Legal Memos

BioCorRx, Inc. v. VDM Biochemicals, Inc. (2024) 99 Cal.App.5th 727. This is a SLAPP case. A special motion to strike was filed in connection with allegations in a cross-complaint regarding statements that were made in a company’s press releases about its development of a new product. The press release allegedly made misrepresentations and improperly disclosed confidential information about a treatment the company was developing. The Court found the statements fell within the commercial speech exemption because they were representations about the company’s business operations that were made to investors to promote its goods and services through its sale securities. Those statements are not protected by the SLAPP statute and the appellate court reversed the trial court determination granting the SLAPP motion as to the press releases. The motion was however properly granted the Court found with respect to other allegations with respect to the allegations filed against the company’s President and Director.


Related Attorney(s):
Gregory L. McCoy