Episode Summary:

In this episode of Deals and Disputes, Jay Rudinger, partner at West Webb Allbritton & Gentry, explores the Texas Citizens Participation Act (TCPA)—an anti-SLAPP law aimed at protecting free speech, association, and petitioning rights. Jay explains how the law has evolved since its inception in 2011, where it has been stretched or misused in unexpected ways (like Little League disputes), and how recent amendments have reined it in. The episode dives into real-world applications, its impact on business and employment law, and the strategic importance of understanding TCPA in both filing and defending lawsuits in Texas.

Key Timestamps:

00:01 – Show Introduction

00:48 – What Is the TCPA and Why Was It Created?

02:15 – What Is a SLAPP Lawsuit?

03:10 – How the TCPA Became a Legal Sledgehammer

05:35 – Business and Employment Cases Affected by the TCPA

08:10 – The “Right of Association” and Misuse in Trade Secret Disputes

10:02 – How the Legislature Responded with Amendments

12:00 – Defamation in the Workplace and Social Media

14:25 – How Courts Interpret “Matters of Public Concern”

16:08 – Legislative and Judicial Adjustments Since 2019

18:22 – TCPA in Attorney Discipline and Malpractice Cases

20:50 – How Interlocutory Appeals Delay Cases for Years

23:10 – What the Definition Section of the TCPA Covers

25:45 – How Defense Attorneys Evaluate TCPA Eligibility

28:00 – Filing a Defamation Lawsuit Under TCPA Rules

30:30 – How to Prepare for TCPA If You're the Plaintiff

32:45 – Final Thoughts on Strategic Use and Legislative Narrowing

34:10 – Closing Remarks and Contact Info

About the Show:

Deals and Disputes is a legal podcast from West Webb Allbritton & Gentry exploring real-world issues in business, litigation, and personal legal matters. Join our attorneys as they break down complex laws into clear, actionable insights for professionals, entrepreneurs, and individuals