Tag: anti-SLAPP

Intellectual Property

Class Action Alleging Improper Appropriation of Individuals’ Likenesses Falls Within the Public Interest Exception to California’s Anti-SLAPP Statute

Written by Alexandra Anfuso In Batis v. Dun & Bradstreet Holdings, Inc., Case No. 23-15260, 2024 WL 3325663 (9th Cir,. July 8, 2024), the Ninth Circuit held that California’s anti-SLAPP provisions could not overcome a class action seeking to preclude the appropriation of individuals’ names and likenesses. Defendant Dun & Bradstreet Holdings, Inc. (“D&B”) operates a searchable business-to-business database called D&B Hoovers, which contains information … Continue reading Class Action Alleging Improper Appropriation of Individuals’ Likenesses Falls Within the Public Interest Exception to California’s Anti-SLAPP Statute

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Intellectual Property

Deepfakes and Rights for the Dead: New York Adds a Post Mortem Publicity Right and Penalizes Sexually Explicit Deepfakes

Written by Timothy M. Carter On Monday, November 30, 2020, New York Governor Andrew Cuomo signed into law legislation (S5959D / A.5605-C, which we’ll refer to as the “Statute”) establishing, among other things, a new post-mortem “right of publicity.”  We explain here the key points to know about the new law. New York’s new post-mortem right is similar to the existing right of publicity protections … Continue reading Deepfakes and Rights for the Dead: New York Adds a Post Mortem Publicity Right and Penalizes Sexually Explicit Deepfakes

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Intellectual Property

The Privilege to Speak One’s Mind: New York Broadens Its Anti-SLAPP Statute

Written by Timothy M. Carter The broad speech protections provided by the First Amendment are emblematic of a “profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open[.]”  New York Times v. Sullivan, 376 U.S. 254, 269–70 (1964).  While this unfettered commitment to free speech may shield a speaker from the chill of liability, practically speaking, it often … Continue reading The Privilege to Speak One’s Mind: New York Broadens Its Anti-SLAPP Statute

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