
Overview
How the Matter Unfolded
Defended a technology client against a defamation action arising from the client's public commentary on competitive practices in the industry. The team filed an early motion to dismiss under New York's expanded Anti-SLAPP framework, Civil Rights Law § 76-a. The motion succeeded, dismissed the action with prejudice, and shifted the client's defense costs back to the plaintiff.
The Anti-SLAPP Motion
The complaint sought damages for defamation arising from the client's published views on industry competitive conduct. The team filed the motion to dismiss under § 76-a as amended in 2020, invoking the statute's expanded scope and its mandatory stay of discovery. Briefing established that the challenged statements addressed matters of public interest, were grounded in documented industry conduct, and fell within the protections of the expanded Anti-SLAPP regime.
Dismissal and Fee Shift
The court granted the motion to dismiss with prejudice and awarded the client recovery of attorney's fees and costs under § 70-a. The ruling held that the plaintiff failed to demonstrate a substantial basis in fact and law for the action. The combined dismissal and fee-shift outcome closed the matter within months of filing, without merits-stage discovery or trial. The decision is among the New York state court rulings applying the 2020 Anti-SLAPP expansion to defamation actions arising from technology-industry commentary.
Engagement Details
Plainly, for the Record
What follows are the practical facts of this matter, drawn from the record and specific to it alone. They describe how this particular engagement unfolded, not what any other matter might yield.
- Outcome
- dismissal
- Resolution
- Won motion to dismiss the defamation action under New York's expanded Anti-SLAPP framework (Civil Rights Law § 76-a), with the mandatory discovery stay holding throughout the proceeding. The court awarded fee-shifting recovery to the client under § 70-a, establishing precedent for tech-sector Anti-SLAPP defenses in commercial speech contexts.
- Geography
- NY, US
- Resolved
- July 25, 2023
- Duration
- 8 months
- Attorneys
- Diane LockhartCary Agos
Past results do not guarantee, warrant, or predict a similar outcome in any future matter. Every engagement is unique and must be evaluated on its own facts and circumstances.
Every matter stands on its own facts
Discuss Your Own Situation
This dismissal turned on the specific record before the court. A different dispute would turn on its own facts entirely. If something similar is emerging for your organization, our Commercial Litigation team can help you assess where things stand.