Update on Blue Shield's lawsuit against me

My lawyer filed a motion yesterday for dismissal of Blue Shield’s lawsuit accusing me of disclosing confidential information. The motion argues that Blue Shield has shown no probability it will prove I did anything wrong and that its lawsuit chills my 1st Amendment right to participate in public discussion about Blue Shield.

A couple of highlights from the brief:

  1. The disclosures Blue Shield alleges I made are authorized under state and federal laws protecting whistleblowers and those petitioning for governmental action.
  2. The Blue Shield employee handbook, whose confidentiality provisions Blue Shield relies on to claim a breach of contract, is, by its own terms, not a contract: “Nothing in this Handbook, or any Blue Shield of California policies, rules or guidelines, or the Code of Business Conduct, is intended to be and is not a contract (express or implied)…”

Blue Shield’s complaint against me and my motion to strike their lawsuit, including my declaration in support, are here.