News & Analysis as of

Defamation Risk Management

Defamation is a false statement, either written or oral, that harms the reputation of another person. In order to recover for defamation, a victim must establish that 1) the statement was false 2) the statement... more +
Defamation is a false statement, either written or oral, that harms the reputation of another person. In order to recover for defamation, a victim must establish that 1) the statement was false 2) the statement was communicated or published to a third party 3) the defendant caused the statement to be communicated or published, either intentionally or at least negligently 4) some harm was suffered as a result. less -
Constangy, Brooks, Smith & Prophete, LLP

Social media tip for employers: SHUT UP!

In 2022, a company’s Chief Technical Officer started making internal complaints about alleged sex discrimination and retaliation at his place of employment and advocating for some female executives who were allegedly not...more

Kerr Russell

May I Use Patient Information to Respond to Internet Criticism?

Kerr Russell on

Question: It was recently brought to my attention that a patient posted on the internet false and misleading information regarding treatment I provided to her. The posting also contains false and defamatory descriptions of me...more

Vedder Price

AI “Hallucinations” Can Inflict Real-World Pain

Vedder Price on

In filing a lawsuit many have dubbed “the first of its kind,” a radio host in Georgia is claiming that OpenAI, the company behind the artificial intelligence chat platform “ChatGPT,” is liable for defamation....more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - V 4, Issue 4, April 2023

Tech Vendors and Cybersecurity – Are They Responsible? It has long been recommended that when you contract with a technology vendor that you include an indemnity clause in the contract wherein the vendor will indemnify you...more

Kohrman Jackson & Krantz LLP

Seven Things You Should Do Right Now to Protect Your Online Reputation

Billions of Google searches occur every day. Sources estimate that the average person conducts between three to four daily Google searches....more

Pullman & Comley, LLC

ABA Weighs in on Lawyer Responses to Negative Online Reviews

Pullman & Comley, LLC on

In an ethics opinion issued on January 13, 2021, the American Bar Association’s Standing Committee on Ethics and Professional Responsibility  has provided guidance to practitioners on responding to negative online reviews...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Recent Texas Court Decision Highlights the Risks of Defamation in Internal Misconduct Investigations

Employers understand they have an obligation to investigate complaints of workplace misconduct. However, communications made during internal investigations are not totally without risk....more

Thomas Fox - Compliance Evangelist

Compliance Lessons From Burner Phones

Hunter S. Thompson once said that when the going gets weird, the weird turn pro. It turns out that amateurs can get weird too. The University of Mississippi football program, which is under a self-imposed postseason ban and...more

Foley Hoag LLP

Liability for Commercial Speech: A Guide to False Advertising, Commercial Disparagement, and Related Claims

Foley Hoag LLP on

This volume summarizes related bodies of law – false advertising, commercial disparagement, and defamation – that govern the conduct of business communications. It sets forth elements, damages, and related defenses for each...more

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