San Diego, CA Business Defamation Attorneys
Business defamation does not occur in a vacuum. The effects of being defamed can haunt business owners, executives, and other authority figures for years after the fact. It can destroy reputations and leave individuals without good job prospects. At The O’Brien Law Firm, our team of San Diego business defamation attorneys handle cases of false accusation that can ruin both individuals and businesses.
In today’s digital age, libel and slander can occur in the blink of an eye and spread with remarkable speed. Within hours, the majority of the world may have heard the news. Regardless of subsequent litigation, the damage has been done. When you are facing business defamation on either side, you will need an experienced San Diego lawyer for legal guidance in helping you navigate the complexities of the law.
Online Trade Libel
Online trade libel is one of the most common forms of business defamation today. Someone publishes information that directly and negatively addresses the quality of services or products that a company provides. Posts on social media, blogs, and other public forums can be considered libelous and are punishable in civil court.
The laws surrounding online interactions are changing as rapidly as technology itself. When you hire San Diego business defamation attorney to represent you in an online trade libel case, the attorney should be up-to-date with the latest court decisions regarding all forms of online trade libel. In trade libel cases, the plaintiff may be entitled to not only damages to recover losses, but also punitive damages to punish the defendant. It is important to note that negative online reviews are not often considered libelous, although in rare cases, companies have successfully pursued action against those who have posted said reviews.
If libelous statements are presented as facts or statistics, and are not sound, the writer could be held responsible for the resulting financial loss to the company. For example, reporters that do not verify every fact they publish have often found themselves in hot water due to just this type of defamation.
A strategic lawsuit against public participation (SLAPP) lawsuit is typically used by companies and individuals as a tactic to prevent critics from speaking out. The cost of fighting the suit is often enough to get individuals to recant and move on to another story, but the frivolous lawsuit is usually an unfair defense tactic. Anti-SLAPP laws allow individuals to file motions against complaints that would prevent them from exercising their right to free speech. If the motion is accepted, an anti-SLAPP statute can effectively prevent a company from trying to make an individual stop posting information.
However, effectively utilizing anti-SLAPP laws can be difficult. A written or verbal statement must adhere to certain requirements to be protected through an anti-SLAPP motion. At The O’Brien Law Firm, our team of lawyers understands the California anti-SLAPP laws and their applications so we can help both plaintiffs and defendants protect their rights in a defamation case. Our ultimate goal is to ensure every case is handled fairly with an accurate representation of the facts so individuals and businesses can move forward after a case.
Finding a San Diego Business Defamation Lawyer
When you choose a San Diego business defamation attorney, look for a professional who has experience in online and traditional cases. With the ever-changing online landscape and new rules about online behaviors being developed every day, there may be a new strategy that can help you successfully pursue your case. For more information about our approach to business defamation, contact us at our San Diego offices on 619.535.5151. We always offer a free case evaluation and will get back in touch with you within 24 hours to discuss the details of your situation.