News & Analysis as of

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 -

Social Links: Revenge porn victim awarded $6.4M; the discoverability of photos posted to Facebook; can users be blocked from...

Based on copyright infringement, emotional distress and other claims, a federal district court in California awarded $6.4 million to a victim of revenge porn, the posting of explicit material without the subject’s consent....more

Stormy Daniels’ Attorney May Have Fallen Into SLAPP Trap - Legal Analysis by BB&K Attorneys Damian Moos and Kandice Kim in Law360

by Best Best & Krieger LLP on

California’s anti-SLAPP statute presents a formidable trap for the unsuspecting plaintiffs attorney, especially when it comes to claims that are based on statements connected to an actual or possible legal matter. The...more

Using a Statutory Conspiracy Claim to Protect Reputational Interests

by Akin Gump - Excubitor on

Parties weighing their legal options in protecting their reputations rightly should think beyond the routine defamation/libel/slander claims and look more broadly to state statutes or torts that may fit more neatly with their...more

Judge Questions Whether Ontario’s “Anti-SLAPP” Law Strikes the Right Balance

In a recent Ontario Superior Court of Justice decision, Justice E.M. Morgan used Ontario’s new “anti-SLAPP” laws to dismiss a defamation action against The Globe and Mail (Globe). In doing so, however, Justice Morgan raised...more

New York Defamation Suit Against Trump To Proceed: The public response to an accusation of sexual misconduct may give rise to a...

by Kelley Drye & Warren LLP on

On March 20, 2018, a New York state judge held that Summer Zervos, a former contestant on the reality television show The Apprentice, can move forward with her defamation suit against President Trump in Zervos v. Trump, No....more

A Step-By-Step Guide To Terminating Employees For Theft (Part One)

by Fisher Phillips on

There’s good news for retailers: you are getting better at preventing shrink from employees. In 2005, a University of Florida study found that employee theft accounted for 47 percent of shrink. In a follow-up study in 2016,...more

Does a Free Press Trump Libel?

by Akin Gump - Excubitor on

Sometimes it seems like defamation is just an effort to keep someone from saying something unflattering—but the right to protect one’s reputation pre-dates the Constitution as a right on par with that of freedom of the press....more

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

Raging Bull: Getting Beat Up On Glassdoor?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Even if bad Glassdoor reviews have you feeling like you need to fight back, employers should stay out of the ring, and instead implement social media policies that clearly define prohibited behavior and...more

CA Court of Appeal Confirms Narrow Construction for Anti-SLAPP Commercial Speech Exemption

A recent California Court of Appeal decision highlights the narrow construction given to the commercial speech exemption of California’s anti-SLAPP statute, and the burden on plaintiffs opposing an anti-SLAPP motion on the...more

The Coming Border Wars: U.S. Court Decision Refusing to Enforce Canadian Court Order Highlights the Growing Balkanization of the...

Does a search engine operator have to delist websites hosting, without authorization, your trade secret materials or other intellectual property? The answer may depend on where you sue—just ask Google. The U.S. District Court...more

Investigative Report At Center of Alleged SLAPP

by LeClairRyan on

An interesting case is playing out in DC Superior Court. The plaintiffs allege, in a 103-page, 535-paragraph complaint, that they were defamed and cast in a false light in a 541-page report that was commissioned by the...more

Social Links: Inline link to tweet with photo could constitute copyright infringement; proposed California legislation could...

In a decision that has generated considerable controversy, a federal court in New York has held that the popular practice of embedding tweets into websites and blogs can result in copyright infringement. Plaintiff Justin...more

2017 Oregon Update: Oregon Courts Fill in Holes Left in Anti-SLAPP Proceedings

by Davis Wright Tremaine LLP on

The development of Oregon’s anti-SLAPP law in 2017 resembles the progress of salmon headed upstream in Oregon rivers: slow, but definitely steady. It appears from an informal survey that more anti-SLAPP special motions to...more

A Glimmer of Hope to Bring D.C. Anti-SLAPP Back to Federal Court

by Davis Wright Tremaine LLP on

Following the D.C. Court of Appeals’ December 2016 decision in Competitive Enter. Inst. v. Mann, 2017 had the potential to be a big year for anti-SLAPP litigation in the nation’s capital. The decision, which put into question...more

The 2017 Roundup of California Anti-SLAPP Appellate Decisions

by Davis Wright Tremaine LLP on

In 2017, California’s state and federal appellate courts issued 34 published opinions interpreting the state’s anti-SLAPP statute (C.C.P. § 425.16 et. seq.) and more than 169 unpublished appellate opinions. The California...more

Scientist Drops Suit After Anti-SLAPP Hearing

by LeClairRyan on

There have been several notable developments in the scientist v. scientist case since our last post. In January, Mark Jacobson responded to the anti-SLAPP motions filed by the National Academy of Sciences and Christopher...more

Can Science Be Defamatory?

by Akin Gump - Excubitor on

After filing suit last year against several researchers and an academic journal for publishing a paper (the “C17 paper”) that disagreed with his own, engineering professor Mark Z. Jacobson has dropped his suit. In an FAQ...more

Communications Decency Act Protects Website Operators from Liability Despite Blogger Content Policy

by Wilson Elser on

In affirming the grant of Google’s Motion to Dismiss for failing to remove a blog post, on February 23, 2018, the D.C. Circuit Court concluded that the Communications Decency Act (CDA) immunizes website operators from...more

An Easy and Effective Way for Employers to Protect Themselves

by Jaburg Wilk on

Imagine this scenario: Your company is in Arizona and one of your sales representatives goes to work for a competitor. He knows all about your pricing and bidding practices, so he helps your competitor undercut your prices....more

“All We Need Is Just a Little Patience”

by LeClairRyan on

In 1987, I heard Welcome to the Jungle, and its distinctive opening guitar riff, and it was unlike anything I had ever heard before. One year later, GNR released Patience, a quiet song that opened with Axl whistling...more

The Anti-SLAPP Heard Round The World? The Broad Language Of The TCPA Has Lead To Unintended Consequences And Extreme Results.

by Fox Rothschild LLP on

The Texas Citizens Participation Act (“TCPA”), enacted in 2011, is the Texas version of an Anti-SLAPP statute, which have been enacted by over 30 states around the country to protect free speech and the right of association...more

California Court Holds That YouTube’s Removal Notice Is Not Defamatory

As we have noted previously, YouTube users sometimes object when the online video giant removes their videos based on terms-of-use violations, such as artificially inflated view counts. In a recent California case,...more

Sexual Harassment Dominates California Legislation in 2018

by Fisher Phillips on

As we discussed back in January, sexual harassment appears to be the hot topic for the California State Legislature’s 2018 session. This is certainly not a surprise, as issues related to sexual harassment and the #MeToo...more

Question Mark Leaves Court Questioning Defamation Claim

Demonstrating the power of punctuation, actor James Woods dodged a Twitter defamation suit after a federal court judge found that his use of a question mark meant his tweet was not a false statement of fact and merely invited...more

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Cybersecurity

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