The series focuses on how recent court rulings have enabled many companies increasingly to use grassroots political techniques and strategic litigation to actively generate opposition against a competitor’s project and protect their market share. The articles, published as a Law360 Expert Analysis series, have broad implications in competitive commercial real estate battles across virtually every industry and sector.
Part 1, published in February, summarized the impact of U.S. Supreme Court rulings on the First Amendment’s right to petition clause and recent protections against strategic lawsuits against public participation from developers; part 2, published last month, explored the legal foundation provided by the first two Supreme Court cases on Noerr and Pennington; part 3 shows how the Supreme Court clarified and expanded the legal foundation of the Noerr-Pennington doctrine; and part 4 will provide new insights from recent lower court rulings that expand the right-to-petition clause.
To access the Law360 series, click here. If you are not a subscriber, you can sign up for a free trial. Part 4 will be publishing at the start of May.
A Lexis-Nexis company, Law360’s series is drawn from Jeff Gould’s comprehensive white paper on Protecting Market Share, The Boundaries of Competitive Engagement, which can be accessed here.