I was at a Kiwanis club meeting the other day and the topic of Tiger Woods came up. Someone mentioned that Tiger was in deep trouble (an obvious observation) and began to rattle off the names of each of Tiger's mistresses and then there was some generally commentary about Tiger's "transgressions." All in good taste, of course. What struck me about this conversation … [Read more...] about Celebrity Defamation: Part II
Archives for 2009
Anti-SLAPP Law: Legal Malpractice Trap For The Unwary?
The so-called anti-SLAPP statute (CCP § 425.16) was enacted in California in 1992 and has been amended a number of times since then. There are over 350 published appellate decisions interpreting section 425.16 and several California Supreme Court decisions as well. The average attorney does not encounter a SLAPP suit very often in his or practice. I have spoken to a … [Read more...] about Anti-SLAPP Law: Legal Malpractice Trap For The Unwary?
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 Why defamation lawsuits are difficult … [Read more...] about Internet Defamation: Sue Scheff Discusses Google Bombs and Reputation Management
Is Speaking Ill of The Dead Considered Defamation?
"De mortuis nil nisi bonum" We've all heard the phrase "speak no ill of the dead," right? It's a phrase that's been passed down through the ages and I think most times people speak rather favorably about the departed. But not always . . . Now, admittedly, I hate to write about such a morbid topic around the holidays (I suppose I should have written this … [Read more...] about Is Speaking Ill of The Dead Considered Defamation?
Defamation Defense: Consent
A less common but no less important defense to a cause of action for defamation is the defense of consent. If the defendant can show that the plaintiff consented to the publication of the alleged defamatory statement or statements, it operates as a complete defense. In other words, defendant wins. Under what circumstances has the doctrine of consent been successful? Well, I'm … [Read more...] about Defamation Defense: Consent