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CALIFORNIA CORPORATE & SECURITIES LAW

Court Finds Lawsuit By Corporation Against Minority Shareholder Is “Protected Activity”

SLAPP is the initialization of the phrase “strategic lawsuit against public participation”.  A more informative description of SLAPP suits is found in Simpson Strong-Tie Co., Inc. v. Gore, 49 Cal.4th 12, 21 (2010): “A SLAPP is a civil lawsuit that is aimed at preventing citizens from exercising their political rights or punishing those who have done so.…

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CalPERS Allowed To Continue Rating Agency Suit

In 2009, the California Public Employees’ Retirement System filed a lawsuit alleging negligent misrepresentation and negligent interference with prospective economic advantage against Moody’s Investors Services, Inc., Moody’s Corporation and The McGraw-Hill Companies, Inc.  The defendants filed a special motion to strike the complaint under California’s anti-SLAPP statute, Cal. Code Civ. Proc. § 425.16.  The trial…

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Directors’ Alleged Breach Of Fiduciary Duty Not Subject To Anti-SLAPP Statute

A SLAPP is a strategic lawsuit against public participation.  California enacted Code of Civil Procedure Section 425.16 as an antidote to SLAPP suits.  In general, a SLAPP is subject to a special motion to strike unless the court finds that the plaintiff has established that there is a probability that the plaintiff will prevail on the…

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Mongols Nation Finds No Xanadu In Lancaster

In July 2009, the Mongols Nation Motorcycle Club, Inc. planned to hold its annual convention in Lancaster, California.  Allegedly, the mayor was not pleased with the prospect of hosting a social and fraternal organization with an emphasis on riding motorcycles.  Mongols Nation responded by filing a lawsuit against the city, the mayor and various members…

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Director May Pursue Malicious Prosecution Claims Against Plaintiffs’ Attorneys

Lawsuits against directors can seem very one-sided with the plaintiffs starting at bat and never having to take to the field to play defense.  This may be changing as a result of a very significant decision issued last Friday by the Second District Court of Appeal in Cole v. Patricia A. Meyer & Associates, APC…

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