News & Analysis as of

Communications Decency Act Online Reviews

Holland & Knight LLP

Fake It Until You Make It: FTC Targets Fake Reviews and Testimonials

Holland & Knight LLP on

Consumers often research a product or service before they make a purchase. Now more than ever, consumers rely on the reviews and testimonials they see online. This creates a breeding ground for deception. Enter the Federal...more

Bodman

Negative Online Reviews of Your Business: Disgruntled Does Not Necessarily Mean Defamatory

Bodman on

If you own a small business, someone has likely posted an online review of your company and its goods or services. From Yelp to TripAdvisor to Angie’s List to any number of websites tailored to particular industries or...more

Amundsen Davis LLC

Responding To Negative Online Posts About Your Business

Amundsen Davis LLC on

Every business struggles with negative online reviews. Unless the negative post directly violates hosts’ terms-of-use, it is highly unlikely that the host site (e.g. Yelp, Glassdoor, Instagram, etc.) will remove the post....more

Kelley Drye & Warren LLP

NAD Addresses When Companies may be Liable for Consumer Reviews

This is not another post about coronavirus claims, but we do need to start there. Truvani makes a dietary supplement that was formerly called “Under the Weather.”...more

Fisher Phillips

Best Practices For Addressing Negative Social Media Posts Caused By The COVID-19 Pandemic

Fisher Phillips on

As the COVID-19 pandemic continues, the healthcare industry is understandably fraught with unease and uncertainty. This, coupled with the ubiquity of social media, creates challenges for healthcare providers facing public...more

Fisher Phillips

Former Employee Firebombing – 5-Step Plan To Handle Incendiary Online Reviews

Fisher Phillips on

Your organization spends significant capital crafting your corporate brand and reputation to appeal to consumers and potential employees alike. Now, imagine the first internet search result for your company coming back in...more

K&L Gates LLP

Digital Crisis PR: Dealing with Negative Online Reviews

K&L Gates LLP on

Whether posted by customers, employees, or others, negative online reviews can be damaging to your business. In this episode, Elisa D’Amico and Desiree Moore offer four tips to manage and minimize the repercussions from...more

Clark Hill PLC

California Holds That Internet Service Providers, Such As Yelp, Can Disobey Orders To Remove Defamatory Posts – So How Can...

Clark Hill PLC on

It goes without saying that online reviews are important to companies. For consumers under 55, nearly 60% report that they “always” use online reviews to inform purchasing decisions, and another 34% report that they...more

Holland & Knight LLP

Craft Brewer Failed Attempt to Use Trade Secret Laws to Close the Door on Glassdoor Reviews

Holland & Knight LLP on

The public's increasing reliance on anonymous product and company reviews posted online often gives rise to complaints by the subjects of those reviews, especially when the reviews are negative or critical, and threaten to...more

Proskauer - New Media & Technology

Defend Trade Secrets Act Claims Subject to CDA Section 230 Immunity

In what is one of the most recent attempts to circumvent the immunity provided in Section 230 of the Communications Decency Act (“CDA” or “CDA Section 230”), the United States District Court for the District of Massachusetts...more

Snell & Wilmer

Attorney Petitions SCOTUS Regarding Former Client’s Defamatory Yelp Reviews

Snell & Wilmer on

A California attorney and her law firm filed a petition on October 18, 2018, asking the Supreme Court of the United States (“SCOTUS”) to review the California Supreme Court’s ruling that reversed an injunction that would have...more

Morrison & Foerster LLP - Social Media

Section 230 Survives to Fight Another Day Following California Supreme Court Decision

As we have noted previously, the California Court of Appeal’s Hassell v. Bird decision in 2016 upholding an injunction requiring Yelp to remove certain user reviews was discouraging to social media companies and other online...more

Proskauer - New Media & Technology

In a Divided Opinion, California Supreme Court Squashes End Run around CDA Immunity That Sought to Compel a Non-Party Online...

