Learn key strategies for removing defamatory content from the internet.
Protecting you and your client’s reputation and business is paramount in today’s digital landscape. This material provides a full scope of learning how to identify and attack online defamation at its source, formulating an effective game plan, and pursuing appropriate legal strategies and available remedies to successfully combat and remove unwanted online content.
You will benefit from this material by understanding how to avoid common and lesser-known pitfalls associated with navigating internet defamation and other related claims. You will also learn what legal steps are required for unmasking anonymous or pseudonymous internet users and how to minimize widespread and irreparable harm caused by online defamation. Examples of tried and tested responses to internet defamation will educate and inform you on best practices and, consequently, how to save time, money, and resources for your respective firms and clients when cast into what can seem like a rather nebulous area of the law.
Agenda
Overview
- Speaker Introduction
- Presentation Overview
Why Online Reputation Matters
- The Evolving Concept of Reputation
- How Online Reviews Affect Businesses and Professionals
- How to Protect Your Reputation Online
Anatomy of an Online Defamation Lawsuit
- Who Can You Sue? The Purpose, Impact, and Effect of Section 230 CDA Immunity
- Elements of a Claim for Defamation
- Common Defenses to Look out for
- Related Claims to Consider (e.g., Privacy Claims)
- Pre-Suit Filing Requirements
John Doe Lawsuits and How to Identify Anonymous Online Users
- What Is a John Doe Lawsuit?
- Where to File?
- Drafting Considerations
- Steps to Unmask the Defendant
- What to Do After Unmasking Your John Doe Defendant
- Effective Forms of Judicial Relief
Alternative Strategies and Non-Litigation Tactics to Remove Online Content
- Reporting Terms of Service Violations
- Dmca Takedown Request
- Retraction Demands and Cease and Desist Letters
- Settlement and Purchase/Assignment Agreements
- Editorial Inquiries Removal Requests
- Online Reputation Management/Suppression
Speakers
Daniel A. Powell,
Minc Law- Established leader in the internet defamation field
- Managing Attorney at Minc Law and seasoned litigator with a stellar track record of victories as both a trial attorney and an innovative online problem solver
- Bar Admissions: Ohio Supreme Court, U.S. Sixth Circuit Court of Appeals, U.S. District Court, Northern and Southern Districts of Ohio
- Proven success in obtaining desired relief and remedies for his clients, such as six- and seven-figure jury trial verdicts which have included extraordinary awards of punitive damages and attorney fees; examples of judgments obtained include seven-figure jury verdict (upheld on appeal) in favor of clients, including full compensatory damages, punitive damages, and attorney fees, against Fortune 1000 company-defendant found liable for actual malice; a six-figure jury verdict in favor of nonprofit entity which included compensatory damages and awards of punitive damages and attorney fees; a six-figure verdict for employer in response to false employee online reviews; and a six-figure settlement in favor of health care professional in a lawsuit filed in response to false and fake reviews on various online medical review websites, including Google, Yelp, Healthgrades, and Vitals
- Successfully argued dozens of appeals in both state appellate and federal circuit courts
- Obtained numerous favorable arbitration awards through the American Arbitration Association and government-appointed panels
- Established contributor to popular online publications such as the Los Angeles Times, Business Insider, and Mel Magazine
- Admitted to and active member of the William K. Thomas Inn of Courts
- Previous experience in various areas of the law, including civil and criminal litigation, labor, municipal, commercial transactions, probate, estate planning, and juvenile
Who Should Attend
This program is primarily designed for attorneys. Other legal professionals may also benefit from attending.
