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Litigation & Arbitration

Feb. 28, 2024

Recent decisions on the litigation privilege’s application on UCL claims

The litigation privilege protects communications and conduct related to litigation from most tort claims, but it may not apply to UCL claims that are based on specific statutes that provide civil remedies.

Xinlin Li Morrow

Partner, Morrow Ni LLP

Shutterstock

The litigation privilege, codified in California Civil Code Section 47(b), shields communications and conduct in connection with litigation from most tort claims. But the privilege is not without limit. California Courts have limited the privilege where its application would be inconsistent with another, more specific statute. In December 2023, the Court of Appeal published two decisions that explored this limitation in the context of California's unfair competition ...

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