Victory! Anti-SLAPP Motion Denied in Defamation Case

I represent a plaintiff in a defamation case involving internet defamation and offline defamation. The Defendant filed an anti-SLAPP motion. SLAPP is an acronym for Strategic Lawsuits Against Public Participation. These types of motions are meant to dispose of lawsuits at an early stage, which are primarily aimed at chilling speech. We opposed the motion […]

Can A Court Silence You For Life?

You may be under the mistaken impression that the only remedy for a defamation claim is monetary.  Well, that was the case (essentially) until the California Supreme Court had something to say about it last year in Balboa Island Inn v. Lemen (2007) 40 Cal.4th 1441. The owner of a restaurant and bar sued a […]

5 Ways To Avoid Being Sued On Your Blog

"Avoid lawsuits beyond all things; they pervert your conscience, impair your health, and dissipate your property." -Jean de la Bruyere Most lawsuits are avoidable and unnecessary. The key is to adopt a strategy that decreases the likelihood that you will be sued, and if you are sued, increases your chances of prevailing. For bloggers, this […]

Bloggers Under Siege in Los Angeles With Defamation Lawsuits

It’s rough out here in Los Angeles for bloggers who report on the practices of real estate companies and mortgage lenders! According to a story in the L.A. times, entitled, “R.E. Blogs Under Attack,” Mortgage Lender Implode-o-meter, and Blown Mortgage have been sued recently in Los Angeles County for defamation. The California Defamation Law Blog […]

Webinar About Online Defamation: “Staying Out of Trouble: A Media Law Primer for Bloggers

Greatest American Lawyer posted about a webinar today that will deal with the issue of online defamation as it relates to blogging and bloggers. If you’re a blogger, you should attend the webinar since defamation claims against bloggers have increased dramatically in recent years. I’ve posted about this subject here and in other posts. The […]

Overstock Settles Defamation Case With Research Firm

Jennifer Forsyth over at WSJ.com, posted about the Overstock defamation case. Overstock.com sued Gradient Analytics for libel, alleging that Overstock’s negative reports drove down Overstock’s stock prices. The case recently settled and a press release was issued. This made me question the importance of public statements/retractions in the online defamation context. I mean, does anyone […]

Think You Know About Online Defamation? Let’s See.

I’m writing this follow up to my previous post: "5 Common Misconceptions about Online Defamation," because I got such a great response from my readers. Again, I want to give proper attribution where it’s due. Check out this video for more information on online defamation. 1. "Safety in Numbers" – some believe they’re safe as […]

5 Common Misconceptions About Online Defamation

I stumbled across a great video on YouTube by John W. Dozier, Jr. about common misconceptions lawyers have regarding online defamation. 1. “Bumping” a post – Old math says that you should respond to defamatory remarks in order to refute them. But, responding to such posts, or “bumping,” only makes the defamatory remarks more significant […]

Haneline Pacific Reporters, LLC v. May, et al. – “Litigation Privilege” Doesn’t Apply to Negotiation/Persuasion

You may be wondering why I write about anti-SLAPP cases so much. Well, the fact of the matter is that defamation actions are to anti-slapp motions what peanut butter is to jelly. You rarely have one without the other. In Haneline Pacific Reporters, LLC v. May, et al., __ Cal.App.4th __ (4th District, Division 3, […]