How To Deal With A “Scam” Listing For Your Company’s Name

One of the most devastating listings you can have is a "scam" listing for your name or your company’s brand name on the Internet. I know this because people call me nearly every day and tell me that someone has written something defamatory about them on the Web. However, there are ways to deal with […]

Examples of the Thin line Between Actionable Statements And Mere Opinions

The question of whether a statement constitutes an actionable statement or merely protected opinion is one of the most difficult questions for a judge to consider in the defamation context. In fact, the California Supreme Court said in a case: "The distinction as to what is a statement of fact and what is a statement […]

Best Of California Defamation Law Blog: 2009

This has been an exciting year here at the California Defamation Law Blog, so I thought it’d be a good idea to highlight our top 10 favorite posts, considering page views, comments, and other forms of reader feedback. I hope you revisit and enjoy these posts. Here’s to an even better 2010! Here they are: […]

Is An Anti-SLAPP Motion Like A Demurrer?

Once a defendant makes its threshold showing that a complaint arises under protected activity, the plaintiff must demonstrate a probability of prevailing on the merits. This means a plaintiff must state and substantiate a legally sufficient claim. Premier Med. Mgmt. Systems, Inc. v. California Ins. Guar. Ass’n (2006) 136 Cal.App.4th 464. Stated another way, plaintiff […]

Federal Anti-SLAPP Legislation Introduced (Finally)

Tennessee Congressman Steve Cohen recently introduced H.R. 4364, which is a proposed federal anti-SLAPP law (I mentioned this in an earlier post here). If passed, this could have a significant impact on the legal landscape nationwide. If you liked this post please subscribe to the California Defamation Law Newsletter to receive the "Ultimate Beginner’s Guide To Defamation Law." […]

Party Opposing Anti-SLAPP Motion Must Present Competent, Admissible Evidence

I came across a case the other day which spelled out an unsexy, but no less important concept of anti-SLAPP law. Not knowing this concept may spell doom whether you’re bringing or opposing an anti-SLAPP motion. While it is unsurprising that many in pro per parties miss the boat on this one, many attorneys also […]

Internet Defamation: Sue Scheff Discusses Google Bombs and Reputation Management

Enrico Schaefer over at Traverse Legal alerted me to this podcast that a colleague of his hosted with reputation management pioneer Sue Scheff. I have discussed Sue’s harrowing story and her book Google Bomb (co-written with attorney John dozier, Jr.) in a previous post. In this podcast, Sue discusses: The definition of a Google Bomb […]

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, […]