In a closely-followed dispute, the California Supreme Court vacated a lower court order, based upon a default judgment in a defamation action, which had directed Yelp, Inc. (“Yelp”), a non-party to the original suit, to take...more

White and Williams LLP

Clever Lawyering Does Not Thwart Communications Decency Act Immunity

White and Williams LLP on

Despite a recent trend indicating that it might be on life support, immunity under the Communications Decency Act (CDA) remains alive and kicking, at least in California. Based on Section 230 of the CDA, on July 2, 2018, the...more

Clark Hill PLC

Online Providers of Third Party Content Cannot be Forced to Remove Defamatory Statements

Clark Hill PLC on

People turn to the internet to find reputable businesses, compliment a local coffee shop, and even lambaste the service at a nearby restaurant. The ubiquitous influence of online ratings, rants, and reviews is felt by...more

BCLP

Online Review Website Cannot Be Forced To Remove Defamatory Posts

BCLP on

The California Supreme Court ruled that an online publisher cannot not be forced by a court to remove a third-party post that was judicially determined to be defamatory. The 4-3 ruling by the California Supreme Court, issued...more

Haight Brown & Bonesteel LLP

Yelp Cannot Be Ordered to Remove Defamatory Online Review Posted by Disgruntled Former Client About Law Firm; Court Upholds...

In our Alerts dated June 22, 2016 and September 22, 2016, we followed the case of Hassell v. Bird where a lower court, in a matter involving a defamation action brought by a law firm (“Hassell”) against a disgruntled former...more

Wilson Sonsini Goodrich & Rosati

California Supreme Court Rules That Section 230 of Communications Decency Act Prevents Courts from Ordering Online Services to...

On July 2, 2018, the California Supreme Court issued its long-awaited decision in Hassell v. Bird, a case that challenged the federal statutory immunity that online services have traditionally enjoyed under 47 U.S.C. Section...more

Ballard Spahr LLP

A Five-Star Decision: Yelp's Recent Victory Reaffirms The Broad Protections of Section 230

Ballard Spahr LLP on

In a closely watched decision with significant ramifications for online speech, earlier this week, the California Supreme Court struck down an injunction requiring Yelp, a popular online consumer review platform, to remove...more

Davis Wright Tremaine LLP

California Supreme Court Affirms Broad Section 230 Immunity

In a closely watched case, the California Supreme Court on Monday confirmed it will continue to broadly interpret the immunity provided by Section 230 of the Communications Decency Act, 47 U.S.C. § 230. Hassell v. Bird,...more

K&L Gates LLP

Section 230 Immunity Protects Yelp from Injunction Order to Remove Defamatory Posts

K&L Gates LLP on

In a long-awaited decision, the California Supreme Court ruled this week that Yelp cannot be forced to remove a review posted on its website. Hassell v. Bird, 2018 WL 3213933 (Cal. Sup. Ct. July 2, 2018). Both the superior...more

Verrill

Take That Down: Recent Lawsuit on Negative Reviews

Verrill on

“Beer: The cause and solution to all of life’s problems.” Mr. Homer J. Simpson would love the recent case of a Massachusetts craft beer company that has been trying in federal court to get the employment website Glassdoor...more

Orrick - Trade Secrets Group

California Supreme Court Will Hear Arguments This Week in Defamation Case With Implications for Online Publishers, Trade Secrets...

On Tuesday, April 3, the California Supreme Court will hear arguments in Hassel v. Bird.  Case No. S235968.  While seemingly a defamation case, it has direct implications on trade secrets owners and the rights of internet...more

Fisher Phillips

California Employers May Sue For Online Defamation

Fisher Phillips on

The situation is a familiar one. Disgruntled current or former employees leave negative and harmful comments about their employer on online workplace review websites such as glassdoor.com or vault.com, or on customer review...more

Morrison & Foerster LLP - Social Media

Yelp Case Shows CDA §230 Still Has Teeth

2016 has been a challenging year for Section 230 of the Communications Decency Act (CDA) and the website operators who depend on it for protection against liability stemming from user-generated content. An unusually large...more

37 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide