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May 13, 2019 · By Heath Coffman . How to Beat an Anti-SLAAP Motion in a Trade Secrets Case | The Fort Worth Business & Employment Law Reporter . If you have been reading this blog, you know that I have frequently commented on the use of Texas’s anti-SLAPP statute the Texas Citizens Participation Act to defeat a Texas Uniform Trade Secrets Act claim.
Oct 19, 2021 · Contrary to the name, an anti-SLAPP motion is not a motion that has anything to do with slapping anyone. SLAPP is an acronym for Strategic Lawsuit Against Public Participation. An anti-SLAPP motion is a motion to strike lawsuits brought “primarily to chill the valid exercise of constitutional rights of freedom of speech and petition for the ...
Jul 19, 2021 · Despite this, Judge Orozco entertained Messina’s motion for attorneys’ fees as the prevailing defendant under Section 425.16. Judge Orozco noted that “‘because a defendant who has been sued in violation of his… free speech rights is entitled to an award of attorney fees, the trial court must, upon defendant’s motion for a fee award ...
From the standpoint of a plaintiff, practically speaking, an anti-SLAPP motion is a nightmare. There are three main reasons for this. They are as follows: 1. Discovery. Once a 425.16 motion is made, there is no right to any discovery whatsoever. C.C.P. section 425.16(g).
The general idea behind the anti-SLAPP statute is that you have the right not to be sued because you exercised your constitutional right to say what you think or enforce your rights by filing a lawsuit.
What is an Anti-SLAPP Motion? Contrary to the name, an anti-SLAPP motion is not a motion that has anything to do with slapping anyone. SLAPP is an acronym for Strategic Lawsuit Against Public Participation. An anti-SLAPP motion is a motion to strike lawsuits brought “primarily to chill the valid exercise of constitutional rights of freedom ...
Of course, you cannot always file an anti-SLAPP motion to every complaint. It will only be appropriate where a plaintiff is suing you for based on your actions arising from your exercise of free speech or your right to petition.
When a defendant makes an anti-SLAPP motion against a complaint, the loss of even one cause of action requires the trial court to grant fees to the defense.
In 1997, the Legislature, in response to certain decisions limiting application of the statute, unanimously amended the anti-SLAPP statute to specifically direct that it "shall be construed broadly.". (Stats. 1997 , ch. 271, § 1; amending § 425.16 (a).)
The plaintiff sought leave to amend to assert a claim for malicious prosecution to avoid the bar of the litigation privilege, Civil Code section 47 , which had been asserted as the basis for concluding the plaintiffs case lacked a probability of success.
Code of Civil Procedure section 425.16 has become a grave problem for plaintiffs' lawyers. Section 425.16 is the California Anti-SLAPP statute. SLAPP is an acronym for "Strategic Lawsuit Against Public Participation." The statute was enacted after a number of law review articles were published indicating that developers and large corporations were abusing the judicial process, suing persons and entities of limited means in an effort to compel those defendants to abandon their right to free speech. The purpose of such suits was to impose the financial burden of extensive discovery and legal fees upon those who would publicly question developers and the like.
Certain types of cases almost guarantee such motions (malicious prosecution, abuse of process, libel, defamation). If you know you have such a case, try to identify the sources of evidence you will need to prove your claim.
There are three main reasons for this. They are as follows: 1. Discovery. Once a 425.16 motion is made, there is no right to any discovery whatsoever. C.C.P. section 425.16 (g). Only on noticed motion and for good cause shown may the court order that specified discovery be conducted, (id.)
In 1999, the Supreme Court issued its first opinion construing the anti-SLAPP law, directing that courts, "whenever possible, should interpret the First Amendment and section 425.16 in a manner 'favorable to the exercise of freedom of speech, not to its curtailment.'" (Briggs v.
Perform a full investigation of how the breach occurred and what information is lost. Generally, this will be the most time-consuming step after an NDA violation. You will likely have some idea of what information has been disclosed, but you will need to prove how it was stolen and who was responsible.
Typically, after an NDA breach, you will be able to demand monetary damages from the guilty party. If you need help understanding what happens if you break a non-disclosure agreement, you can post your legal needs on UpCounsel's marketplace.
In addition to a breach of contract suit, you may be able to sue for: Breach of fiduciary responsibility. Copyright infringement. Misappropriation of trade secrets.
What is a Non-Disclosure Agreement? When you commit to a non-disclosure agreement, you are agreeing to much more than simply keeping a secret. NDAs are binding contracts that legally require you to protect any sensitive information included in the contract.
A unique process of manufacturing an item. Generally, an NDA will deter people from revealing your organization's most sensitive information. Should a breach of the agreement occur, however, you will have legal remedies to help make up for the harm caused by the breach.
At the very least, you may face a costly lawsuit, and you might also face criminal penalties, depending on the information revealed.
When misappropriation occurs, it means that someone has either revealed or acquired private information without authorization. Unfortunately, misappropriation is common, and it can occur in several forms:
The term SLAPP is an acronym for Strategic Lawsuits Against Public Participation. A SLAPP motion refers to a “special motion to strike” under the anti-SLAPP statute that seeks to dismiss a civil lawsuit at an early stage in the litigation so that the sacred rights of petition and free speech are not chilled by costly litigation.
The third and fourth categories of “protected speech” involves speech that is made in connection with a public issue or an issue of public interest. If the Court finds such a showing has been made, it then determines whether the plaintiff has demonstrated a probability of prevailing on the claim. Cabrera, 197 Cal. App. 4th at 1086.
There is a further requirement where the “issue is not of interest to the public at large, but rather to a limited, but definable portion of the public (a private group, organization, or community),” such as a “3,000-member homeowners association or a 10,000-member union.” Du Charme v. International Brotherhood of Electrical Workers, 110 Cal. App.
The case is a useful reminder of the importance of having an NDA in place before any confidential information is disclosed, and also to bear in mind the remedies that may be available (or not available) in the case of breach of the NDA.
A non-disclosure agreement (or NDA) is often the first step towards a commercial relationship. Before two parties can get down to brass tacks and talk turkey, they need to be sure that the confidential business information that they are about to share will not be disclosed or misused. There are many circumstances where an NDA is used.
The test is whether the defendant should retain any benefit from his breach of obligation.
Finally, the law of confidence may be used to address use of private information obtained by a stranger and therefore a relevant analogy may be drawn from the law of tort.
Sometimes the nature of the obligation of confidentiality will be similar to a fiduciary obligation so it may be appropriate for remedies to be available similar to those for breach of fiduciary duty.