October 10, 2018
LS Writes Article for Florida Bar About Florida’s Litigation Privilege
The litigation privilege protects participants in judicial proceedings from liability for acts or statements made during and necessarily preliminary to litigation, prioritizing free disclosure and adversarial advocacy over reputational harm. The general rule holds that pre-suit notices, as required by Florida law, are considered "necessarily preliminary" and are absolutely privileged; however, it is more complicated than that.