SLAPP Law Doesn’t Kill Privacy Act Claim For Secretly Recording Phone Conversations

Washington’s anti-SLAPP law does not protect a law firm and its attorneys, who transcribed telephone calls with an opponent’s former employee without his knowledge, from possible liability for invasion of privacy, the Washington Court of Appeals, Division One, held Jan. 21 (Dillon v. Seattle Deposition Reporters, LLC, 2014 BL 15875, Wash. Ct. App. Div. 1, No. 69300-0-I).

The court ruled that when lawyers surreptitiously record conversations to gather evidence in a litigation matter, that activity does not involve “public participation and petition” so as to be protected by the state statute that forbids “strategic lawsuits against public participation,” ...