News & Analysis as of

Online Reviews Section 230

Kelley Drye & Warren LLP

NAD Addresses When Companies may be Liable for Consumer Reviews

This is not another post about coronavirus claims, but we do need to start there. Truvani makes a dietary supplement that was formerly called “Under the Weather.”...more

K&L Gates LLP

Digital Crisis PR: Dealing with Negative Online Reviews

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Whether posted by customers, employees, or others, negative online reviews can be damaging to your business. In this episode, Elisa D’Amico and Desiree Moore offer four tips to manage and minimize the repercussions from...more

Holland & Knight LLP

Craft Brewer Failed Attempt to Use Trade Secret Laws to Close the Door on Glassdoor Reviews

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The public's increasing reliance on anonymous product and company reviews posted online often gives rise to complaints by the subjects of those reviews, especially when the reviews are negative or critical, and threaten to...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

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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

Morrison & Foerster LLP - Social Media

Section 230 Survives to Fight Another Day Following California Supreme Court Decision

As we have noted previously, the California Court of Appeal’s Hassell v. Bird decision in 2016 upholding an injunction requiring Yelp to remove certain user reviews was discouraging to social media companies and other online...more

Proskauer - New Media & Technology

In a Divided Opinion, California Supreme Court Squashes End Run around CDA Immunity That Sought to Compel a Non-Party Online...

In a closely-followed dispute, the California Supreme Court vacated a lower court order, based upon a default judgment in a defamation action, which had directed Yelp, Inc. (“Yelp”), a non-party to the original suit, to take...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

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

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

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

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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

Verrill

Take That Down: Recent Lawsuit on Negative Reviews

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“Beer: The cause and solution to all of life’s problems.” Mr. Homer J. Simpson would love the recent case of a Massachusetts craft beer company that has been trying in federal court to get the employment website Glassdoor...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

Kelley Drye & Warren LLP

Ninth Circuit Holds Yelp Is Not Responsible for Bad Reviews

The Ninth Circuit recently reaffirmed the protection afforded to website providers and users under Section 230 of the Communications Decency Act. In that case, a locksmith sued Yelp over a bad review and one-star rating that...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

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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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