Category: Articles, Business & Commerce, Communications, Computer/Internet, Employment, Resources for Attorneys, Resources for Experts 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. Read more
Category: Articles, Business & Commerce, Communications, Marketing, Resources for Attorneys, Resources for Experts 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. Read more
Category: Articles, Business & Commerce, Communications, Entertainment, Marketing, Media, Resources for Attorneys 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. Read more
Category: Articles, Business & Commerce, Communications, Marketing, Media, Resources for Attorneys 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. Read more
Category: Articles, Communications, Marketing, Media, Resources for Attorneys Harmful Media Exposure: Beware Of the Hidden Sources of Damage TASA ID: 2156 When it comes to the positive perception of someone or something, there is a saying that is at once ominous and very true: “It can take years to build a reputation and seconds to destroy it.” There are an infinite variety of ways that a negative perception can be generated through various forms of harmful communications. One of the most common – and impactful and damaging – is through the mass media. It’s not supposed to be that way nor should it be. Read more
