News & Analysis as of

Defamation Non-Disparagement Provisions

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 -
Farrell Fritz, P.C.

Freedom (But with Consequences): In Delaware, Absolute Litigation Privilege Inapplicable to Nullify Contractual Non-Disparagement...

Farrell Fritz, P.C. on

The absolute litigation privilege is a long-standing legal principle that statements made during the course of a judicial proceeding by participants in the proceeding (whether parties, attorneys, witnesses, or judges) are...more

Tucker Arensberg, P.C.

School District Subject to Suit for Manner of Completing Act 168 (“Pass the Trash”) Form

Tucker Arensberg, P.C. on

Dale McClendon v. The School District of Philadelphia, 2023 WL 4237080 (E.D. Pa 2023). (Federal court held that a school district was subject to due process and breach of contract claims for the manner in which it completed a...more

Manatt, Phelps & Phillips, LLP

Employer’s Suit Over Employee’s Book Moves Forward

A federal court permitted a company to bring claims of non-disparagement and defamation against a former employee after he authored a book on workplace bullying—even though the book didn’t name the employer....more

Greenberg Glusker LLP

#MeToo Movement: CA Continues to Chip Away at Sexual Harassment in Employment

Greenberg Glusker LLP on

Among the many legislative bills signed into law by Governor Jerry Brown on his way out of office, no less than five of them take aim at preventing sexual harassment and depriving bad actions from being covered up. The...more

Greenberg Glusker LLP

New Laws Roll Out as the Governor Heads Out

Greenberg Glusker LLP on

Governor Jerry Brown has signed a number of laws into effect, many of which are designed to strengthen minority protections and bolster California’s laws against sexual harassment and assault. Many of these laws create new or...more

Lewitt Hackman

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

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

Pillsbury Winthrop Shaw Pittman LLP

The Freedom to Yelp: Congress Curbs ToS Overreach

Worried about a company retaliating against you when you post a negative review on Yelp or TripAdvisor? Worry no longer because Congress has your back. Last week, Congress passed a law that will make it illegal for companies...more

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