OVERSTOCK.COM, INC., et al., Plaintiffs and Respondents,
v.
GRADIENT ANALYTICS, INC., et al., Defendants and Appellants.
Court of Appeal of California, First District, Division Four.https://leagle.com/images/logo.png
May 30, 2007.
May 30, 2007.
Attorney(s) appearing for the Case
Keker & Van Nest, LLP, John W. Keker, Susan J. Harriman, Steven A. Hirsch, San Francisco, DLA Piper Rudnick Gray Cary US LLP, Perrie M. Weiner, Edward D. Totino, Los Angeles, for Gradient Appellants.
Lowenstein Sandler PC, Gavin J. Rooney, Roseland, NJ, Michael J. Hahn, Sherman Oaks, Paul, Hastings, Janofsky & Walker LLP, Grace A. Carter, Hilton S. Williams, San Francisco, for Rocker Appellants.
Hunton & Williams LLP, Colleen Heisey, John Jay Range, Washington, DC, M. Christine Klein, Richmond, VA, William P. McKeithan, Davis Wright Tremaine LLP, Thomas R. Burke, San Francisco, Lucy A. Dalglish, Gregg P. Leslie, Casey P. Murray, for Amici Curiae on Behalf of Appellants.
Stein & Lubin LLP, Theodore A. Griffinger, Jr., Ellen A. Cirangle, San Francisco, Tanya Herrera, Freitas, McCarthy, MacMahon & Keating, Thomas F. Keating, Jr., Neil J. Moran, San Rafael, for Respondents.
Bill Lockyer, Attorney General, Tom Greene, Chief Assistant Attorney General, Albert Norman Shelden, Senior Assistant Attorney General, Ronald A. Reiter, Supervising Deputy Attorney General, Kathrin Sears, Deputy Attorney General, for Amicus Curiae on Behalf of Respondents.
Court of Appeal of California, First District, Division Four.
REARDON, J.
A company that produces and publishes subscriber-based analytic reports on public companies, regularly collaborating with the principals of hedge funds and other institutional investors to produce custom, negative reports on targeted companies, stepped over the line into defamation and other torts with respect to the flurry and timing of reports on an online closeout retailer. The hedge fund principals took short positions in the stock and worked closely...
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