United States: Libel & Defamation

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Article
Can An Algorithm Commit A Tort? The Circuit Split Over Section 230
A growing circuit split is reshaping Section 230 immunity as federal courts diverge on whether algorithmic content recommendations constitute protected publisher conduct or a platform's own actionable expression. While the Fourth and Ninth Circuits maintain broad immunity for social media platforms, the Third Circuit's groundbreaking Anderson v. TikTok decision holds that algorithm-driven content curation may fall outside Section 230's protections, creating new liability exposure for platforms and opportuni
United States Litigation
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Benesch Friedlander Coplan & Aronoff LLP
Article
Key Considerations For Businesses Facing Defamation Issues: Strategies For Protecting Your Reputation And Brand
Defamation risk has escalated dramatically in the digital age, where false statements persist indefinitely online and are now being absorbed into AI systems that can reproduce them at unprecedented scale. This analysis examines five critical strategies businesses must implement to protect their reputations proactively, from identifying vulnerabilities before publication to taking control of their own narrative when false information emerges.
United States Litigation
B
Benesch Friedlander Coplan & Aronoff LLP
Article
Apparently, “It Ends With … $407,000” A Blake Lively/Justin Baldoni Update For Employers
A federal court has awarded Blake Lively over $400,000 in attorneys' fees and costs under California's new anti-SLAPP statute after dismissing a defamation claim brought against her for speaking out about workplace harassment. This landmark ruling marks the first fee award under California Civil Code section 47.1, which protects communications about sexual harassment, discrimination, and retaliation—raising critical questions about the financial risks employers face when responding to workplace allega
United States Employment
PR
Proskauer Rose LLP
Article
Only The Strong Survive: Easy Pitfalls To Avoid As A Defamation Plaintiff
A recent North Carolina defamation case demonstrates how procedural missteps—missing deadlines, failing to name all defendants, or improperly characterizing statements—can lead to early dismissal. The case offers critical lessons for plaintiffs on navigating statutes of limitations, pre-suit notice requirements, and strategic complaint drafting to survive motions to dismiss.
United States Litigation
B
Benesch Friedlander Coplan & Aronoff LLP
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