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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 -
McDermott Will & Emery

Don’t Tread on Illinois’ Absolute Litigation Privilege

McDermott Will & Emery on

Addressing when Illinois law’s “absolute litigation privilege” bars certain counterclaims, the US Court of Appeals for the Federal Circuit affirmed a district court’s summary judgment finding that the plaintiff lacked a valid...more

McGlinchey Stafford

FCRA Claims Fail as Mortgagor Could Not Satisfy His Repayment Obligations by Tendering Another Promise to Pay

McGlinchey Stafford on

On September 19, 2024, the District Court for the Eastern District of New York dismissed claims against the mortgage lender, its mortgage servicer, and credit reporting agencies under the Fair Credit Reporting Act (FCRA), 15...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - October 2024 #3

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A former Olympian is suing New Balance over the end of her career. Khamica Bingham, a two-time Olympic sprinter from Canada, is suing the Boston-based shoe company alleging that a malfunction in her running shoes led to a...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - October 2024 #2

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Surinamese sprinter Issamade Asinga sued the Gatorade Company on Wednesday, alleging his recent doping ban was the result of eating contaminated “recovery gummies” that the brand manufactured and provided....more

Goodwin

Express Scripts Sues FTC Over Report on Pharmacy Benefit Management Industry

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​​​​​​​On September 17, Express Scripts, Inc. (“Express Scripts”), one of the largest pharmacy benefit managers (PBMs) in the United States, brought suit against the Federal Trade Commission (“FTC”) over its July 2024 interim...more

K&L Gates LLP

The New Australian Statutory Tort for Serious Invasions of Privacy – What Does It Currently Look Like?

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On 12 September 2024, the long awaited statutory tort for serious invasions of privacy has been revealed in Schedule 1 to the Privacy and Other Legislation Amendment Bill 2024 (Cth) (the Privacy Bill). Please see our previous...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - October 2024

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Lawyers involved with a proposed multi-billion-dollar settlement of three athlete-compensation antitrust cases against the NCAA and the Power Five conferences filed documents on Thursday that included small, but potentially...more

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2022 – 2024

The following is a review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels during the last two years....more

Buckingham, Doolittle & Burroughs, LLC

How to Respond to a Defamation Lawsuit

In our ever more online world, where social media and online platforms facilitate instant communication, the risk of facing a defamation lawsuit is a concern for many individuals and organizations. Defamation occurs when...more

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

McGlinchey Stafford

Litigation Byte (August Edition)

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The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more

Cranfill Sumner LLP

Defamation and Reputation Management in the Digital Age

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Defamation is the act of communicating false statements about a person that injures their reputation. Legal protections for a person’s reputation go back to common law and were well developed over the past two centuries....more

Morrison & Foerster LLP - Social Media

Social Links: Recent Developments In The Law And Business Of Social Media

The Federal Trade Commission has finalized a new rule aimed at curtailing false, misleading, and otherwise fraudulent reviews on online retail sites. Fake reviews are a significant problem for the big e-commerce platforms,...more

McGlinchey Stafford

Ohio Supreme Court Holds that Defamation Claim is Subject to Discovery Rule

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In a hotly contested decision, a plurality of the Ohio Supreme Court held for the first time that a claim for defamation is subject to the discovery rule, greatly expanding the potential for businesses and individuals to find...more

Hinshaw & Culbertson - Lawyers for the...

Absolute Litigation Privilege Bars Claims Stemming From Communications Related to Litigation

Michael Qualizza v. Neil D. Freeman, et al., 2024 IL App (1st) 231534-U (July 26, 2024) - Brief Summary - The First District Appellate Court in Illinois reaffirmed the broad scope of the absolute litigation privilege in...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - August 2024 #3

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The cofounders of FanDuel are stepping up their efforts to recoup lost equity from the company’s 2018 acquisition by European bookmaker Paddy Power Betfair, which later rebranded to Flutter Entertainment....more

Kohrman Jackson & Krantz LLP

Victims of Concealed Online Attacks in Ohio Now Have More Time to File Suit

Last week, the Ohio Supreme Court ruled that victims of anonymous online attacks have an extension of time to file a lawsuit, holding that they can file a suit one year from date the targeted publication is discovered. This...more

Holland & Knight LLP

District Court Ruling Offers Insight into Computer Fraud and Abuse Act Civil Jury Cases

Holland & Knight LLP on

Ryanair accused Booking.com of several CFAA violations based upon Booking.com, through a third-party partner, accessing the password-protected "myRyanair" portion of the Ryanair website. Ryanair alleged, and the jury found,...more

Constangy, Brooks, Smith & Prophete, LLP

Ouch! Four tips on email mishaps in the workplace

This lawsuit seems destined to lose. Even in California. Have I said “You can’t make this stuff up” in the last six weeks or so? No? Cool. You can’t make this stuff up. In case you needed a cautionary tale about workplace...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - July 2024 #4

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The breach of contract trial against a woman claiming to be Jerry Jones’ daughter is scheduled to start next Monday, and the Cowboys owner is expected to testify on the witness stand....more

Ballard Spahr LLP

Pennsylvania Protects Press Freedom, Passes Anti-SLAPP Statute

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Yesterday, July 17, 2024, Pennsylvania joins more than 30 states that have enacted anti-SLAPP laws, providing protection to journalists and media outlets from meritless claims....more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - July 2024 #3

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Dick’s Sporting Goods Inc. and a man who claims he suffered permanent eye damage because of a defective golf practice net bought from the company are asking a Georgia federal judge to keep his litigation on hold while they...more

Kohrman Jackson & Krantz LLP

Understanding Defamation vs. Free Speech: A Guide for Dealing with Online Defamation

The distinction between defamation and free speech often confuses those dealing with online issues. While free speech is a protected right under the First Amendment of the U.S. Constitution, it does not shield individuals...more

Smith Debnam Narron Drake Saintsing & Myers,...

What Can You Sue Your Ex-Spouse For?

Grounds for Suing an Ex-Spouse or Ex-Partner - Can you Sue Your Ex for Emotional Distress? In North Carolina, you may be able to sue your ex-spouse for intentional infliction of emotional distress or negligent infliction...more

Ward and Smith, P.A.

Defamation 101 for Community Associations

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It is no secret that community associations and boards are subject to frequent scrutiny. Such scrutiny comes in many forms, including statements targeted at the board from a disgruntled community member, assertions from...more

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