GMSR secures reversal of anti-SLAPP dismissal on the basis of circumstantial evidence

GMSR’s client, Broadcom subsidiary LSI Corporation, sued a former employee for breaching a confidentiality agreement.  Among other things, LSI alleged that the employee disclosed LSI’s confidential information to his wife’s company by retaining LSI’s confidential material when he left LSI, and then posting that information to the public website  Almost all of the evidence was necessarily circumstantial because the employee flatly denied posting the information.  The employee filed an anti-SLAPP motion, which the trial court granted.

On appeal, GMSR urged that LSI satisfied its limited prong two burden—showing that its claim had at least minimal merit—by establishing an inference based on circumstantial evidence that the employee made the scribd posting.  The Court of Appeal, Sixth District, agreed.  Finding that sufficient evidence supported a reasonable inference that the employee had wrongfully disclosed the information, the Court of Appeal reversed and directed the trial court to enter a new order denying the employee’s anti-SLAPP motion.

To read the Court of Appeal Opinion, click here:  LSI Corporation v. Gunnam et al. (May 22, 2023, H049521, H049523) 2023 WL 3577288 [Sixth District]