Kelli L. Sager

Navigating novel territory in defamation law, Sager convinced a trial court judge in August that reporting someone is transgender does not hurt their reputation.

Fitness guru Richard Simmons had sued the publisher of National Enquirer over articles it published claiming he had withdrawn from the public to explore becoming a woman — which he has denied.

“The judge agreed that whether or not he was, that’s not the kind of thing that a court should say is odious as a matter of law, that that’s something that people will think less of you for, any more than they would think less of you if you were gay,” Sager said.

With no relevant published decisions and limited litigation in the space, the judge ruled as a matter of first impression. Now up on appeal and in the briefing stage, Sager doesn’t anticipate a hearing date until the fall.

A veteran attorney defending studios, producers and writers, Sager said she’s witnessed California law evolve to better protect defendants from defamation suits, pointing to the passage of the anti-SLAPP statute that knocks out claims protected by free speech early on.

The increased stumbling blocks have led plaintiffs’ attorneys to pursue other claims in the entertainment space, she said. There’s been a swell in ideas submissions and copyright suits in the last few years.

Sager’ is in the middle of one right now, with the plaintiff claiming that the film “The Purge” was based on his stolen screenplay.

He admits he never met with anyone directly involved with the film, including screenwriter James DeMonaco, Sager said.

The plaintiff’s theory is that because his manager pitched his screenplay to an agent at United Talent Agency, and because DeMonaco also has an agent at UTA, that his screenplay must have ended up in DeMonaco’s agent’s hands. After a trip to the 9th Circuit U.S. Court of Appeals, which ruled anti-SLAPP statutes don’t apply to these types of claims, it’s set to play out in district court. The suits have limited the number of submissions studios and networks are taking, Sager said.

“Because it’s so easy to make one of these claims that, even if you win, defending it is expensive,” she explained. “So I think it’s reducing the opportunity that anybody has to get in the door and talk to someone at a studio.”

— Lila Seidman