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Jake Wunsch

On March 5, Judge Chang issued a Final Ruling, in a case under California’s Public Records Act, granting a Writ of Mandate that commands Governor Gavin Newsom to release the calendar entries of all meetings between his Cabinet Secretary and any representative of Pacific Gas & Electric in May 2023.

Apr 2024

Investigative Reporter Wins Access to California Official’s Calendar Entries

On March 5, Judge Chang issued a Final Ruling, in a case under California’s Public Records Act, granting a Writ of Mandate that commands Governor Gavin Newsom to release the calendar entries of all meetings between his Cabinet Secretary and any representative of Pacific Gas & Electric in May 2023.

Apr 2024

MLRC Goes West

Our Entertainment & Media Law conference kicked off the season on March 21st, with the MLRC working once again with our partners at Southwestern Law School once for our half-day conference in Los Angeles. I’m pleased to report that our early notices were all extremely positive.

Mar 2024

Supreme Court, Second Circuit Consider Copyright Infringement Statute of Limitation Implications

Neither case squarely presented the question of when a copyright claim ‘accrues,’ understood by many federal circuits as when the copyright owner first “discovers” the allegedly infringing use. However, the challenges that both cases raise about the discovery rule’s application may hint at its potential impermanence.

Mar 2024

Missouri Legislature Considers Anti-SLAPP Bill

There are at least two other bills pending in the Missouri legislature containing nearly identical anti-SLAPP language, one before the House and one before the Senate, but neither of those bills has been set for a committee hearing yet and it gets more and more unlikely that they will move quickly once spring break is…

Mar 2024

Broadcaster Wins Summary Judgment and Attorneys’ Fees Under New York’s Expanded Anti-SLAPP Statute

The news reports about sexual assault claims against the Catholic Church were protected by the fair report privilege and plaintiff failed to adduce any evidence of gross irresponsibility.

Mar 2024

The Supreme Court Hears the NetChoice Cases

Whatever happens here, it seems unlikely that we will see a straight thumbs-up or thumbs-down on the constitutionality of the state laws.

Mar 2024

Fourth Circuit Rules Against News Org’s Use of Ted Nugent Photograph

The Fourth Circuit ruled that a news organization’s use of a photograph of musician Ted Nugent did not constitute fair use, siding with the photographer who argued that the news organization did not alter or add any new expression required to overcome the requirements for proper attribution.

Mar 2024

Prosecutor’s Defamation Suit SLAPPed On Appeal

The Supreme Court of Texas granted a newspaper’s anti-SLAPP motion, dismissing a state prosecutor’s claim that he was defamed in an article discussing a wrongful murder conviction.

Mar 2024

Massachusetts High Court: Motive is Irrelevant Under Anti-SLAPP Law

In Bristol Asphalt v. Rochester Bituminous Products, the court overturned a controversial 2017 decision that required evaluation of the SLAPP filer’s “primary motivating goal” for bringing suit. The court also held that appellate review of anti-SLAPP decisions will henceforth be de novo, not for abuse of discretion.

Mar 2024

Anti-SLAPP Developments in the UK and Europe and What It’s Like Being Slapped in Greece

There are things to learn from the markers set out by the EU and Council of Europe as to the identifying features of SLAPPs and how to produce a draft law acceptable to a wide spectrum of differing approaches to anti-SLAPP law.