Kirkland

FACTS AND PROCEEDINGS BELOW

The facts relevant to the anti-SLAPP motions are undisputed. Plaintiff Kirkland is the former outside general counsel of U.S. Aerospace, Inc. (USAE) and plaintiff Arnold is a former consultant to the company. In December 2010, concerned about possible breaches of fiduciary duty and professional responsibility on the part of Kirkland and Arnold, officers of USAE retained Rappaport and his law firm, Akin Gump, “to provide advice regarding the propriety of actions taken by Mr. Kirkland, Mr. Arnold and other corporate fiduciaries working in cooperation with Mr. Kirkland and Mr. Arnold.” The officers “requested that [Rappaport and his firm] provide USAE with a recommendation of what steps, if any, should be taken by USAE, including litigation, to protect USAE.” The officers also provided Rappaport and his firm “factual information about actions taken by Mr. Kirkland, Mr. Arnold and other corporate fiduciaries working in cooperation with Mr. Kirkland and Mr. Arnold that concerned [them].”

1 Except where otherwise stated, the statutory references are to the Code of Civil Procedure. The acronym SLAPP stands for Strategic Lawsuit Against Public Participation,…