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Defamation Online Reviews User-Generated Content

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 -
Bodman

Negative Online Reviews of Your Business: Disgruntled Does Not Necessarily Mean Defamatory

Bodman on

If you own a small business, someone has likely posted an online review of your company and its goods or services. From Yelp to TripAdvisor to Angie’s List to any number of websites tailored to particular industries or...more

Proskauer - New Media & Technology

Defend Trade Secrets Act Claims Subject to CDA Section 230 Immunity

In what is one of the most recent attempts to circumvent the immunity provided in Section 230 of the Communications Decency Act (“CDA” or “CDA Section 230”), the United States District Court for the District of Massachusetts...more

Snell & Wilmer

Attorney Petitions SCOTUS Regarding Former Client’s Defamatory Yelp Reviews

Snell & Wilmer on

A California attorney and her law firm filed a petition on October 18, 2018, asking the Supreme Court of the United States (“SCOTUS”) to review the California Supreme Court’s ruling that reversed an injunction that would have...more

Clark Hill PLC

Online Providers of Third Party Content Cannot be Forced to Remove Defamatory Statements

Clark Hill PLC on

People turn to the internet to find reputable businesses, compliment a local coffee shop, and even lambaste the service at a nearby restaurant. The ubiquitous influence of online ratings, rants, and reviews is felt by...more

Haight Brown & Bonesteel LLP

Yelp Cannot Be Ordered to Remove Defamatory Online Review Posted by Disgruntled Former Client About Law Firm; Court Upholds...

In our Alerts dated June 22, 2016 and September 22, 2016, we followed the case of Hassell v. Bird where a lower court, in a matter involving a defamation action brought by a law firm (“Hassell”) against a disgruntled former...more

Davis Wright Tremaine LLP

California Supreme Court Affirms Broad Section 230 Immunity

In a closely watched case, the California Supreme Court on Monday confirmed it will continue to broadly interpret the immunity provided by Section 230 of the Communications Decency Act, 47 U.S.C. § 230. Hassell v. Bird,...more

K&L Gates LLP

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

K&L Gates LLP on

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

Morrison & Foerster LLP - Social Media

Yelp Case Shows CDA §230 Still Has Teeth

2016 has been a challenging year for Section 230 of the Communications Decency Act (CDA) and the website operators who depend on it for protection against liability stemming from user-generated content. An unusually large...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

Morrison & Foerster LLP - Social Media

Controversial California Court Decision Significantly Narrows a Crucial Liability Safe Harbor for Website Operators

A recent California court decision involving Section 230 of the Communications Decency Act (CDA) is creating considerable concern among social media companies and other website operators....more

Brooks Pierce

Pitfalls in Managing Online Reputations

Brooks Pierce on

Whether you represent sports stars and high-profile entertainers, or hometown doctors, architects, and restaurateurs, you have almost certainly gotten calls in the past several years asking for your help in dealing with...more

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