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Best Practices, Worst Practices for Responding to Internet Defamation

There are a number of ways in which one can respond to internet defamation. There are also a number of ways not to respond. Below is an overview of some different response options that affected parties should and should not consider. How not to respond to online defamation We have...

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...

Employers Must Be Careful Using Non-Disparagement Clauses to Discourage Employees’ Negative Online and Social Media Posts

In recent years, there has been backlash against non-disparagement clauses pertaining to online reviews. In particular, those attempting to restrict honest—albeit negative—feedback about companies.  In fact, California passed a law in August 2014 prohibiting anti-negative review policies. Meanwhile the Federal Trade Commission filed its first ever lawsuit over similar non-disparagement clauses...