Wynn

ORDER GRANTING MOTION TO DISMISS

Re: Dkt. No.

Plaintiffs Stephen Wynn and Wynn Resorts, Ltd. (collectively, “Wynn”) allege that defendant James Chanos falsely stated that Wynn violated the Foreign Corrupt Practices Act (“FCPA”) at a symposium at the University of California at Berkeley. That is not what Chanos said. I find that Chanos’s statements regarding Wynn and - the FCPA violations do not constitute slander per se and were protected opinions, not assertions of fact. In addition, the complaint does not adequately plead actual malice. Chanos moves to dismiss and also to strike under California’s anti-SLAPP statute, claiming that his speech is a matter of public interest and that Wynn’s defamation claim fails as a matter of law. 1 Because Chanos is correct, I GRANT the motion to dismiss.

*1232 BACKGROUND

Stephen Wynn is the Chief Executive Officer and Chairman of the Board of Wynn Resorts, a publicly traded corporation that develops, owns and operates resorts in Las Vegas and Macau. Compl. ¶¶ 2-3 (Dkt. No. 1); Mot. Dismiss at 3 (Dkt. No. 16). Chanos is the owner and manager of a private investment management firm. 'Mot. Strike at 3 (Dkt. No. 11). He is well known for his…