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SLAPP Litigation: Free Speech in the Commercial and Political Context


Level: Advanced
Runtime: 88 minutes
Recorded Date: June 16, 2010
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Agenda

  • Introduction: Defining SLAPP Suits
  • Litigating SLAPPs: The Typical Case
  • SLAPP Case Law Update
  • Current Cases and How They Advance the SLAPP Discussion
  • Federal Legislation: The Citizen Participation Act of 2009 (HR 4364)
  • Closing Remarks

    This program was recorded in San Francisco, California on June 16, 2010.


  • For NY - Difficulty Level: Experienced attorneys only (non-transitional)

    Description

    Strategic Lawsuits Against Public Participation, or SLAPPS, are suits that are intended to censor, intimidate and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition to, for example, a real estate development or product. A SLAPP may also intimidate others from participating in the debate. Anti-SLAPP motions, then, are responses to such litigation that claims the plaintiffs are suing only to squelch legitimate public debate. The term SLAPP was coined in the 1980s. This body of law has found a unique home in California, which was one of the first states to enact a statute, Code of Civil Procedure section 425.16, in 1992, to frustrate SLAPPs by providing a quick and inexpensive defense. This program provides an introduction to the topic to new practitioners, as well as more in-depth updates on where the field is moving, both in California and on a national level.

    This program was moderated by Susan Kostal and recorded in San Francisco, California on June 16, 2010.


    Provided By

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    Panelists

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    Mark Goldowitz

    Founder/Director
    California Anti-Slapp Project

    Mark Goldowitz is the founder and director of the California Anti-Slapp Project, based in Berkeley, CA, and the founder of the Public Participation Project, a project of CASP that is leading a campaign for federal anti-SLAPP legislation. He has specialized in First Amendment and anti-SLAPP issues since 1993, and has written and lectured widely on California¿s anti-SLAPP law. He has prevailed in many SLAPP suits, into six published opinions, and the first such opinion by the California Supreme Court.

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    Harmeet Dhillon

    Partner
    Dhillon & Smith

    Harmeet Dhillon is a partner with Dhillon & Smith in San Francisco. She is an experienced business trial lawyer, trusted boardroom advisor, and advocate for individual, corporate and institutional clients. Her practice has focused on federal and state commercial litigation and arbitration, with a particular emphasis on unfair competition/trade secret misappropriation, intellectual property (including trademark litigation and internet torts), complex contractual disputes, and First Amendment litigation (including defamation, trade libel, right of publicity, and anti-SLAPP motions). Harmeet's broad experience also encompasses securities, entertainment, employment discrimination and civil rights matters. She was also a Republican candidate for the state assembly in 2008 and a former board member of the ACLU of Northern California. She currently represents the Republican Central Committee of Los Angeles County in SLAPP litigation.

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    John L. Cooper

    Partner
    Farella Braun & Martel

    John L. Cooper is a partner with Farella Braun & Martel in San Francisco. John maintains a diverse trial practice in intellectual property, antitrust and commercial litigation. His practice emphasizes technology-related litigation, and he is the senior member of the firm¿s Intellectual Property Litigation Group.

    Mr. Cooper regularly represents technology companies in patent and other intellectual property litigation as well as in antitrust and technological defect litigation and disputes. He serves as primary outside counsel on litigation and business matters to several technology companies on intellectual property, antitrust and commercial issues relating to technology. Mr. Cooper has received industry and peer recognition throughout his 32-year career. He was selected as one of the Top 30 Intellectual Property Lawyers in California by the Daily Journal, named by Chambers USA as a leading intellectual property lawyer in California, and has been selected for inclusion in The Best Lawyers in America for over 10 years and in Northern California Super Lawyers. Mr. Cooper is a Fellow and former Regent of the American College of Trial Lawyers. He currently represents an organic soap manufacturer in SLAPP litigtion with a group seeking to establish standards for organic products.

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    Susan Kostal

    Freelance Journalist
    (Moderator)

    Moderator Susan Kostal is a freelance journalist who has covered legal affairs for more than 20 years. She has been a reporter and editor at the Daily Journal, and done writing and editing for California Lawyer Magazine. Her work has also appeared in the ABA Journal, San Francisco Attorney Magazine, San Francisco Magazine, and the Palo Alto Weekly. She also served as the legal editor at Caring.com. She is the recipient of numerous awards for her writing, reporting, and editing. She assisted with the conception and reporting of "Innocence Lost," a San Francisco Magazine feature nominated for a National Magazine Award in 2004,and her piece, "The Brobeck Mutiny," won a Bronze Award for reporting from the City and Regional Magazine Awards in 2003. She has worked with ALM producing audio and video CLE roundtable programs since 2005.


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