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Defamation Third-Party

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 -
Morrison & Foerster LLP - Social Media

Part 2(B) – Section 230: 27 Years Old And Still In The Spotlight

In this second installment of our six-part series examining Section 230, the section of the 1996 Communications Decency Act (CDA) that immunizes online service providers from liability stemming from the publication and...more

Morrison & Foerster LLP - Social Media

Part 2(A) – Section 230: 27 Years Old And Still In The Spotlight

In this second installment of our six-part series examining Section 230, the section of the 1996 Communications Decency Act (CDA) that immunizes online service providers from liability stemming from the publication and...more

Jones Day

Australia's High Court Confirms Facebook Page "Owner" Responsible For Defamatory Comments by Third Parties

Jones Day on

Background  - Fairfax Media Publications Pty Ltd, Nationwide News Pty Ltd and Australian News Channel Pty Ltd all maintain public Facebook pages allowing comments from members of the public. Dylan Voller commenced...more

Morrison & Foerster LLP - Social Media

EDNY Refuses To Dismiss on § 230 Grounds In “Shitty Media Men” Defamation Case

In Elliott v. Donegan, a federal district court in New York held that Section 230 of the Communications Decency Act does not warrant the dismissal of a defamation claim where the plaintiff’s complaint did not “foreclose[] the...more

Clark Hill PLC

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

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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

Payne & Fears

California Court of Appeal Clarifies the Limits of the Attorney-Client Privilege for Communications with an Attorney and a Third...

Payne & Fears on

A recent decision by the California Court of Appeal in Behunin v. Superior Court, 9 Cal. App. 5th 833 (2017), is a reminder that a party’s communications with an attorney and a third party consultant must be reasonably...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...

Kelley Drye & Warren LLP on

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

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

Morrison & Foerster LLP - Social Media

Socially Aware: The Social Media Law Update Volume 6, Issue 4

Five social media law issues to discuss with your clients - The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this...more

Jackson Walker

Neely v. Wilson and the Third-Party Allegation Rule

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For the past two decades since the Texas Supreme Court's decision in McIlvain v. Jacobs, 794 S.W.2d 14, 16 (Tex. 1990), Texas appellate courts and the Fifth Circuit have repeatedly held that journalists are insulated from...more

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