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Posts Categorized: Defamation

Posted: January 12, 2018

Defamation Claim Barred by Fair and True Report Privilege

On January 11, 2018, the First Department issued a decision in Highland Capital Management, L.P. v. Stern, 2018 NY Slip Op. 00230, dismissing a defamation claim under the fair and true report privilege, explaining: Defendant Stern’s statement to the Wall Street Journal, that plaintiff investment advisor “just took our money,” fell within the statutory privilege… Read more »

Posted: December 21, 2017

Motion to Dismiss Defamation Claims Granted Based on Qualified Privilege

On December 7, 2017, Justice Ostrager of the New York County Commercial Division issued a decision in L.Y.E. Diamonds Ltd. v. Gemological Institute of America Inc., 2017 NY Slip Op. 32576(U), dismissing a defamation claim on a motion to dismiss based on qualified privilege, explaining: In a defamation action, such as this, a qualified privilege… Read more »

Posted: December 1, 2017

Litigation Privilege Bars Defamation Claim

On November 28, 2017, the First Department issued a decision in Peters v. Coutsodontis, 2017 NY Slip Op. 08308, holding that the litigation privilege barred a defamation claim, explaining: Supreme Court properly concluded that the alleged defamatory statements were pertinent to the 2005 action and therefore absolutely protected by the judicial proceedings privilege. The statement… Read more »

Posted: March 13, 2017

Allegations of Malicious Prosecution and Defamation Based on Allegations in Complaint Upheld

On February 28, 2017, the First Department issued a decision in Thomas v. G2 FMV, LLC, 2017 NY Slip Op. 01511, upholding claims for malicious prosecution and defamation based on allegations in a complaint, explaining: Plaintiff alleges that, for improper purposes, defendants brought an action for a declaration that he resigned from G2 Investment Group,… Read more »

Posted: October 3, 2016

Client Q&A: Someone made a posting on a website that is not just untrue, it also is hurting my business. Is there anything I can do?

Someone made a posting on a website that is not just untrue, it also is hurting my business. Is there anything I can do? By John M. Lundin As the internet has grown, so, too, has the problem of people writing things that are false about businesses or other people. Most of us know to… Read more »

Posted: March 7, 2016

Client Q&A: My old boss’s lawyers are sending threatening letters to my new boss. What can I do?

My old boss’s lawyers are sending threatening letters to my new boss. What can I do? By Niall D. O’Murchadha The “threatening attorney letter” is a common feature of many of the business-related disputes discussed in these Client Q&As. If you suspect that a former (or current) employee or business partner is about to breach… Read more »