Rivkin Radler Obtains Landmark Anti-SLAPP Decision Dismissing Leon Black’s Malicious Prosecution Action

In Black v. Ganieva, et al., Rivkin Radler Partner Max Gershenoff, arguing on behalf of the employment law firm, Wigdor, secured a landmark decision in the Appellate Division, First Department. The decision dismissed a malicious prosecution suit filed by multi-billionaire Leon Black against Wigdor, which had previously represented Black’s accuser in an action alleging sexual assault and defamation.

The Appellate Division also found that Wigdor was entitled to recover the attorneys’ fees it incurred in defending against Black’s defective malicious prosecution claim.

This decision is the first ever to apply New York’s amended anti-SLAPP statute to a malicious prosecution action, and it represents a significant victory not only for Wigdor, but for the legal profession. The decision makes clear that lawsuits alleging sexual assault and defamation are subject to the protections of the New York anti-SLAPP statute. It also signifies that plaintiffs who subsequently contend that such lawsuits constitute malicious prosecution must come forward with substantial evidence in order to avoid dismissal of their malicious prosecution claims.

In addition to Max, the Rivkin Radler team included Janice DiGennaro, Yonatan Bernstein and Peter Henninger.

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