California Defamation Law Blog : Los Angeles Defamation & Anti-SLAPP Lawyer & Attorney : Adrianos Facchetti Law Firm

Faced with a growing backlash from the public for her mini-marriage to NBA basketball player, Chris Humphries, Kim Kardashian has filed a claim for arbitration alleging breach of a confidentiality agreement and defamation.

I won't recount the details about the wedding extravaganza, which was televised, because I think most people are probably familiar with it (for more background, read this). However, what I will discuss is why I think this latest legal move is probably a good one, assuming that the news accounts accurately describe the nature of the claims.

First, I think this is a good PR move. Not only does it send a strong message that her marriage was NOT bogus or a hoax, but also it allows her to control the story. Now, instead of talking about whether the marriage was fixed or not, people will be talking about the individual who Kardashian claims is defaming her. Further, by pursuing these claims in a private arbitration, she can better control how the story develops in the media. This wouldn't be the case had she opted to file a lawsuit. Of course, she may not have had much of a choice. The alleged confidentiality agreement probably had an arbitration clause in it.

The second reason this is a good move is a legal one: avoiding the anti-SLAPP statute (AKA Special Motion to Strike). Had Kardashian filed a lawsuit in state court I can guarantee that defense counsel would have filed an anti-SLAPP motion. There is no question that Kardashian is in the public eye and that comments regarding her marriage are a matter of public interest, so, a SLAPP motion would be warranted. Likewise, on the second prong, she'd have a very difficult time showing that the defendant made the statements with constitutional malice. However, perhaps her attorneys would argue that the SLAPP statute doesn't apply in the first place given the confidentiality agreement, i.e., that the defendant waived his right to use the SLAPP statute. One thing is certain: the defendant stands a much better chance if he can get the case out of the arbitrator's hands. For now, however, Kardashian seems to have the advantage.

In sum, I think Kardashian made a smart play here. It will definitely be interesting to see how this one plays out.

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During World War Two, when faced with the menace of the Axis, the greatest criminal conspiracy of all time, President Franklin D. Roosevelt did not hesitate to take a hard stand. 'We will meet force with greater force, violence with greater violence,' he declared. This is the only kind of language some people understand--and the only kind of action they fear (or even take seriously). -- J. Paul Getty

Even though Getty was discussing his son's kidnapping in specific, and the decline of Western civilization in general, his words apply with equal force to certain individuals who use the internet as a weapon to destroy the reputations of others.

Getty has it right: some people only respond to force. It's the only language they understand--and the only action they fear.

Yet many clients have a hard time understanding this. They assume that talking or trying to reason with the defamer will produce results. But they are wrong. The only proper response in these circumstances is to use unremitting, overwhelming force. You must use all legal and ethical means to make this kind of person stop. This means you must file a lawsuit. Then when you get a Judgment, you must enforce it. And after all this if the defamer still doesn't get the hint: you ask the Court to put them in jail. Period.

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I recently wrote a post on my other blog (yes, I have more than one!) called: Adrianos Facchetti? Why Having A Unique Name Is A Double-Edged Sword. There I write about a topic you've probably never thought of but should. Enjoy.

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Your reputation is everything. It can take years to develop and only a few blog postings to call it into question. This guide will give you some practical steps that you can take now to preserve your good name.

1. Monitoring Your Name - Be your own Gumshoe

The internet is vast and replete with brontobytes (that is a 1 followed by 27 zeroes) of information. But you can harness the power of Google and monitor your name by adding Google Alerts. Google will send you emails of queries that you create. For example, I have created a Google Alert for my name, Adrianos Facchetti. This allows me to monitor what others are saying about me. To sign up for Google Alerts, go to www.googlealerts.com and sign up. The rest is pretty straight-forward. There are additional ways to monitor your name. In fact, there are many companies that engage in Reputation Management, exclusively.

2. Ownership - Own your name

This piece of advice sounds easy enough but it is often overlooked. You need to own your name. This allows you to control to some extent, what is said about you.

3. Avoid Conflict

Don't engage in arguments in internet forums. If you need to vent, go for a run. Engaging in a sparring match is unlikely to persuade the person, and worse, it may lead to a defamation lawsuit.

4. Use Wikipedia to your advantage

Wikipedia is an incredibly powerful and influential source of information online. If your name or brand become important enough, Wikipedia may determine you to be a source of information worthy of citation. You should attempt to define your name/brand or services on Wikipedia before someone else does. It's as simple as that.

5. Obtain Positive Reviews from Important Bloggers

Search out important/influential bloggers in your niche and ask them to write a positive review about you. Since bloggers often enjoy excellent search engine results, it will have a resounding and positive impact on your reputation.

6. Write Articles About Yourself

This will seem strange to you but it works. Write a bio about yourself in the third person on the sites you own or control. An especially effective technique is to write your name in the title of a posting. That way, your name will come up in search engine results.

7. Get a Lawyer

If nothing else works, seek out legal advice from an experienced internet defamation lawyer. Attorneys are becoming increasingly effective combatants of online defamation. They can file John Doe lawsuits in situations where anonymous messages are posted or e-mailed. They can subpoena Internet Service Providers to provide information about such messages. Additionally, cutting edge internet defamation attorneys will work with computer experts in search engine optimization to crowd out defamatory messages.

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