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Communications & Media Personal Injury

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.

Actor James Woods’ Multiple Lawsuits Highlight Dangers of Inflammatory Social Media Postings

by Akin Gump - Excubitor on

Earlier this year, a resident private citizen filed suit against celebrity James Woods, alleging that he defamed her via his postings on a popular short-form social media. The current suit follows a similar case brought by...more

Associated Press Files Anti-SLAPP Motion in DC Federal Court Diversity Case

by LeClairRyan on

In January, I wrote about the DC Court of Appeals’ then-recent Mann decision, and specifically about the Court’s response to the DC Circuit’s Abbas decision, which held that the DC anti-SLAPP statute could not apply in a...more

Are False Accusations Of Copyright Infringement Defamatory?

Is it defamatory to falsely accuse someone of infringing intellectual property? Last month, the California Court of Appeal, in FilmOn.com v. DoubleVerify, Inc., affirmed the dismissal of a defamation action in which the...more

Sarah Palin’s Suit Against The New York Times Faces Some Key Challenges

by Akin Gump - Excubitor on

On June 27, Sarah Palin, former Alaska governor and vice-presidential candidate, filed a complaint against The New York Times for defamation in the Southern District of New York. Palin alleges a Times editorial defamed her by...more

Coal Executive Has His Feelings Hurt by Television Comedian John Oliver, Sues for Defamation

by Akin Gump - Excubitor on

In a Sunday, June 18, 2017, segment on John Oliver’s news comedy television show, Last Week Tonight, Oliver predicted that the founder and CEO of the largest privately owned coal company in the United States, the litigious...more

Trail Immunity Not a Given for Public Agencies When Injuries Caused by Adjacent Property

by Best Best & Krieger LLP on

Of the many immunities available under the California Government Code, “trail immunity” under section 831.4 has long shielded public entities from liability when injuries are suffered by those using public property for...more

Massachusetts Supreme Judicial Court Tosses Out Defamation Case Against Deval Patrick Based on Failure to Plead “Actual Malice”

by Akin Gump - Excubitor on

Last week, the Massachusetts Supreme Judicial Court dismissed a defamation case against former Governor Deval Patrick, related to statements Patrick had made about his decision to replace the chair of the State Sex Offender...more

Supreme Judicial Court Punts On Executive Defamation Privilege

Last week, everyone in Washington, D.C. was talking about the invocation of “executive privilege,” the ability of a President to withhold information from, for example, an investigation into Russian influence on the U.S....more

Latest Updates To Ediscovery for Defendants Cheat Sheet

by Reed Smith on

This is our quasi-annual update to our cheat sheet about ediscovery for defendants. Essentially that means using discovery to obtain access to what plaintiffs have said about themselves, and their supposed injuries, on...more

How Can Social Media Negatively Impact Your PI Case?

With the advent of smartphones and social media apps, many Southern Californians have become extremely comfortable sharing pictures, video recordings and other content about themselves on their social media accounts. ...more

May 2017: California Court Issues Decision Regarding Protection of Statements to Press Regarding Litigation

In Argentieri v. Zuckerberg, 8 Cal. App. 5th 768 (1st Dist. 2017), the California Court of Appeal recently held that an attorney’s statements to the press summarizing the allegations of a complaint are protected by the “fair...more

Jury Selection Begins in “Pink Slime” Defamation Trial

by Akin Gump - Excubitor on

Beef Products, Inc. and ABC News will begin selecting a jury today in South Dakota state court in a case involving an allegedly misleading report about finely textured beef, which ABC News described as “pink slime.” The trial...more

Proliferation of User Generated Fake News Sites Targeting Small Businesses

by Akin Gump - Excubitor on

A recent investigation uncovered two separate networks that together own at least 30 identical sites, each of which allows users to “prank” their friends by creating their own false news stories and post the creations to...more

California Court of Appeal Clarifies the Limits of the Attorney-Client Privilege for Communications with an Attorney and a Third...

by Payne & Fears on

A recent decision by the California Court of Appeal in Behunin v. Superior Court, 9 Cal. App. 5th 833 (2017), is a reminder that a party’s communications with an attorney and a third party consultant must be reasonably...more

Maintain immunity under the Communications Decency Act [MCLE]

by Buchalter on

What should you do if users start using your client’s website to post hateful, obscene or defamatory comments and images? User-posted content can damage your business image and, with the wrong set of facts, result in legal...more

Defamation Suit against Buzzfeed Will Proceed in Miami

by Akin Gump - Excubitor on

On May 22, 2017, the U.S. District Court for the Southern District of Florida denied the motion of Buzzfeed, Inc. (“Buzzfeed”) and its editor-in-chief to transfer to New York a defamation lawsuit involving Buzzfeed’s...more

Legislation Protecting Victims of Non-Consensual Distribution of Intimate Images

by Field Law on

On May 1, 2017, the Alberta legislature passed Bill 202, which created the Protecting Victims of Non-Consensual Distribution of Intimate Images Act (the “Act”). The Act seeks to protect individuals from having intimate images...more

Libel by tweet. #Beware.

by Thompson Coburn LLP on

Everything is terse on Twitter. Even alleged libels. Like the Courtney Love case: $430K settlement over a single tweet. Now like music producer Dr. Luke’s case against lawyer Mark Geragos. Dr. Luke (real name Lukasz Gottwald)...more

Negative Reviews: Seeing Stars or Trolls? Here's What You Can and Can't Do

by Lewitt Hackman on

Trolls aren’t just fictional creatures living under bridges in fairy tales – today they are anonymous but highly visible creatures plaguing individuals and businesses on social media. They’re angry, vindictive and financially...more

Bob Latham Talks Twibel in Lawyer Monthly

by Jackson Walker on

Bob Latham recently penned a short commentary for U.K.-based Lawyer Monthly magazine on the topic of twibel, a newly-coined term that refers to defamatory statements made over Twitter. In the article, he discussed the idea of...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19661 - ARS Investors II 2012-1 HVB, LLC v. Crystal, LLC - Owner recorded an unapproved subdivision map of its commercial property into three lots and then granted a...more

Negative Reviews: Franchises Pursuing Truth, Justice, & Defamation Claims

by Lewitt Hackman on

Franchised businesses, particularly restaurants, hotels, automotive servicers and others have been falling victim to the digital age. Many consumers now choose the places they do business based on what they read on Yelp,...more

Defamation and data protection claims can be brought in parallel

by White & Case LLP on

The English Court of Appeal has confirmed in a recent case that data protection claims may be brought hand-in-hand with defamation claims. The case provides a reminder to businesses that the use of data protection as a weapon...more

Texting and Driving – The Evolving Theories of Liability

Distracted driving has become one of the leading causes of motor vehicle accidents and fatalities in the United States. In 2014 alone, Pennsylvania saw more than 13,964 crashes involving a distracted driver, including 49...more

How To Disparage But Not Defame Your Wedding Planner

It’s March, which means that wedding season is nearly upon us. Let’s say you run your own wedding-related business with one employee: you. A customer gives you a review on the internet that is not only negative, but contains...more

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