Defamation Litigation and Reputation Management: Piercing Internet Anonymity, Insurance Considerations

This CLE webinar will discuss how complicated, nuanced, and easily-triggered defamation claims have become and best practices for litigators bringing or defending these claims after losses due to a false statement or to protect a name, image, or likeness. This specialized panel will address the expanded circumstances giving rise to defamation claims, brand and reputation management strategies, legal developments regarding how courts construe the elements of the claim and defenses, astronomical verdicts, insurance considerations, secondary litigation arising from defamation allegations, and more.

Despite formidable hurdles in successfully bringing and proving a claim for defamation, the number of defamation claims being asserted in the U.S., according to one report, has increased fourfold since 2015 and shows no signs of slowing. The use of social media, digital platforms, AI, and digital products has led to claims from views and conclusions presented in documentaries or discussions of current events, injurious web searches, negative social media posts and online reviews, misappropriation of personal data, and more. Telling opinion from fact has become increasingly difficult. The permanent nature of internet content means plaintiffs have substantially more incentive for trying to rectify alleged harm than in times past.

Internet anonymity can make finding and identifying the defendant, demonstrating the requisite intent, and assessing damages extremely difficult. Finding insurance coverage to defend or indemnify claims can be challenging under CGL and E&O policies, and insurers often assert exclusions. For publicly traded companies, defamation claims can lead to shareholder lawsuits and trigger D&O policies. 

Listen as this distinguished panel offers guidance for navigating the new era of defamation, discusses why this cause of action has become increasingly asserted, and offers practical guidance for plaintiffs and defendants.