Before filing any civil lawsuit, it is important to consider the possible defenses your opponent may raise. This is particularly important is cases involving defamation, a civil claim that arises from the negligent,...more
Freedom of the press is a crucial component of the First Amendment of the Constitution and our society as a whole. While most media entities take the protections provided by the First Amendment seriously and do an excellent...more
The Victorian Supreme Court (the Court) recently upheld a statutory qualified privilege defence in novel circumstances. The defence was applied in respect of what were otherwise found to be defamatory Google reviews. This was...more
Employers understand they have an obligation to investigate complaints of workplace misconduct. However, communications made during internal investigations are not totally without risk....more
David C. Henderson, a partner in Nutter’s Litigation Department, wrote an article about the complexities of defamation claims in Law360. In the article, “3 Key Points About Mass. Employee Defamation Claims,” David noted that...more
Last week, the Texas Supreme Court joined the majority of jurisdictions in holding that a company enjoys an absolute privilege when providing the Department of Justice (DOJ) with an internal investigation report containing...more
Answering the open question of whether pre-litigation communications by attorneys are entitled to the same absolute privilege from defamation claims as litigation communications, the Court of Appeals has just held that they...more
On October 31, 2013, the Virginia Supreme Court published its opinion in Cashion v. Smith, et al. This opinion provides invaluable guidance on the elements of and defenses to defamation claims....more