American defamation lawyers and others have criticized British Libel law for years; and for good reason. Among other things, English law requires the defendant to prove the truth of the alleged defamatory statement, whereas in the U.S., in most states, and in most circumstances, the plaintiff must prove falsity. Because of England's pro-plaintiff laws, it has become a … [Read more...] about UK: Draft Defamation Bill
Archives for 2011
Think About This Before Responding To A Negative Customer Review
Most small business owners experience severe anguish when they think about the effects of a negative customer review in regard to their internet business reputation. So much so that they are willing to do just about anything, including sending the oft ill-advised demand letter. Usually, general counsel will tell the business owner that sending such a demand letter is no … [Read more...] about Think About This Before Responding To A Negative Customer Review
Bauer SLAPPs Beckham With A Huge Motion For Attorney Fees
I know David Beckham's defeat at the hands of Bauer Publishing is somewhat old news. But no one seems to have commented specifically about the merits of the massive motion for attorney fees filed against Beckham. Just how much is Bauer seeking in attorneys' fees? More than $250,000 in fees and costs! Just for an anti-SLAPP motion! To give you a point of reference, I'd say that … [Read more...] about Bauer SLAPPs Beckham With A Huge Motion For Attorney Fees
Is California Defamation Law Unfair?
I know the world isn't fair, but why isn't it ever unfair in my favor? - Bill Watterson, Author of Calvin & Hobbes Watterson's observation echoes many of the kinds of statements I hear weekly from potential defamation plaintiffs. After listening patiently to their side of the story, (usually several minutes), I begin describing the bad news in detail: Defamation law … [Read more...] about Is California Defamation Law Unfair?
Is the anti-SLAPP Statute Being Abused?
In what will probably be one of the most significant anti-SLAPP cases of 2011, the First District in Grewal v. Jammu, expressed in no uncertain terms that the anti-SLAPP statute is being abused. Justice Richman, writing for the majority, took the opportunity to detail the particular abuses of Section 425.16, with a not so subtle plea to the Legislature to limit the application … [Read more...] about Is the anti-SLAPP Statute Being Abused?