Why Retractions Must Specifically Identify Each Plaintiff

Retractions matter. Let me repeat and emphasize.  Retractions really matter. This is what the owners of the Staples Center in Los Angeles learned yesterday when the California Court of Appeals, Second District, determined that Plaintiffs’ retraction was not sufficiently specific.  In Anschutze Entertainment Group, INC, et al. v. Frank W. Snepp III, et al., Plaintiffs […]

Should Government Be Involved in Controlling The Cost Of Defamation Litigation?

The UK Ministry of Justice announced new proposals today aimed at cutting the rising costs associated with defamation cases. One of the proposals is placing a cap on hourly rates or setting fixed maximum rates for attorneys.  Presumably, this would discourage some attorneys in the UK from filing defamation suits in favor of pursuing other, […]

Is Defamation Litigation Out of Control?

Many people believe that defamation of character litigation is out of control. They go on and on about how rising costs are encouraging defendants to settle "frivolous" cases and "abusive" discovery procedures are chilling free speech. But they don’t really offer any solutions to this so-called problem.  Instead, they just talk, talk, and talk, and […]

Los Angeles Superior Court Filing Fees Increase

Last year a Los Angeles Superior Court judge told me and another lawyer that "litigation is the sport of kings." Another judge in the same courthouse told me it’s not really worth it to go to trial unless you have at least $500,000.00 in damages. Well, I guess they’re right. As if it wasn’t enough […]

Corrections vs. Retractions: There Is A Difference

I tell my clients to demand a correction and request a retraction. The reason is, demanding a correction is not only necessary in certain circumstances to seek general and exemplary damages, but also because corrections are much easier to obtain. Retractions are much more difficult to come by, however.  Think about it. A correction is an […]

The Wrong Way Forward: Google Execs Face Criminal Consequences For Cyberlibel

Saul Hansell over at the New York Times’ bits blog writes, Google Execs Face Jail Time For Italian Video.  Google execs are standing trial today for a cellphone video that was posted to Italian Youtube by a third party of some Turin youths teasing a boy with Down Syndrome.  Even though YouTube took the video down […]