Have You Been Defamed? Part IX

Have You Been Defamed? Part IX

Once you have determined that no privilege bars your claim for defamation, you must then look and see if any other defenses unrelated to privilege apply. First, if you were to consent to the statement’s publication, regardless of whether it was defamatory, and...
Have You Been Defamed? Part VIII

Have You Been Defamed? Part VIII

Another issue that must be considered in a defamation action is whether the statement is actionably disparaging. Generally, it is obvious whether a statement is “negative” and could bring the subject into disrepute. However, just because a statement is negative does...
Pointers for a Non-Compete Agreement

Pointers for a Non-Compete Agreement

Often employers require new employees to sign a “non-compete” agreement as a condition of employment. A non-compete agreement prohibits the employee from competing with the employer for a period of time after the employee ceases to be employed by the employer, whether...
Have You Been Defamed – Part VII

Have You Been Defamed – Part VII

Once you have determined that no privilege bars your claim for defamation, you must then look and see if any other defenses unrelated to privilege apply. First, if you were to consent to the statement’s publication, regardless of whether it was defamatory and...
No, That’s Not Free Speech

No, That’s Not Free Speech

These days it seems that everyone is protesting something. Trump supporters. Trump haters. Antifa. NFL players. Teachers. Black Lives Matter. White Nationalists. And indeed, it seems that everyone has an opinion about those protests. Putting aside the merits of any...
Have You Been Defamed? Part VI

Have You Been Defamed? Part VI

Except for the litigation privilege in defamation matters, by far the most common privilege encountered will be the “conditional” or “qualified privilege.” These privileges exist when, for policy reasons, a speaker should be encouraged to speak but for which the...