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Employers Must Avoid ‘Retaliation’ If Suing Employees for Defamation

Employers are vulnerable to being the targets of negative online and social media postings. And sometimes these statements can give rise to defamation claims. However, an employer considering suing a current or former employee for internet defamation must be careful if the (ex-)employee recently engaged in protected activity. Under Section 7...

Internet Defamation and Anti-SLAPP Laws: A Look Back at the Washington Supreme Court’s 2015 Ruling Invalidating the State’s Anti-SLAPP Statute

In late May 2015, the Washington Supreme Court became the first state to find an anti-SLAPP statute unconstitutional, striking down the rule codified as RCW 4.24.525. At the time (and likely still today), free speech advocates expressed their disappointment in the ruling, believing that the state of Washington would leave...