Appellate court sides with firm client FAITH NO MORE in anti-SLAPP spat
April 4, 2017 – The state Court of Appeal in Los Angeles today affirmed a trial court’s rejection of an anti-SLAPP (“Strategic Lawsuit Against Public Participation”) motion made in a case brought by the firm for cult-rock band FAITH NO MORE against defendants Manifesto Records and its principal, Evan Cohen. The parties’ dispute centers on Manifesto and Cohen’s alleged interference with the band’s 1989 settlement agreement with a former member that covered rights in and to the band’s seminal 1985 debut album, “We Care A Lot,” which Manifesto rereleased on its label in 2014 without the band’s knowledge or consent. In a thorough 22-page opinion, a three-judge panel of the court unanimously rejected defendants’ arguments that the band’s claim that Manifesto and Cohen deliberately interfered with that agreement lacked merit, finding that the band “stated and substantiated a legally sufficient claim for intentional inference with contractual relations” against them. The court also disposed of Manifesto and Cohen’s lone legal defense to that claim, holding that the federal Copyright Act did not preempt the band’s interference claim. The court’s decision clears the way for the case to proceed. A further case management conference in the trial court is scheduled for May 3rd. In August of last year, the band authorized a remastered version of “We Care A Lot”, released on Koolarrow Records and including nine bonus tracks of original demos, new mixes and old live recordings.