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 protecting yourself today. How can you … [Read more...] about Protecting Your Reputation Before Internet Defamation Occurs
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 of or in opposition to an anti-SLAPP motion. One … [Read more...] about A Little Known Requirement in the California anti-SLAPP Statute
Defendants: How To Win A Defamation Case Without Filing An Anti-SLAPP Motion Or Going To Trial
As I sit here and enjoy another sunny day in Los Angeles, California, I think to myself, "man, I'm lucky." I get to litigate cases which intrigue me, and get to help people resolve their disputes without resorting to self-help (in most instances). But you're not here to listen to my idle musings. You're reading this because you want to know what's the single biggest … [Read more...] about Defendants: How To Win A Defamation Case Without Filing An Anti-SLAPP Motion Or Going To Trial
Don’t Let The Court Give Your Adversary Special Treatment
Every once and a while I come across a pro se litigant on the other side of the case (note: pro se litigant means someone who is representing him or herself), and this can be a good thing, but it can also be a major irritant On the positive end, as a lawyer, you have a tremendous advantage against your adversary and you can really do a number on him or her if they don't follow … [Read more...] about Don’t Let The Court Give Your Adversary Special Treatment
Plaintiff Need Not Substantiate All Theories Presented Within A Single Cause of Action
In my last post I discussed the 'minimal merit' standard with respect to a plaintiff's burden in opposing an anti-SLAPP motion. Recently, I saw a brief (which prompted this post) where the defendant in its moving papers argued that the plaintiff was required to prove the claim to the court. This is wrong. “A plaintiff is not required ‘to prove the … [Read more...] about Plaintiff Need Not Substantiate All Theories Presented Within A Single Cause of Action