Parrish v. Latham & Watkins
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In a prior litigation, FLIR filed suit against their former employees for, among other things,
misappropriation of trade secrets. After the former employees prevailed in the underlying action, they obtained a ruling that the misappropriation of trade secrets claim had been brought against them in bad faith, which resulted in an order that FLIR pay the former employees their attorney fees and costs in an amount exceeding $1.6 million. Thereafter, the former employees brought the instant malicious prosecution action against Latham, the attorneys who had represented FLIR in the underlying action. The trial court granted Latham's motion to strike the complaint under Code of Civil Procedure section 425.16, the so-called anti-SLAPP statute. The court reversed, agreeing with the former employees that Code of Civil Procedure section 340.6 is not the appropriate statute of limitations for a malicious prosecution action, and that the former employees have presented sufficient evidence that they otherwise have a probability of prevailing.
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