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Civil Litigation

Mar. 6, 2012

Anti-SLAPP motions — still appealing in federal court?

Over the past decade, defendants increasingly have invoked the anti-SLAPP statute in federal courts.

Andrew J. Thomas

Partner, Jenner & Block LLP

Phone: (213) 239-5100

Email: ajthomas@jenner.com

Harvard Univ Law School; Cambridge MA

Andrew represents content owners in copyright, trademark and First Amendment matters. CONTENT MATTERS is a monthly column devoted to matters of interest to those who create content of all kinds (entertainment, news, software, advertising, etc.) and bring that content to market. Our hope is to shed light on key issues facing the creative content community. If you have questions, comments or topic ideas, let us know. Because content matters.

CONTENT MATTERS

Since the California Legislature enacted the anti-SLAPP statute 20 years ago, SLAPP motion practice has spread to most areas of state law. (SLAPP is an acronym for "strategic lawsuit against public participation.") California courts for the most part have turned aside attempts to limit the statute's reach, rejecting arguments that the law should apply only to suits by large companies against individuals, only to suits in which ...

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