The other day opposing counsel in a case challenged me for having written in a letter that we would litigate the case according to the principle of "murum aries attigit." Now, I want to make it clear that I did not invent this term, nor was I the first to use it in the litigation context. I want to give credit where credit is due. The first attorney (that I know of) to have … [Read more...] about Murum Aries Attigit: A Philosophy for Litigation
Blogs
8 strategies to help avoid being sued for libel
[Editor's note: This post was written by my good friend, Gordon Firemark. He's a media and entertainment lawyer in Los Angeles, California. He is the author of the Podcast, Blog & New Media Producer's Legal Survival Guide, and host of the Entertainment Law Update Podcast. http://www.firemark.com] Enter Gordon: Do you post blogs, podcasts, videos or other material on … [Read more...] about 8 strategies to help avoid being sued for libel
Common Examples of SLAPPs
Potential clients and attorneys often ask me what kinds of claims are typically subject to an anti-SLAPP motion. The correct answer is that regardless of the label given a claim, it may still be subject to Code of Civil Procedure 425.16 if it arises from petitioning or free speech activity. Having said that, in general terms, there are some common claims and factual scenarios … [Read more...] about Common Examples of SLAPPs
Is A Public Figure’s Sex Life A Matter of Public Interest Under the Anti-SLAPP Statute?
Political and sports figures have recently argued that their sex lives are not a matter of public interest. Consider, for example, Herman Cain: in response to allegations from Ginger White that she had a decade-plus affair with him, Mr. Cain's attorney, Lin Wood, said that those kinds of allegations have no place in public discourse and that Cain would not discuss them. David … [Read more...] about Is A Public Figure’s Sex Life A Matter of Public Interest Under the Anti-SLAPP Statute?
Kim Kardashian’s Defamation Claim: Smart Or Not?
Faced with a growing backlash from the public for her mini-marriage to NBA basketball player, Chris Humphries, Kim Kardashian has filed a claim for arbitration alleging breach of a confidentiality agreement and defamation. I won't recount the details about the wedding extravaganza, which was televised, because I think most people are probably familiar with it (for more … [Read more...] about Kim Kardashian’s Defamation Claim: Smart Or Not?