Benjamin Cohen, of our Ft. Lauderdale office, was retained to defend a law firm and two of its attorneys, individually, against a motion for sanctions under § 57.105, Fla. Stat. brought by a commercial attorney that the firm had sued for defamation. The attorney sought six figures in fees from the law firm and its attorneys claiming that there was no legal basis for bringing the claim. The case involved allegations of tortious interference, defamation, and other causes of action and the Defendant lawyer was asserting that his publications, if any, were subject to and protected by the absolute litigation privilege as they were made to clients or prospective clients within the course and scope of his actual or prospective representation. At a contentious evidentiary hearing on the issue, Ben was able to convince the Judge that the published communications were not made within the course and scope of the Defendant attorney’s actual or prospective representation, and thus, the communications were not subject to the litigation privilege.