Online Defamation and Libel

Define the Line Between Free Speech and Defamation to Your Client's Advantage

Social media, message boards, rating websites, articles and other Internet resources have become a hotbed of defamatory content. When a business or individual wishes to get offending material removed or take legal action, do you know the steps to take? In this program, seasoned faculty will share their knowledge of defamation law and Internet law so you can effectively help clients combat Internet defamation or defend against a claim. Enhance your practice - register today!

• Delve into online defamation law and distinguish between protected vs. unprotected speech.
• Discover how to effectively remove false and defamatory posts, articles, etc.
• Learn how to locate and identify anonymous defamers on the Internet.
• Find out what facts and evidence you need to cultivate to turn Internet defamation cases in your clients' favor.
• Uncover common arguments and tactics utilized by plaintiffs' and defense attorneys.
• Calculate damages and explore ways to gain leverage when negotiating defamation settlements.

Who Should Attend

This program is designed for attorneys. Businesspersons, insurance professionals and paralegals may also benefit.

Course Content

1. Getting Started
2. Plaintiff Strategies to Protect and Compensate a Defamed Client
3. Defense Strategies to Justify the Offending Statement
4. Damages and Settlement Negotiations to Resolve a Defamation Claim

Agenda / Content Covered

All times are shown in Eastern time

10:00 AM - 11:30 AM, David H. Pollack

1. Getting Started
   1. What Constitutes "Harm"?
   2. Is it a Federal or State Issue?
   3. Getting Statements Removed From the Web
   4. Role of Insurance in a Defamation Dispute
2. Plaintiff Strategies to Protect and Compensate a Defamed Client
   1. Using Evidence in Your Defamation Case
   2. How to Prove an Internet Defamation Lawsuit
      1. Proving Defendant Published the Statement
      2. Proving the Report is Untrue
      3. Proving They Were Injured by the Statement
      4. Demonstrating the Defendants did not Confirm Their Claims

11:45 AM - 1:15 PM, Daniel Szalkiewicz

3. Defense Strategies to Justify the Offending Statement
   1. Use the Burden of Proof to Your Advantage
   2. The First Amendment and Protected Speech
   3. Are the Statements Fact of Opinion?
   4. Applying the Statute of Limitation
   5. Arguing Unlawful Prior Restraint to Fight an Injunction
   6. Different Standards of Proof Required from Negligence to Actual Malice
   7. Is the Plaintiff a Public Figure?
   8. Was the Statement on Matter of Public Concern?
   9. Is Litigation Privilege a Defense Against Defamation?
   10. Media Defendants and Blogger Rights - Using the Fair Report Privilege to Protect Your Client's Statements
   11. Was it a Case of Invited Defamation?
4. Damages and Settlement Negotiations to Resolve a Defamation Claim
   1. Will an Insurance Company Cover the Damages?
   2. Calculating Economic Loss
   3. Calculating Cost to Repair Reputation
   4. Using Economic Studies on Impact of Online Reviews
   5. Minimizing Damages
   6. Is Bankruptcy Protection Available?
   7. Are Your Statements Still Yours?

If you intend to take a course for CLE credit, please make sure your state is listed in the "Accreditation" section to the upper right of the program description. Accreditation displayed is unique to the purchased program format (live conference, live webcast, on demand, podcast). Credit totals listed for live conferences are the maximum credits available. Credits issued will be based upon actual time in attendance.  Credit totals for other formats are for complete programs.  Partial credit is not available for any online or downloadable format. 

West LegalEdcenter will not provide accreditation for states not listed. 

This product is intended for individual use by the named purchaser. Group viewings for online programs may be arranged for five or more attorneys within the same organization prior to viewing by emailing west.wlec-sales@thomson.com.