Malin v. Singer (2013)

In this appeal, Horvitz & Levy represented well-known entertainment lawyer Martin Singer. The California Court of Appeal agreed with Horvitz & Levy’s arguments and reversed the trial court’s determination that Singer had committed criminal extortion by sending a pre-lawsuit demand letter. In an opinion that has garnered much attention in the legal and entertainment press, the court held Singer’s letter was protected by the First Amendment and the litigation privilege. Consequently, the court reversed the trial court’s denial of Singer’s anti-SLAPP motion with respect to the extortion claim. The opinion makes clear that lawyers have wide breathing space to advocate for their clients in pre-suit demand letters.