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Defendants in entertainment industry cases often invoke California's “anti-SLAPP” statute, Calif. Civ. Code §425.16, which is meant to bar lawsuits filed to muffle free speech activities or a legal right to petition. This summer, some noteworthy court decisions have come out of California that involved anti-SLAPP motions filed by attorneys who are defendants themselves in entertainment litigations.
Boladian v. Clinton, B267950, in California state court, arose out of a lawsuit filed by musician George Clinton in 2011 in the U.S. District Court for the Central District of California against Westbound Records, its principal Armen Boladian and other music industry parties. In 2013, Stroock & Strock & Lavan and then-firm member Daniel Rozansky were substituted in as Clinton's lawyers in the federal case due to health issues hindering Larry H. Clough, the attorney who originally filed Clinton's lawsuit. Stroock amended Clinton's lawsuit to delete the sound recordings claim against Boladian. The district court dismissed the case with prejudice.
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The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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