News & Analysis as of

Defamation Privileged Communication

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 -
Vinson & Elkins LLP

Review of Attorney-Client Privilege, Work Product Doctrine, and the Crime-Fraud Exception

Vinson & Elkins LLP on

A recent privilege dispute in E.D.N.Y. case La Liberte v. Reid provides a prime opportunity to review the law and practical aspects surrounding attorney-client privilege, work product protection, and the crime-fraud exception...more

Hinshaw & Culbertson - Lawyers for the...

Illinois Appellate Court Rejects the Crime-Fraud Exception in a Defamation Claim

James MacDonald vs. Sally Wagenmaker, et.al., 2024 IL App (1st) 230089 (March 1, 2024) - Brief Summary - An Illinois appellate court reversed a discovery order compelling the defendant law firm to produce privileged...more

ArentFox Schiff

Illinois Appellate Court Declines to Extend Crime-Fraud Exception To Defamation Claims

ArentFox Schiff on

Allegations of defamation and conspiracy to defame alone are insufficient to establish the crime-fraud exception and defeat the attorney-client privilege, the Illinois Appellate Court recently held. In MacDonald v....more

Ervin Cohen & Jessup LLP

New California Law Protects Victims of Sexual Harassment, Discrimination or Assault From Claims of Defamation

The California Legislature recently passed Assembly Bill 933, a bill expanding privileged speech to expressly include communications regarding factual information pertaining to incidents of sexual assault, harassment or...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Extends Defamation Privilege Defenses to Assault, Sexual Harassment, and Workplace Discrimination Complainants

On October 10, 2023, Governor Gavin Newsom signed into law Assembly Bill (AB) No. 933. The new law provides further protection to individuals who are victims of sexual offenses and are sued under state defamation law....more

Mintz - Employment Viewpoints

New California Law Extends Defamation Privilege to Communications Related to Sexual Harassment Claims and Investigations

California Governor Jerry Brown recently signed into law A.B. 2770, creating new protections for employers, witnesses, and complainants from defamation lawsuits related to making, assisting, or discussing good-faith sexual...more

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