Calif. Appeals Court Backs Netflix In Fox's Anti-SLAPP Bid

Law360 (June 29, 2018, 8:02 PM EDT) -- A California appeals court on Friday affirmed the denial of an anti-SLAPP bid by Twentieth Century Fox in its suit alleging Netflix poached its executives, rejecting Fox’s arguments that the streaming giant’s cross-complaint arises from protected speech or activity.

In a 20-page opinion, a unanimous three-judge panel held that Netflix’s claims against Fox centered around the lawfulness of Fox’s fix-termed employment contracts and not from Fox’s prelitigation communications or lawsuit against two former Fox executives who left their jobs for Netflix.

“Though the cross-complaint does contain allegations regarding prelitigation communications by Fox, those communications do not serve as a basis for...

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