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Bit Parts

By Stan Soocher
April 29, 2008

Artist Consultant/Unfair-Competition Claim

The California Court of Appeal granted an anti-SLAPP motion by long-time artist-rights consultant Thomas A. White to strike an unfair-competition suit filed against him by a law firm in the state. Gray & Associates P.C. v. White, B194898. White's stationery describes him as 'Consultant, Record and Music Pub-lishing Industries, Creative, Business and Legal Aspects.' The anti-SLAPP statute, Calif. Civ. Code Proc. Sec. 425.16, allows a party to strike a lawsuit that arises from the exercise of free speech. White, who isn't a lawyer, claimed exercise of free speech in speaking at entertainment-industry seminars. The court of appeal noted in its unpublished opinion: 'Indeed the majority of the allegations in Gray's complaint relate to White's speech in public forums on the issue of artists' intellectual property rights. ' Gray introduced no evidence to show that White furnishes advice to his clients or to the participants in seminars on subjects involving 'difficult or doubtful legal questions' whose resolution 'demand[s] the application of a trained legal mind.' Gray offered no testimony from any of White's clients describing advice they received from White. It offered no transcripts or notes from any of White's seminars reflecting the type of advice he gave there. And, it
failed to present testimony from any seminar participant who was led to believe by White's statements that he was licensed to practice law.'


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