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THE CASE WHEN THE TABLES WERE TURNED

TASA ID: 408

When I was recommended by my own attorney to one of his colleagues, I found myself in an awkward situation. It was awkward because I didn’t want to return any obligations which may have jeopardized my relationship with my counsel and which may require that I ‘find’ I disagreed with my suggested role as a consultant. Regardless, I was introduced to the attorney who represented the husband in a pending divorce case.  Study of the situation revealed that there was an abundance of money involved, and the ‘departing’ wife wanted a large share of it all.  The husband wanted to mitigate his obligations.

Defamation Defense: Is There a Third “Bite of the Apple” Available?

TASA ID: 2156

In defamation cases, there are two basic “tried and true” defenses utilized in lawsuits, whether the charge is libel, slander or both.  The first is “truth” because one of the elements that must be proven in a defamation lawsuit is the falsity of the statement.  Therefore, if the statement is true, there is no basis for defamation.

Image/Reputation/Brand Damage:

Does Litigation Solve the Problem?

TASA ID: 2156

When the image, reputation or brand of a person, business, organization or any type of entity has been damaged by defamation (e.g. libel, slander) or any form of communications or action by another, it often leads to litigation.  The wronged party seeks redress in some form or another to “right the wrong” so-to-speak.  It could be simply to have the offending party admit they were wrong (to specific parties or publicly), to have them apologize, to reverse an action, to demand restitution in some form, etc.  In many instances, it involves litigation.

Image/Reputation Damage From Media News Reports:

Is it Legally Actionable?

TASA ID: 2156

So the operative question here is: “when media exposure of a negative event or activity harms the image or reputation of a person or entity, is it actionable in terms of a lawsuit?”  The answer is, “yes and no.”  I’ve served as an expert witness in numerous cases relating to media reports that caused damage, representing both the plaintiff’s (those claiming harm) and the defendant’s (those that took the actions that resulted in the media reports).  Let’s be clear about one thing first, the media is not the culprit and cannot be the targets of lawsuits if their reports were accurate as to the facts and there was no judgements made in the reports as to guilt or innocence.  One might quibble about the extent of the coverage provided or whether it was fair or balanced but the media has a right to report the news as long as it is fair and accurate.

Professional Malpractice or Failure to Perform:

When Communications Go Awry

TASA ID: 2156

In the communications field, there are numerous types of professions and service providers that are utilized to communicate for numerous purposes to various types of target audiences.  Such purposes could involve: disseminating information; creating or generating awareness; creating, building, developing or repairing an image, reputation or brand; generating ongoing visibility; promotion or marketing of a product or service; or communicating in crisis situations to disseminate vital information and/or correct negative impressions or incorrect information.  The most prominent type of service professionals that are contracted for these purposes are in the fields of public relations; advertising and marketing.  
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