California safeguards the right to freedom of speech and petitioning for the public interest through a legal provision known as the anti-SLAPP (Strategic Lawsuits Against Public Participation) law. This statute protects individuals from lawsuits that aim to suppress...
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How do you file an anti-SLAPP motion?
The legal system exists to offer justice to litigants. However, influential entities can sometimes manipulate the bureaucracy to intimidate others or infringe on their rights. For example, a person or organization might file a strategic lawsuit against public...
What is contributory trademark infringement?
A trademark is a key component of a business. Your trademark symbolizes your company's reputation and values and the brand that you have worked hard to build. Therefore, it is important to protect it from infringement. Direct trademark infringement can do serious...
When is a lawsuit necessary in a business dispute?
Business disputes can arise for a number of reasons ranging from differences in administrative strategies to outright breaches of contracts. While most business owners would prefer to keep the court system out of their affairs, there are times when it is necessary to...
When should I gather evidence of trademark infringement?
As the owner of a profitable business, you use trademarks to promote the identity and the quality of your company. In the event another business or individual takes your trademark and uses it to sell inferior goods, your business will likely suffer. If this happens to...
When Is A Defamation Lawsuit A SLAPP Suit?
The claims made in SLAPP lawsuits can vary depending on the particulars of the case, but defamation cases are one common form. However, not every defamation suit is a SLAPP lawsuit. What is a SLAPP? When a person or business files a complaint or counterclaim against...
California’s litigation privilege (Civil Code, Sec. 47, subd. (b))
California's litigation privilege (codified at Civil Code, section 47, subdivision(b)) gives a person absolute immunity (i.e., a complete defense) from liability for any "publication or broadcast" made as part of a "judicial proceeding." It applies (and is a complete...
Compelling an incident report
After an accident, most companies have their employees produce an incident report detailing the accident. The incident report includes very important information that could make your case easier to prove. Sometimes, the company has their employees not only detail the...
How does the ‘Fair Use Law’ affect your written works?
After spending any amount of time in the entertainment industry, you more than likely took steps to protect your written works. You copyright your materials in order to protect them from someone else using them without your permission or without providing you with...
Do you know where your property line is? Does your neighbor?
When you purchased your home, you probably received a deed outlining the boundaries of your property. Perhaps you even had a survey done as part of the transaction in order to ensure that the title records were complete and correct. Having these documents and...