GHP attorney Dan Lifschitz was interviewed by Bloomberg Law for a new article delving into the complexities of bringing idea theft claims under California law without running afoul of its anti-SLAPP statute. You can read Dan's additional thoughts on the subject below and the full article from Aruni Soni here: https://lnkd.in/g-hQ29Kd
#Hollywood thrives on ideas—but in California, when a screenwriter feels like a big studio has stolen one, it’s become increasingly hard to sue them over it. Large media studios faced with #idea theft claims in #California have resorted to playing a powerful #FirstAmendment card to freeze the lawsuits, which attorneys say has severely tilted the scales against creatives in the state. That card is an anti-SLAPP motion under the California's law against “strategic lawsuits against public participation.” It pauses lawsuits that implicate #freespeech and forces plaintiffs to show they can win the case near the outset with limited discovery. And the move has teeth: if the plaintiff loses, they're on the hook for the studio's attorneys' fees. The thing is, an anti-SLAPP motion is a useful tool to deter abusive lawsuits against anyone speaking out on matters of public interest. But in idea theft cases, it's kind of helping Goliath fight David. Studios have argued, for instance, that developing, casting, and broadcasting a TV show is a "conduct in furtherance" of "free speech in connection with a public issue." Recent California appeals courts decisions have bolstered the anti-SLAPP maneuver, and attorneys told me it's made them wary of picking up idea theft cases. “I’m much more careful with the theft of idea case, because (a) you need discovery, and (b) you’ve got to deal with the SLAPP and you’ve got to deal with the appeal,”?Douglas Johnson, of #BeverlyHills-based Johnson & Johnson LLP, said. “You’re looking at a lot of time and money and not clear on which way the wind’s going to blow.” Thank you Dan Lifschitz, Kevin Gamarnik, David Grossman, Glen Kulik, Douglas Johnson, Brendan Begley, Erica Van Loon, and David Fink for your insights! Here's the full story for Bloomberg Law: