I understand very well that lawyers have an obligation to zealously advocate on behalf of their clients. However, there are certain tactics which attorneys should never employ. One such tactic is to insert irrelevant matter in a pleading in order to gain a PR advantage over a defendant (e.g., personal details about somebody's life, irrelevant and prejudicial … [Read more...] about How Some Celebrity Lawyers Do It And Why Your Lawyer Shouldn’t . . .
Mandatory Attorneys’ Fees To Prevailing anti-SLAPP Defendants
California's anti-SLAPP statute (CCP § 425.16(c)) provides that a "prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney's fees and costs. The fee award is not discretionary--it is mandatory--and the fees can be very significant. The purpose behind this rule is to discourage strategic lawsuits against public participation … [Read more...] about Mandatory Attorneys’ Fees To Prevailing anti-SLAPP Defendants
How To Deal With A “Scam” Listing For Your Company’s Name
One of the most devastating listings you can have is a "scam" listing for your name or your company's brand name on the Internet. I know this because people call me nearly every day and tell me that someone has written something defamatory about them on the Web. However, there are ways to deal with this, and one particular dynamite strategy which I stumbled across … [Read more...] about How To Deal With A “Scam” Listing For Your Company’s Name
Examples of the Thin line Between Actionable Statements And Mere Opinions
The question of whether a statement constitutes an actionable statement or merely protected opinion is one of the most difficult questions for a judge to consider in the defamation context. In fact, the California Supreme Court said in a case: "The distinction as to what is a statement of fact and what is a statement of opinion is frequently a difficult one." The … [Read more...] about Examples of the Thin line Between Actionable Statements And Mere Opinions
The California Supreme Court’s anti-SLAPP Decisions
Here is a list of the California Supreme Court's 24 decisions to date regarding the SLAPP statute. This is a great starting point to learn about this very complicated and interesting area of law. Here they are in reverse chronological order. Simpson Strong-Tie Company Inc. v. Pierce Gore (2010) WL 1948283 Vargas v. City of Salinas (2009) 46 Cal.4th 1 In re Episcopal Church … [Read more...] about The California Supreme Court’s anti-SLAPP Decisions