Topic: Legal

Legal side of Reputation Management

Accusations of child porn and extortion fail to stop revenge porn site operator 0

Venture Beat discusses the latest threatened lawsuit filings against revenge porn site As reported in the article, attorney Marc Randazza has been building a case against the website. Randazza says he’s not a savior, but:

I’m just a lawyer doing my job.

Read More…

Source: randazza

Los Angeles Superior Court Continues to Reduce Staff 0

The Los Angeles Superior Court, the biggest court system on earth, continues to take extraordinary measures to deal with the budget crisis in California. Here is an article from Courthouse News that lays out some of the current issues facing the courts. One thing is clear: these cuts will delay trials, which will delay justice. Something must be done at the legislative level.

Source: Adrianos Facchetti

Malicious Prosecution 0

Malicious prosecution is extremely difficult to prove and is disfavored by the law. It requires the plaintiff to plead and prove four distinct elements in order to prevail. These elements are: (1) initiation of a prior proceeding; (2) favorable termination; (3) lack of probable cause; and (4) malice.

The first element is pretty self-explanatory: it requires the initiation of some formal proceeding, e.g. filing of a complaint. The second element is a bit more nuanced, but an example of a favorable termination would be a defense jury verdict or dismissal with prejudice of the underlying claims.

The existence of probable cause is determined by an objective test: “a suspicion founded upon circumstances warranting a reasonable man’s belief that grounds exist for initiating proceedings.”

If an attorney is being sued for malicious prosecution, the test for probable cause is whether, as an objective matter, “any reasonable attorney would have thought the claim tenable.” That is, the “ . . . standard [] is satisfied if the issues presented in the underlying action were arguably correct, even if it was extremely unlikely the client would win.”

And in order to show malice, plaintiff must plead and prove either ill will or some ulterior purpose distinct from that of enforcement of the alleged cause of action.

Those are the elements of a malicious prosecution. But beware: courts do not like these kinds of claims. And they are automatically subject to anti-SLAPP treatment. 

Source: Adrianos Facchetti

Defamation Is A Personal Injury 0

Personal injury lawyers get a bad rap because of years of tort reform and hokey advertisements. But personal injury law is much broader than just auto accident and slip and fall cases. Every time a doctor misdiagnoses a patient causing injury, a personal injury lawyer steps in and advocates on behalf of the patient’s safety, which makes the entire community safer. The same is true when a pharmaceutical company puts profits over safety and causes injury.

But have you ever considered the fact that defamation is a personal injury, too? This injury may even be more serious than a physical injury because your reputation is at stake–and in many cases, your reputation may not be something you can fix, unlike a physical injury.

Although our right to an undefamed reputation must be balanced against the First Amendment rights of others, it’s important and must be recognized for what it is: a personal injury. 

Source: Adrianos Facchetti

The Meaning of Libel Per Se 0

Here is a short post describing what libel per se means. In California an allegedly defamatory statement is said to be libelous per se if it is defamatory on its face. Meaning that it does not need any explanation. For example, accusing someone of a crime is libelous on its face. If a statement is libelous per se the plaintiff does not need to prove special damages. This is significant because many individual plaintiffs cannot demonstrate any special damages–they usually can only show general damages. But without evidence of any special damages, juries are typically reluctant to award any considerable amount of general damages.


Source: Adrianos Facchetti