Law Practice
Dec. 28, 2016
What to do about the anti-SLAPP catchall?
Subdivision (e)(4)'s application to "any other conduct in furtherance of the exercise of the constitutional right of petition or the constitutional right of free speech in connection with a public issue or an issue of public interest" has proven difficult in application. By Michael J. Shipley
Michael J. Shipley
Partner
Kirkland & Ellis LLP
Email: michael.shipley@kirkland.com
UC Hastings COL; San Francisco CA
Michael has a broad background representing companies and individuals in complex commercial litigation as well as white collar and regulatory matters. Michael's experience includes fraud, securities, and shareholder disputes including merger and acquisition disputes.
California's anti-SLAPP statute applies to "any act of [defendant] in furtherance of the person's right of petition or free speech under the United States or California Constitution in connection with a public issue." Code of Civil Procedure Section 425.16(b)(1). But instead of parsing that text or asking whether the asserted conduct is objectively protected by the First Amendment, courts look to the definition in subdivision...
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