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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Personal Injury and Med Mal

Date & Time
  • event Date

    Wednesday, March 31, 2021

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$197.00
CLE
ALL

The CLE course will address how to identify strategic lawsuits against public participation (SLAPP) and best practices for defeating them. The discussion will address anti-SLAPP motions, cease and desist letters, the logistics of asserting the claim, and the widening circuit split over whether anti-SLAPP motions can be filed in federal courts. The panel will discuss the many different types of claims that SLAPP suits may contain, the possible misuse of anti-SLAPP statutes, updated laws, and tactics being asserted against anti-SLAPP laws.

Faculty

Theresa M. House
Partner
Arnold & Porter Kaye Scholer, LLP

Ms. House is seasoned litigator with a focus on media and intellectual property law. She joined Arnold & Porter as a partner in January 2018 after developing a national reputation defending the First Amendment and intellectual property rights of her clients in the news, entertainment, and technology industries. Today, in addition to her core editorial, entertainment, and intellectual property work, Ms. House works closely with Arnold & Porter's advertising, white collar/investigations, and strategic crisis management practices, to advise and prepare her clients for the range of potential attacks on their ability to engage in free speech and expression.

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Joel H. Rosner
Counsel
Tarter Krinsky & Drogin Llp

Mr. Rosner is a counsel in the Litigation and Reputation Management practice. He regularly represents clients in commercial, intellectual property and defamation litigation in the state and federal courts and in arbitrations. With a strong understanding of his clients’ business needs, Mr. Rosner assists in complex litigation matters concerning trademark, copyright and patent rights, contract disputes, fraud and other business torts and employment issues. He also counsels clients with respect to their intellectual property rights and employee benefits.

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Josephine K. Petrick
Senior Counsel
Hanson Bridgett LLP

Ms. Petrick is Senior Counsel with Hanson Bridgett's Appellate Practice Group, where she focuses on appeals and law and motion in the state and federal courts.

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Description

SLAPP and anti-SLAPP claims have become a staple in complex litigation. Bloggers, tweeters, companies, private citizens, or others who speak out alleging individual or company misconduct, unfair business practices, voicing opinions on matters of public interest, opposing zoning, opposing popular beliefs, and the like have sometimes found themselves defendants in spurious and retaliatory SLAPP suits. The object of such criticism often files suit or asserts counterclaims for a variety of baseless claims, including defamation, tortious interference with business or contract, unfair trade practices, restraint of trade, abuse of process, malicious prosecution, conspiracy, constitutional or civil rights violations, nuisance, and others.

Defending such claims can be and is intended to be difficult, expensive, and time-consuming. In response to SLAPP suits, well over half the states and the District of Columbia have adopted an anti-SLAPP statute. Some states also provide for "SLAPP-Back" suits.

Raising an anti-SLAPP motion to dismiss, and related strategic and procedural considerations, should be considered early on. Such motions can put the plaintiff on the defense and permit the defendant to control the case. The successful "defendant" may have the claims dismissed and may be entitled to recover attorneys' fees. More recently, a circuit split has developed over whether anti-SLAPP motions can be filed in federal court.

Listen as the panel discusses how to recognize SLAPP claims and lawsuits and best strategies and practices for asserting anti-SLAPP remedies and avoiding per se damages.

Outline

  1. Genesis of SLAPP suits
  2. Mechanics of anti-SLAPP statutes
    • Motion to strike
    • Strict deadlines
    • Burdens
    • Evidence
    • Stay of discovery
    • Attorneys' fees
    • Appeals
  3. Constitutionality of anti-SLAPP statutes
  4. Leveraging anti-SLAPP motions to the defendant's advantage
  5. Applicability in federal court

Benefits

The panel will review these and other important issues:

  • What types of claims are most often alleged in SLAPP suits?
  • What factors should be considered in moving under anti-SLAPP statutes?
  • Are there any best strategies for reducing the likelihood of SLAPP claims or suits?
  • What are SLAPP-Back statutes?
  • Can anti-SLAPP statutes be abused?