Is Illegal Conduct Protected Under The Anti-SLAPP Statute?

The general rule is that the California anti-SLAPP statute is to be construed broadly in favor of the protection of speech and petitioning activity. But this does not mean that all "speech or petition activity is protected by section 425.16." Flatley v. Mauro (2003) 39 Cal.4th 299, (referring to)(Lam v. Ngo (2001) 91 Cal.App.4th 832, […]

The California Anti-SLAPP Statute

This following is the text of the so-called anti-SLAPP statute: 425.16. (a) The Legislature finds and declares that there has been a disturbing increase in lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances. The Legislature finds and declares that it […]

The Dark Side Of Twitter Lists

I recently took a much needed hiatus from Twitter because I got super busy with work.  Now I’m back. But while I was gone the whole Twitter Lists phenomenon happened.  Everyone was talking about the benefits of Twitter lists.  No one could even conceive of any possible negative possibilities, which is why I find Michael […]

What Are The Most Common SLAPP Causes Of Action?

Defamation/Slander/Libel Business Torts, e.g. Intentional Interference With Contract; Intentional Interference With Prospective Business Advantage; and Intentional Infliction of Emotional Distress Distress (and negligent) If you are being sued, or if you’re an attorney representing a defendant and any one of the causes of action above is present, you need to consider whether to file an […]

Can An Anti-SLAPP Motion Be Used To Strike A Single Cause of Action?

As I’ve explained in previous posts, one of most common defense motions in response to a complaint for defamation is the anti-SLAPP motion. The beauty of this motion is that it gives the defendant an opportunity to eliminate a lawsuit at an early stage of litigation before litigation becomes cost prohibitive.  Also, if the motion […]

Defamation Defense: Qualified Privilege

 The last several posts have focused on absolute privileges. Today we’re going to talk about the qualified privilege, which is a lot more common than you might think. A qualified privilege essentially means what it appears to mean. It allows the publisher/speaker to make a statement that would otherwise be defamatory without being held liable for making […]