Legal Question in Personal Injury in New York

I want to make a financial education video where I expose the high fees of SOME advisors via facts and examples. My co-host will be a doll who plays the part of a generic advisor that I confront about these fees in an embarassing and humorous way. Am I in danger of defamation/libel or other from an individual advisor as long as I say up front that this doesn't apply to all? How about from some association or organization of advisors? The videos are a lead in to a paid course of DIY investing.


Asked on 3/16/14, 8:31 am

2 Answers from Attorneys

SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

Do not refer to any one individual, organization or non-profit. Simply present a scenario from a generic point of view; be careful not to use any names or symbols remotely similar to existing ones to provide even a whip of familiarity.

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Answered on 3/16/14, 9:39 am
Roman Fichman Esq. Law Practice of Roman Fichman Esq.

My colleague is correct, alhough, generally speaking, truth is not defamatory. Therefore, names and marks could potentially be mentioned, as long as they represent the truth backed up by irrefutable facts. In addition, in many instances, opinions are generally not defamatory either, but sometimes it's difficult to determine if something is an opinion or a purported statement of facts.

A good bet is to run the script by an attorney who would be able to assist you in flagging down content that might be defamatory.

Please contact my office at your earliest convenience for help in this matter.


Roman R. Fichman, Esq.

www.TheLegalists.com │ @TheLegalist

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Answered on 3/16/14, 6:38 pm


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