Aug. 5, 2003

'Safe Harbor' Shields Actions Taken Under Laws Later Declared Invalid

Focus Column - Litigation - By David Martinez - The so-called "safe harbor" defense to claims brought under the state's unfair-competition law provides that a defendant may not be held liable under the "unfair" prong of the law for conduct that the Legislature expressly authorized or approved. See Cel-Tech Communications Inc. v. Los Angeles Cellular Tele. Co. , 20 Cal.4th 163 (1999).