Abstract
You are your reputation. A good one is a prized possession for businesses and individuals alike. And, as with most valuable assets, what takes years to painstakingly build may take only a day or a few keystrokes to destroy.
Particularly in today's digital era, the impact of a false accusation or unfair negative characterization against an individual, business, or other organization can be disastrous. The damage quickly and intensely escalates as information spreads like wildfire through social media and other online platforms and communication avenues. When a competitor, customer, reporter, podcaster, consumer advocate, watchdog organization, or other party libels (makes false written remarks about) or slanders (makes harmful spoken remarks about) your client or your client's business, the damage can be devastating in the short term. It can also be virtually impossible to undo in the longer run.
Fortunately, the law provides ways to fight back, minimize future damage, and, to some extent, undo past harm done. With the benefit of having both pursued and defended many defamation actions, we will describe, in practical terms designed to be helpful whether you are bringing or defending an action, the key promises and pitfalls of defamation lawsuits. We will sketch out a roadmap for bringing a successful defamation action while also identifying some of the less-understood challenges litigants will likely face along this unusual litigation voyage.
Originally published by SSRN.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
