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Defamation Reputational Injury

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 -
Amundsen Davis LLC

Democratizing the Defense to Doxing: New Attorney Fee Awards for Victims Alters Paradigm

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Defamation is the line between free and unlawful speech. Doxing is the disclosure of another’s personally identifiable information with the intent to bring the internet’s violent speech to their front door. Online defamation...more

McGlinchey Stafford

Ohio Supreme Court Holds that Defamation Claim is Subject to Discovery Rule

McGlinchey Stafford on

In a hotly contested decision, a plurality of the Ohio Supreme Court held for the first time that a claim for defamation is subject to the discovery rule, greatly expanding the potential for businesses and individuals to find...more

Amundsen Davis LLC

Character Assassination: Responding to Defamation in the Gaming World

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Online gaming Social Mediacommunities are incubators of defamation. Competitiveness combined with the ostensibly impenetrable shield of online pseudonyms and geographic distance from your opponent invites participants to...more

Buckingham, Doolittle & Burroughs, LLC

Revenge Porn Damages

In the age of digital connectivity, our lives are intricately woven into the fabric of the internet. This connectivity brings about unprecedented opportunities for communication but also exposes us to vulnerabilities...more

Buckingham, Doolittle & Burroughs, LLC

Defamation vs. Free Speech

The concepts of defamation and free speech often collide, raising questions about where the line should be drawn between the right to express oneself and the responsibility to prevent harm to others. While free speech is one...more

Weintraub Tobin

The Briefing: Truth Maybe Crazy, But Truth Just Got Kanye West Out of a Defamation Case

Weintraub Tobin on

Discover how truth became the ultimate defense in the legal battle between Cynthia Love and Kanye West. Join Scott Hervey and Eric Caligiuri from Weintraub Tobin as they unpack the court's ruling on whether displaying...more

Weintraub Tobin

(Podcast) The Briefing: Truth Maybe Crazy, But Truth Just Got Kanye West Out of a Defamation Case

Weintraub Tobin on

Discover how truth became the ultimate defense in the legal battle between Cynthia Love and Kanye West. Join Scott Hervey and Eric Caligiuri from Weintraub Tobin as they unpack the court's ruling on whether displaying...more

Weintraub Tobin

(Podcast) The Briefing: Nirvana Stuck in Lawsuit Over “Nevermind” Album Cover

Weintraub Tobin on

As James Kachmar previously wrote on the IP Law Blog, the man who was photographed as a naked baby in 1991 for Nirvana’s iconic “Nevermind” album cover is now suing the band for distributing child pornography. Scott Hervey...more

Weintraub Tobin

The Briefing: Nirvana Stuck in Lawsuit Over “Nevermind” Album Cover

Weintraub Tobin on

As James Kachmar previously wrote on the IP Law Blog, the man who was photographed as a naked baby in 1991 for Nirvana’s iconic “Nevermind” album cover is now suing the band for distributing child pornography. Scott Hervey...more

Buckingham, Doolittle & Burroughs, LLC

Can I Sue the Media for Defamation?

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

Buckingham, Doolittle & Burroughs, LLC

Can I Get a Defamation Retraction Statement?

Defamation can be a devastating blow to an individual’s reputation, causing lasting damage both personally and professionally. When faced with a defamatory statement, pursuing a retraction can be a proactive step toward...more

Buckingham, Doolittle & Burroughs, LLC

What Is Defamation Per Se?

What Is Defamation Per Se? An integral component of any defamation claim – whether slander or libel – is pleading and proving that the false and defamatory statement has caused harm. The plaintiff’s burden of...more

Buckingham, Doolittle & Burroughs, LLC

How to File a Defamation Lawsuit

In a world where information travels at the speed of a click, protecting your reputation is more important than ever. When false and defamatory content is published online, it can rapidly spread to thousands of people in a...more

Kohrman Jackson & Krantz LLP

Khan Defamation Suit: A Case Study of Parallel Processes in Title IX

Saifullah Khan has been thrust into the national spotlight, embroiled in a public, years-long web of civil, criminal, and administrative proceedings stemming from an allegation of rape and his subsequent expulsion from Yale. ...more

Amundsen Davis LLC

What to Do if You Are Defamed on Social Media

Amundsen Davis LLC on

Everyone is a little braver when hiding behind their keyboard. Words fly a little easier online where the speaker and target of the speech do not occupy the same physical space. The exponential echoes of manufactured gossip...more

K&L Gates LLP

Some "Serious" Developments in Defamation Law

K&L Gates LLP on

In 2021, one of the most significant changes to Australian defamation legislation, in most states and territories (save for Western Australia and the Northern Territory), was the introduction of a "serious harm" threshold to...more

Buckingham, Doolittle & Burroughs, LLC

Who to Choose?: What to Look For in a Defamation Attorney

Incidents of defamation and online harassment have become increasingly prevalent as society relies more and more on the internet to communicate and share information. The increased use of social media to connect, in both...more

Buckingham, Doolittle & Burroughs, LLC

Libel vs. Slander

Defamation is the act of publishing false and damaging statements about a person or business to a third party. Traditionally, defamatory statements have been separated into two categories: slander and libel....more

Buckingham, Doolittle & Burroughs, LLC

Elements of Defamation

While litigation can be an effective way of obtaining relief, there are a number of factors to consider before filing a lawsuit – both legal and practical. Typically, a good place to start is determining whether the facts and...more

Buckingham, Doolittle & Burroughs, LLC

How to Prove Defamation Damages

Damages are an element to proving almost any civil claim, but is an essential element to all defamation and privacy claims. For those who have experienced online defamation and online harassment, it may seem obvious that you...more

Spilman Thomas & Battle, PLLC

SAY WHAT??—Defamation in an Era when Content Is King

On April 18, 2023, Fox News agreed to pay Dominion Voting Systems a staggering $787.5 million to settle a defamation lawsuit. Particularly startling about the settlement is that Dominion was valued at around $51 million as...more

Epstein Becker & Green

Actual Malice in the Age of #fakenews

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Public figures are fighting back against fake news. In the most recent headline from the world of celebrity defamation cases, E. Jean Carroll is suing former President Trump for statements he made after she accused him...more

Kohrman Jackson & Krantz LLP

How Can Doctors Respond To and Remove Fake Reviews from the Internet?

A positive internet reputation is an expected prerequisite for conducting business. Negative internet content, including negative reviews, can destroy an operation....more

K&L Gates LLP

And So It Begins… First Consideration of "Serious Harm" Threshold in Australian Defamation Claim

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The New South Wales Supreme Court has recently delivered its judgment in Newman v Whittington [2022] NSWSC 249 (Newman), providing the first Australian judicial consideration of the "serious harm" threshold now found in the...more

Dunlap Bennett & Ludwig PLLC

Protecting Your Business Against Defamation

Your reputation is one of your business’s most valued assets. Reputation damage can result in grave financial losses. Business owners have legal rights against damaging false statements made about their business by...more

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