Anti-SLAPP

California's laws governing strategic lawsuits against public participation (SLAPP) involve a complex statutory framework designed to protect the rights to petition and speech.  We are leaders in the field, handling several dozen SLAPP/anti-SLAPP cases, including landmark decisions, in state, federal, trial and appellate courts for media and non-media clients.  We routinely obtain substantial attorneys' fees awards for our clients under the anti-SLAPP statute.

Here is a small sample of the cases we have handled in this area:

  • Sipple v. Foundation for Nat'l Progress, 71 Cal. App. 4th 226 (1999).  Landmark case interpreting the parameters of California's anti-SLAPP statute.

  • Lieberman v. KCOP Television, Inc., 110 Cal. App. 4th 156 (2003).  We represented a television station in the first published case to apply California's SLAPP statute to claims for newsgathering.

  • In October, 2013, Gary successfully argued clients' motion for fees after prevailing on appeal that he also argued.  Award: $83,000.

  • Successfully argued the appeal of denial of a Spanish-language television station's anti-SLAPP motion to strike a self-described spiritual healer allegations that the broadcast of his image occurred simultaneously with a story on the potential harmful effects of believing in superstitions.

  • Thomas v. Los Angeles Times Communications LLC, 189 F.Supp.2d 1005 (C.D. Cal. 2002), aff'd, (9th Cir. Sep. 6, 2002).  In a case for a newspaper, a federal district court struck down a public figure's defamation claims under California's anti-SLAPP statute, and the Ninth Circuit Court of Appeals affirmed the district court's decision.

  • Successfully brought appeal on matter of first impression, establishing that a statement made in a foreign court is to be protected under the anti-SLAPP statute whenever it is a statement made in connection with an issue under consideration by a judicial body in the United States.

  • Successfully defended Parisian-based international human rights organization against claims by alleged illegal trafficker in foreign laborers that civil rights report was false and obtained attorney's fees.

  • Jones Day v. MediaNews Group, 34 Media Law Reporter 1411 (Cal. App. 2006).  We represented a newspaper publisher and reporter in a case applying the SLAPP statute to claims for conversion and misappropriation of trade secrets stemming from the gathering and dissemination of information concerning California's voting machines.

  • Represented wife of one of the world's richest individuals who alleged breaches of confidentiality agreements, arising from filing documents in marital dissolution action and comments to press about ongoing family law court litigation, successfully arguing that those statements arose from exercise of wife's petition rights.

  • Drafted amicus brief for CBS Broadcasting, Inc., The Copley Press, Inc., The McClatchy Company, Los Angeles Times Communications LLC, Bloomberg L.P., the First Amendment Project, the California Newspaper Publishers Association, the Northern California Chapter of the Society of Professional Journalists and the California First Amendment Coalition in successful defense of media against claims that a television documentary program published information they gathered from public official court records concerning a person who many years previously served a prison term for a felony conviction but who since lived an obscure, lawful life and become a respected member of the community.


Representing

Print, Broadcast & Electronic Media
New Media & Internet Companies
News Gathering Organizations
Journalists & Writers
Entertainment Companies
Motion Picture Studios
Production Companies
Book Publishers