DEFAMATION, PRIVACY & THE INTERNET
The Firm has been active in defamation and privacy cases since its founding. With the dramatic increase in potential for defamation liability associated with the rise of email and the Internet, the Firm has been increasingly involved in this area.
In addition to sustaining the largest defamation award to a terminated doctor in New York in Purgess v. Sharrock and Hospital for Special Surgery, 33 F.3d 134 (2d Cir. 1994), and enforcing the Libel-Proof Plaintiff doctrine in New York in Lenny Dykstra v. St. Martin’s Press LC, MacMillan Publishing Group, LLC, Ronald Darling et al, 2020 NY Slip Op31813 (U) (Supreme Court, NY Cty.), the Firm has been involved in a number of cases that deal with defamation, privacy, and the use of email and the Internet. Cases of this type often involve a balancing of First Amendment, privacy, and reputational interests, all analyzed in the context of a frequently-changing statutory and decisional legal landscape.
These matters have included representation of numerous employees accused of violating email and Internet policies at work. In each of these instances, the Firm was able to achieve favorable results through litigation, arbitration, or negotiation. Defamation, privacy, and Internet matters have also included representation of individuals who have been defamed and harassed by email, blogs, and other means. In each of those instances, the Firm has worked with employers and prosecutorial personnel to defend and vindicate the rights of the victims of this misconduct.