Defamation

Defamation is a false statement, either written or oral, that harms the reputation of another person. In order to recover for defamation, a victim must establish that 1) the statement was false 2) the statement... more +
Defamation is a false statement, either written or oral, that harms the reputation of another person. In order to recover for defamation, a victim must establish that 1) the statement was false 2) the statement was communicated or published to a third party 3) the defendant caused the statement to be communicated or published, either intentionally or at least negligently 4) some harm was suffered as a result. less -
News & Analysis as of

Employment Law Navigator – Week in Review: February 2016 #2

We’ve written a lot about employee health data and the inherent risks of requesting and maintaining this sensitive information. Last week, Forbes published a post arguing that employee health data could be the next business...more

Do Your Employees Hate Trump? Comb-over Your Social Media Policy before the Caucus

The media is buzzing about presidential candidates, and it is only revving up as the Iowa caucuses—the first to be held in the country each year—draw near on February 1st. Following closely on Iowa’s heels will be New...more

Will the Zippo sliding scale for Internet jurisdiction slide into oblivion?

Though Internet communications seem to occur in a mystical electronic ether (which we once called cyberspace), authors of Internet messages can be held accountable for them in that very traditional physical place known as a...more

A New Year’s Resolution: Avoid The Rising Tide of Defamation Claims In The Health Care Arena

In college and graduate school, we all had professors that had “non-attribution/academic freedom” policies designed to foster open debate, critical thinking and robust discussion. To state the obvious, we are a long way from...more

As The Rotunda Turns . . . Affair, Coverup, Retaliation — And Lawsuit Against State House

You may have heard about the two Tea Party legislators in Michigan who were having an affair, engaged in a bizarre cover-up that failed, had to resign/were expelled, and then lost their election bids to get their seats back....more

Second Circuit Tells Public Figures Suing For Defamation: We Need Plausible Factual Allegations Of Actual Malice

In Biro v. Condé Nast, et al., the Second Circuit recently determined that, in a defamation action, limited-purpose public figures must plead in a “plausible way” that the defendants acted with actual malice, citing Federal...more

Global Anti-Corruption Perspective: Conducting Investigations in the Middle East: 10 Key Considerations

It is now commonplace for corporate entities to conduct investigations or risk assessments in multiple territories and jurisdictions at the same time. This type of work is, in part, a direct consequence of increasingly global...more

Online Defamation: Linking and Liking

Defamatory content on the internet?? Throw a metaphorical rock into the ether and you’ll hit something that meets the definition of defamatory content. In order to establish a claim for defamation, a plaintiff must establish...more

Franklin v. The Daily Holdings, Inc. - New York Supreme Court, Appellate Division, 1st Judicial Department

In defamation suit arising from report of nightclub confrontation between rappers, New York appellate court holds that plaintiff adequately alleged that published statements taken out of context from his Twitter post were...more

Digital Defamation Update: Recent Decisions Highlight Issues with Tweets, Hyperlinks

The rapid spread of social media sites has opened up unparalleled opportunities for voices that might have once gone unheard to resound across the world. While these channels can be undeniably advantageous in many contexts,...more

UVA Fraternity Sues Rolling Stone Over “Rape On Campus” Story For $25 Million

Recently, the University of Virginia (“UVA”) chapter of the Phi Kappa Psi fraternity filed a lawsuit against Rolling Stone magazine in Virginia state court for $25 million alleging defamation in connection with its ‘A Rape on...more

Risks Engendered By Use of Social Media During Employment

Sharing personal and work-related information on social media sites has become a prevalent practice for many employees nowadays. Likewise, social media is also used by employers as a platform to connect with the public and to...more

Online Negativity: How to Fight Back

The internet is a powerful channel for communication, with great strengths compared to other media. It has been referred to as the "largest public space in human history”. Internet communications can reach an unlimited...more

Turning the table on Whistleblowers: Alabama state court allows employer lawsuit to proceed against whistleblower

With whistleblower lawsuits on the rise, what options do companies have when faced with a whistleblower of their own. Can a company turn the table on a whistleblower who wrongfully accuses the company of bad...more

Second Circuit Upholds NLRB Decision: Discharge of Employees for Facebook “Likes” Was Unlawful

On October 22, 2015, the Second Circuit Court of Appeals affirmed the National Labor Relations Board’s (NLRB) decision that Triple Play Sports Bar and Grille (Employer) violated Section 8(a)(1) of the National Labor Relations...more

Second Circuit Finds Facebook “Likes” Protected Under NLRA

On October 21, 2015, the Second Circuit clarified in Triple Play Sports Bar and Grille v. National Labor Relations Board that protections provided under Section 7 of the National Labor Relations Act (“NLRA”) encompass...more

That is SO last week - October 2015 #4

Last week, the Second Circuit Court of Appeals issued its summary decision in Triple Play Sports Bar and Grille. Affirming the National Labor Relations Board, the Court held that an employee’s Facebook comments about working...more

Denial Isn’t Just A River In Egypt – It May Be Defamation. Ask Bill Cosby.

This is essentially what recently happened to Bill Cosby. Three women said that Mr. Cosby sexually abused them many years ago, before many of you were born. The incidents fell well outside the statutes of limitations, so the...more

Stretched Past Its Limits: Have The Courts Extended Immunity From Online Tort Liability Too Far?

I have practiced entertainment and technology law for over 30 years. More than any other area of the law, the developments and enhancements in technology have outpaced the law’s ability to take those developments and...more

Socially Aware: The Social Media Law Update Volume 6, Issue 4

Five social media law issues to discuss with your clients - The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this...more

That is SO last week - October 2015 #2

Last week, Fortune introduced us to a new HR tech product called Perception. According to Fortune, Perception creator Kanjoya claims that the program can interpret the “intent and emotions” behind written text and filter out...more

Greene v. Paramount Pictures Corp. - USDC, E.D. New York, September 30, 2015

District court grants defendants’ motion to dismiss invasion of privacy claims, holding that defendants’ film “The Wolf of Wall Street” did not use plaintiff’s actual name or image, and grants in part and denies in part...more

Twitter Ordered by Irish Court to Disclose Information about Author of Tweet

Twitter International Company (TIC) in Dublin, Ireland was reportedly ordered by a High Court to disclose data about the source of tweets about a whistleblower. The tweets, which included allegations of insurance fraud, are...more

Jeepers, Creepers: The Launch of the New “Peeple” App and Privacy Concerns

It’s 12:43 in the morning, and you have had a tough day at work. You are tired, thinking slowly, and feeling a little anxious that you should already be in bed to catch some rest before a 6 a.m. wake-up call. And then you get...more

FRANCHISOR 101: Franchise Systems Can Fight Online Negativity

One of today's challenges faced by franchisors and franchise systems is negative remarks posted online by a customer, ex-employee, or even a dissatisfied franchisee. Negative comments appear in sites created specifically to...more

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