintiffs as an...more
The National Football League has paid more than $1.3 billion to settle claims from former professional athletes who suffered neurological damage due to concussions sustained while playing, with 4% of that earmarked for their...more
12th Man Up in the First Half: Texas Court Rules that Aggies Athletic Foundation Owes No Fiduciary Duty to Football Boosters, Second Half to Reveal Winner on Contract Claims - There is perhaps no relationship stronger and...more
The US Court of Appeals for the Ninth Circuit affirmed a district court’s denial of a motion to strike a putative class action suit brought under Section 425.16 of California’s anti-SLAPP statute, finding that the case fell...more
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
California’s anti-SLAPP statute (Code of Civil Procedure section 425.16) aims to protect defendants from meritless lawsuits designed to chill “protected activity” — i.e., the exercise of rights of petition (litigation) or...more
Florida has introduced new legislation and implemented changes to various regulations impacting community associations, many of which have either gone into effect or will go into effect beginning July 1, 2024. This...more
When a property owner brings a regulatory taking / inverse condemnation claim based on a city or county’s zoning decisions, the owner often provides context and history, including public statements made by staff, board...more
In Rose Bui v. Ngo Ky (No. G062338, filed May 8, 2024 and certified for partial publication), the California Court of Appeal, Fourth District reversed a trial court’s grant of a special motion to strike Plaintiff’s complaint...more
Does the First Amendment right to free speech permit an employer to hire or fire an employee based on race? On its face, the proposition may seem absurd, especially as we approach the 60th anniversary of the Civil Rights Act...more
In the landscape of Oklahoma’s business litigation, the Oklahoma Citizens Participation Act (OCPA) stands as a critical yet often lesser-known tool. Designed to combat frivolous lawsuits that chill First Amendment rights,...more
To non-lawyers, a "person" is usually understood to refer to a human being. At law, entities such as corporations and limited liability persons are often endowed with personhood. See, e.g., Cal. Corp. Code § 18 ("'Person'...more
Last week, in Bristol Asphalt v. Rochester Bituminous Products, the SJC jettisoned two prior decisions and revised its directions to lower courts regarding how to handle “special motions to dismiss” under Massachusetts’...more
The Ninth Circuit has granted a rehearing en banc in Martinez v. ZoomInfo Tech., Inc. concerning the appealability of denial of anti-SLAPP motions under the collateral order doctrine. Historically, the Ninth Circuit has...more
A New York court once again declined to dismiss Smartmatic’s defamation lawsuit against Fox Corporation over Fox News’s coverage of Donald Trump’s “Big Lie.” The court found that the parent company, Fox Corporation, could...more
California's Anti-SLAPP statute is intended to cut short lawsuits "brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition . . .". Cal. Code Civ. Proc § 425.16(a) ...more