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Subpoenas, Forensic Exams and Cyber Investigation: How to Identify Anonymous or Unknown Internet Posters

It is no secret that people are more comfortable publishing harmful statements on the internet when their identities are unknown.  As such, the sources of internet defamation and other online reputation attacks typically publish damaging content anonymously or pseudonymously.  Therefore, pursuing an attacker in an internet defamation case often involves...

Cease and Desist Letter an Effective Response to False Online Reviews When Strong Legal Grounds Exist

Businesses and individuals have increasingly become victims of false online reviews.  When a party has been the subject of such damaging internet posts, an attorney or other hired professional (e.g. PR or ORM expert) can utilize a variety of techniques to assist his or her client. On the legal side,...

New California Law: Non-Disparagement Clauses Barring Online Reviews are Void, Unenforceable

In August 2014, we wrote about a New York hotel that was slammed online when people learned it was fining wedding parties $500 for negative reviews left by their guests.  On Tuesday, California passed legislation prohibiting businesses from doing something just like that: having customers sign non-disparagement clauses agreeing not...

Supreme Court of Texas Rules in Favor of Removal of Internet Defamation

On Aug. 29, 2014, the Supreme Court of Texas handed down a significant ruling in an internet defamation case.  In Kinney v. Barnes, the court held that authors of defamatory online posts can be required to remove the posts.  However, a permanent injunction restricting future postings of the same or similar...