Internet Defamation

Internet Defamation Litigation

Is someone spreading incorrect information online resulting in internet defamation of your business or personal reputation ? Have you been threatened by a frivolous defamation lawsuit?

Internet defamation can become a huge problem to your business and reputation. Whether you have been defamed online or have been falsely accused of defaming someone, we can assist you with all facets of internet defamation litigation.

We concentrate on successfully resolving Internet defamation and online reputation issues for both plaintiffs and defendants. Whether you are alleged to defame someone or have been defamed, we can assist you to resolve the matter. Our attorney, having bachelors and masters degrees in computer science, is skilled at resolving defamation related issues through complex analysis of electronic data and forensic resources.

Both plaintiffs and defendants should keep in mind: The statute of limitations in California for defamation is one year (California Code of Civil Procedure. Part 2. Title 2. Section 340(c)). This means any action must be brought within one year after the defaming statement was first communicated. The "clock" begins to run on the date on which the defamatory statement is first made. Even if the statement is later repeated or republished, the one-year clock does not reset, and the plaintiff is not entitled to bring another lawsuit. We often see plaintiffs alleging defamation continuing from years ago. However, defendants can challenge such allegations under the single publication rule.

Although not absolute, the single publication rule means that republication of material does not entitle plaintiffs to file multiple actions or forward the one year statute of limitations. For example, if a blog post is replicated by other websites, only the first publication is deemed to have occurred for purposes of the statute of limitations. As a result, the clock starts to run when the first publication was made, not when the republication occurred. However, courts will likely find re-publication has started a new statute of limitations period when online material is altered in a significant way.

Out of state defendants sued in California should note, they may be able to challenge jurisdictional issues if they do not have any connection to California in a meaningful way.

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