Legal Question in Technology Law in California

Re: Defamation, slander and libel on internet forum

My first is advice is to save all evidence and information that in any way implicates the people engaged in this activity. You should make notation logs and keep written copies of all information related to the matter. Second, you need to consult an attorney to act on this immediately to determine the viability of any claims you may have against these people and to determine if you have sufficient proof against them to pursue formal legal action. You may be able to advance an action in California, but if these people truly operate in other states/jurisdictions, it may be more advantageous and/or necessary to bring an action in the areas where these individuals/businesses operate. Pursuant to any judgment you might receive, you will want to be able to enforce it. In most cases, this means going after the defendants' assets, which most likely are located in the area where these people reside/do business.

In any event, any good attorney should be able to give you a free consultation to evaluate your case and discuss key issues that will permit you to make an informed decision as to how you would like to proceed. If you reside in the San Diego or Southern California area, you can feel free to contact me, and I could discuss the matter and/or refer you to an appropriate firm.

Re: Defamation, slander and libel on internet forum

The Internet has complicated defamation because of the likelihood that the parties are in different jurisdictions and that the libelers are more or less anonymous.

Add to this the usual difficulties with defamation cases (is your client credible, how much of what the libeler is saying is truth, etc.), and the possibility that the potential defendants are judgment proof, and you will find that it will be difficult to find an attorney who will take this on with only a contingency fee agreement, to say the least.

So if you are going to assert your rights in court, plan to spend some money. Litigation is expensive.

Also, tell your attorney EVERYTHING. You don't know what could come back to haunt you, but that could be dealth with now.

In the meantime, save all of the postings to backup media. If you can, save to CD so that you can save EVERYTHING, not just the defamatory remarks. Also, it might not be a bad idea to contact the owners of the forums and see if you can get the messages deleted.

Re: Defamation, slander and libel on internet forum

How do you know who the forum posters are? If you have good evidence of who they are, then you very well may have a claim for defamation.

Additionally, you can bring all of the actions in California. You can restrain the posters from further defamatory comments.

And it still may be possible to enforce money judgments on out-of-state defendants, especially if they have any offices, bank accounts or outlets in California.

D. Alexander Floum is an experienced attorney and a law school professor.

The Schinner Law Group is a full-service law firm, providing outstanding assistance in business, corporate, tax, litigation, contracts, intellectual property and related areas of law.

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. Pursuant to California Rules of Professional Conduct rule 1-400(d)(4), this communication is intended as a solicitation for legal services.