expert analysis

Brewer Anti-SLAPP Expert Analysis Article Published by Law360

On January 12, 2022, Law360 published an expert analysis piece written by Brewer Partner William Brewer and Associate Will Brewer titled, “Ruling Confirms Causation is Key Under NY Anti-SLAPP Law.”

The article states, “Threats of litigation initiated for the purpose of censoring, intimidating, or punishing a person for exercising their First Amendment rights have prompted many jurisdictions to pass laws targeting strategic litigation against public participation, otherwise known as anti-SLAPP statutes.”

The article discusses how the Hon. Nancy Bannon of the New York Supreme Court recently considered and dismissed an anti-SLAPP counterclaim in a dispute between Howard M. Meyers and and LEG Q LLC (“LEG Q”) in RSR Corp. et al. v. LEG Q LLC et al., Index No. 650342/2019 (N.Y. Sup. Ct.).

The authors write, “If this ruling is any indication of how New York courts will interpret the anti-SLAPP claim in the future, counsel should take note that, at the motion to dismiss stage,  an anti-SLAPP claim need not have in hand any judicial finding regarding the nature of a purportedly SLAPP lawsuit; allegations will suffice.”

The authors add, “Moreover, in light of this decision, the breadth of what constitutes a communication in connection with the ‘public interest’—reaching matters that are not purely private as between the parties—cannot be overstated.”

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