Law Firm’s Press Release Ruled Not Defamatory

When a California law firm won in the liability phase of a potentially multi-billion dollar whistleblower lawsuit, it put out a press release blowing its own horn. The defendant, said to be largest plastic pipe manufacturer in the world, sued the firm for defamation and trade libel. But a California appeals court, reversing a trial judge, ruled that the state’s statutory fair report privilege protected the firm. It may be guilty of “self-promotion and puffery,” said the court, but the firm’s description of the case in its press release “falls comfortably within the permissible degree of flexibility and literary license afforded communications to the media concerning judicial proceedings.”