Richard Raysman

Richard Raysman

Holland & Knight LLP

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Reviews Posted Under a Pseudonym Could be Defamatory

As written on this blog before, plaintiffs often have difficulty when alleging claims of defamation against anonymous defendants. Unsurprisingly, websites that provide a forum for anonymous commentary are loathe to reveal the...more

7/17/2014 - Anonymity Anti-SLAPP Corporate Counsel Defamation Online Reviews Popular Websites

Message Board Post Highly Critical of Company is Opinion and Thus Not Defamatory

An essential defense to a defamation claim is "pure opinion." In other words, if the defendant can show that the statements alleged to be defamatory are opinions protected under the relevant free speech laws, the defamation...more

7/16/2014 - Corporate Counsel Defamation First Amendment Internet Pharmaceutical Social Networks Statement of Facts

Virginia Supreme Court Agrees to Hear Appeal in Yelp Users Defamation Case

Yelp.com (Yelp) labels itself an "online urban guide." Specifically, the website allows users to write reviews about experiences at businesses they've visited. It also permits users to browse the posted reviews. The...more

6/18/2014 - Defamation First Amendment Internet Online Reviews Popular Yelp

Pejorative Statements by Former Patient are not Defamatory, but Protected Opinion

It is fair to say that doctors trade on their reputations more so than most other professionals. When one relies on the doctor to ensure his or her health, and occasionally save a life, the import of such a choice often...more

5/29/2014 - Defamation First Amendment Free Speech

Hyperlinking within an Online Article could Immunize the Speaker against a Defamation Claim

For even the most novice internet user, hyperlinks are undoubtedly helpful to the browsing experience. Hyperlinks assist users in navigating through the vast amounts of undesirable content on the web by providing a reference...more

11/6/2013 - Defamation Immunity Internet

Angry Facebook Posts and Tweets by Passenger about an Airport Employee Considered Expression of Frustration and Therefore not...

Twitter, Facebook and other social networking sites have become the latest battleground between two often conflicting legal concepts: the right of a person to speak freely, even in a vitriolic way, versus the right of another...more

10/16/2013 - Defamation Emotional Distress Damages Facebook False Light Free Speech Invasion of Privacy Slander Social Media Twitter

Choosing a Specific Domain Name and Adding Commentary to Defamatory Posts Causes Host to Lose ยง230 Immunity

Via Section 230, the Communications Decency Act (CDA) provides broad immunity for service providers, hosts and website operators for claims stemming from their publication of information created by third parties....more

8/16/2013 - Communications Decency Act Defamation Domain Names gTLD

Hyperlinks Do Not Republish Alleged Defamatory Material

In In re Phila. Newspapers LLC, 690 F.3d 161 (3d Cir. 2012), the Third Circuit held, among other things, that linking to previously published material is not "republication" under the single publication rule....more

12/5/2012 - Defamation Republication Single Publication Rule TheHuffingtonPost.Com

Travel Website Rankings of "Dirtiest Hotels" Based on User-Generated Content May Be Flawed, But Are Not Defamatory As a Matter of...

In Seaton v. TripAdvisor, LLC, 2012 WL 3637394 (E.D. Tenn. Aug. 22, 2012), a Tennessee district court held that an online travel ratings site that created a Top Ten Dirtiest Hotels list based upon user comments and data is...more

9/14/2012 - Defamation TripAdvisor User-Generated Content

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