Why the “Do it Yourself” Mentality Is A Bad Idea

We are a "do it yourself" nation. If you don’t believe me, just take a look at the "how to" section of any bookstore or library and you’ll see what I’m talking about. There are books on how to do just about anything, including practicing law. Now, I’m not here to knock those kinds of […]

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 […]

Protecting Your Reputation Before Internet Defamation Occurs

I tell prospective clients on almost a daily basis that they need to protect their reputation on the internet before the unthinkable occurs–before they are defamed. Unfortunately for most of them, the defamation has already happened and we are faced with the challenge of dealing with a permanent negative. But you can choose to start […]

A Little Known Requirement in the California anti-SLAPP Statute

I was not surprised last week when a Judge said that anti-SLAPP is a complicated area of law—it most certainly is. There are well over 350 published decisions on the subject, including several California Supreme court decisions. I often tell other lawyers that they need to be very careful in crafting their papers in support […]

What Are The Elements Of A Cause Of Action For Trade Libel?

In reviewing some of the topics that we’ve covered on the California Defamation Blog, I noticed that the topic of Trade Libel is conspicuously absent so I’m going to fix this over the next few posts. Today’s post is short and simple. Here are the basic elements of a cause of action for Trade Libe […]

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 […]

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 […]