Court of Appeals Building, Albany, NY. (Rick Kopstein)
We are attorneys with Reed Smith and recently read an article titled “Attorneys Beware—Limited Immunity From Defamation Suits” (NYLJ, Dec. 21, 2016). In the article, the authors suggest that the new qualified immunity test applicable to pre-litigation statements set out in Front, Inc. v. Khalil, 24 N.Y.3d 713 (2015), may be overcome by a showing of malice. This same interpretation of Khalil was briefly discussed in the decision in Yukos Capital v. Feldman, 2016 WL 4940200 (S.D.N.Y., Sept. 14, 2016). We respectfully disagree with this interpretation of Khalil.
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