Anti-SLAPP doesn’t protect defamation intended to settle theoretical litigation

California’s Anti-SLAPP (Strategic Lawsuits Against Public Participation) statute is intended to curtail lawsuits brought primarily to chill the rights of petition or free speech under the United States or California Constitutions in connection with speech of public concern. The Anti-SLAPP statute provides the employer the ability to have such claims dismissed before trial. In a recent decision, the California Court of Appeal clarified that not all prelitigation statements to former employees will constitute activity subject to California’s Anti-SLAPP law and subject to a motion to strike.