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Defamation › Corporate Counsel

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

Littler

Alberta, Canada Court Recognizes New Tort of Harassment

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In Alberta Health Services v Johnston, 2023 ABKB 209, the Court of King’s Bench of Alberta recognized a new tort of harassment. Background - Alberta Health Services (AHS) and two individual plaintiffs claimed they were...more

McDermott Will & Emery

Free Speech Illuminates Right to Allege Infringement

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The US Court of Appeals for the Federal Circuit reversed a district court’s preliminary injunction prohibiting a patent owner from communicating its view that a competitor infringed, finding that the speech restriction was...more

Manatt, Phelps & Phillips, LLP

Employer’s Suit Over Employee’s Book Moves Forward

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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

McDermott Will & Emery

Re-Poster Child for § 230: Immunity under the CDA for Reposting Content of Another

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The US Court of Appeals for the First Circuit affirmed a district court’s decision to dismiss claims for defamation under the Communications Decency Act (CDA), 47 USC § 230, and for copyright infringement under the fair use...more

Saiber LLC

Will a Decision of the High Court of Australia in a Case Involving Defamation and Social Media Have Ramifications Elsewhere?

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On September 8, 2021, the High Court of Australia ruled 5-2 in Fairfax Media Publications Pty Ltd. v. Voller that media companies in Australia could be held liable for defamation as a result of comments left by third-parties...more

Littler

Ontario, Canada: Superior Court Creates New Tort of Internet Harassment

Littler on

Regardless of social media policies establishing expectations for employee conduct online, online harassment is still a prevalent issue in the workplace as well as in society more generally. ...more

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

Recent Texas Court Decision Highlights the Risks of Defamation in Internal Misconduct Investigations

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Employers understand they have an obligation to investigate complaints of workplace misconduct. However, communications made during internal investigations are not totally without risk....more

Troutman Pepper

Third Circuit Affirms Protection for 'Pure Opinions'

Troutman Pepper on

In a precedential decision issued on April 14, the U.S. Court of Appeals for the Third Circuit affirmed dismissal of defamation and false light invasion of privacy claims brought against Newsweek by a politically active minor...more

Seyfarth Shaw LLP

The Fourth Circuit Reiterates that Employers’ Exposure to Vicarious Liability is Not Boundless

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Fourth Circuit has issued a reminder of the boundaries of employer liability for defamation where there is no nexus between the employee’s offensive speech and the individual’s workplace...more

Ballard Spahr LLP

A Five-Star Decision: Yelp's Recent Victory Reaffirms The Broad Protections of Section 230

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In a closely watched decision with significant ramifications for online speech, earlier this week, the California Supreme Court struck down an injunction requiring Yelp, a popular online consumer review platform, to remove...more

K&L Gates LLP

Section 230 Immunity Protects Yelp from Injunction Order to Remove Defamatory Posts

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In a long-awaited decision, the California Supreme Court ruled this week that Yelp cannot be forced to remove a review posted on its website. Hassell v. Bird, 2018 WL 3213933 (Cal. Sup. Ct. July 2, 2018). Both the superior...more

Fisher Phillips

Sexual Harassment Dominates California Legislation in 2018

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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

Ballard Spahr LLP

California Court of Appeals Affirms Dismissal Under Anti-SLAPP Statute of Defamation Claim Against Online Platform Hosting...

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A recent appellate ruling may have important implications for online publishers who invite, encourage, and even compensate third-party contributors to post information without prior approval or review....more

Proskauer - New Media & Technology

Controversial “Gripe Site” Protected (Again) by the Communications Decency Act and Defeats Novel Copyright Attack with Website...

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The controversial consumer gripe site, RipoffReport.com, is at it again. The First Circuit recently affirmed a lower court’s ruling that RipoffReport.com was entitled to immunity under Section 230 of the Communications...more

Fisher Phillips

Spokeo Speedwagon: Employers Forced To Take Privacy Breach Cases On The Run

Fisher Phillips on

By now, most everyone has heard it from a friend who, heard it from a friend who, heard it from another about the U.S. Supreme Court’s 2016 decision in Spokeo, Inc. v. Robins. It is the case being cited across the country in...more

Thomas Fox - Compliance Evangelist

Compliance Lessons From Burner Phones

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Hunter S. Thompson once said that when the going gets weird, the weird turn pro. It turns out that amateurs can get weird too. The University of Mississippi football program, which is under a self-imposed postseason ban and...more

Fisher Phillips

California Employers May Sue For Online Defamation

Fisher Phillips on

The situation is a familiar one. Disgruntled current or former employees leave negative and harmful comments about their employer on online workplace review websites such as glassdoor.com or vault.com, or on customer review...more

Morgan Lewis

Recent Case Highlights Considerations for Working with Media Consultants During a Crisis

Morgan Lewis on

A Pennsylvania Superior Court decision declining to extend attorney-client privilege to media consultants illustrates best practices for how a company should manage communications with outside consultants during a crisis...more

Blake, Cassels & Graydon LLP

Ontario Court of Appeal Confirms That Online Newspapers Are Still “Newspapers”

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On July 7, 2017, in John v. Ballingall, the Court of Appeal for Ontario (Court) confirmed that an online newspaper is a “newspaper” within the meaning of the Ontario Libel and Slander Act (LSA), attracting the same libel...more

Troutman Pepper

Sharing Legal Communications With PR Firm Raises Privilege Issues for Hospital

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A recent case in Pennsylvania reminds companies to think carefully about sharing their attorney-client communications with third parties, such as public relations firms. On March 13, a unanimous three-judge panel of the...more

Morrison & Foerster LLP - Social Media

In a Rough Year for CDA §230, Manchanda v. Google Provides Comfort to Website Operators

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As we noted in our recent post on the Ninth Circuit case Kimzey v. Yelp! Inc., in the right circumstances, Section 230 of the Communications Decency Act (CDA) still provides robust protection against liability for website...more

Kelley Drye & Warren LLP

Gawker Remains in the Crosshairs: Seventh Circuit Finds that Online Media Publisher Can Be Liable for Defamatory Third-Party User...

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The Seventh Circuit Court of Appeals recently kept alive one of the multitude of legal entanglements ensnaring Gawker Media LLC, as the Court reversed and remanded a lower court’s decision to dismiss a plaintiff’s defamation...more

Foster Garvey PC

When It Comes to Liability, Whose User Generated Content Is It Anyway?

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Hospitality industry stakeholders who host sites for online reviews or rely on review sites such as Yelp, Trip Advisor, Urban Spoon, or Oyster, may take comfort in the recent Ninth Circuit decision regarding the liability of...more

Fisher Phillips

Employer Wins $5 Million From Bullying Union

Fisher Phillips on

Lessons To Be Learned For Organizing Campaigns - For the first time in American labor law history, a jury found that a union defamed and disparaged an employer while waging a bitter organizing campaign, costing the...more

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