Patton Boggs and partner Richard Oparil cannot use California’s anti-SLAPP law to avoid a defamation action for allegedly litigating a case in the press.

The Second District Court of Appeal has ruled that mobile software company GetFugu and executive Carl Freer can proceed with a suit that accuses Oparil, a partner in Washington, D.C., of issuing a press release that falsely asserted the company was under investigation by the FBI.

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