Andrew Goldenberg, left, and Adam Levy, partners at Levy Goldenberg. Courtesy Photos What Does 'Subtantial Basis' Mean Under NY's Anti-Slapp Statute?
This article is based on the recent First Department decision, "Reeves v. Associated Newspapers, Ltd." which presents the issue of what constitutes a "substantial basis in law" under the anti-SLAPP law to warrant mandatory costs and attorneys' fees to SLAPP defendant.
May 21, 2024 at 10:00 AM
7 minute read
Civil Procedure
New York's anti-SLAPP statute was enacted to prevent public permit holders from threatening litigation (typically by asserting defamation claims) as a means of harassing, intimidating, or punishing individuals who involved themselves in public affairs by opposing them.
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Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
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