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Defamation Lawyers

Protecting our clients' reputations and their right to freedom of speech
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Our defamation lawyers represent plaintiffs, defendants (both anonymous or identified), and third parties in defamation litigation. The attorneys in our firm possess the knowledge and skills from diverse perspectives to represent our defamation ( libel or slander ) clients in an assertive, effective, strategic, and efficient manner.

Whether protecting the reputation of a person or company from defamation; protecting the rights of anonymous and known speakers (online and offline) to free speech; whether involving print publication, oral communications, or via the Internet on blogs, websites, social meda, email, and other sources, we possess strategies developed over more than two decades of defamation litigation in Illinois, Indiana, Texas, Connecticut, Utah, Colorado, Arizona, Tennessee, Idaho, and other diverse jurisdictions.

We describe the defamation ( libel slander cybersmear) representation provided by our attorneys and lawyers more fully below. Elsewhere on our site, we also provide more information about defamation law in general. In all cases, we will initially discuss your matter at no charge. However, we cannot provide specific defamation related advice until a person - business or individual - becomes a client. Consequently, we may suggest a paid consult to more fully assess the viability of your situation.

Personalized Approach Not all objectionable statements will constitute defamation or be defamatory. Not all opinion statements will be protected by the First Amendment to the United States Constitution or similar law under state constitutions. For this reason, we treat each situation with individualized attention and provide our clients with a well-reasoned and seasoned perspective. The care, effort and skill we invest on behalf of each client makes our firm unique and well-positioned to represent our clients' interests. Each attorney or lawyer in our firm will provide individualized advice and strategy. Then, we work collectively as a team to provide our individual and business defamation clients with the best representation.

For Victims of False Statements Our defamation attorneys and lawyers have long protected individuals about whom false statements have been made online, in print, and/or through oral communications. Through our practice, our firm has developed strategies to mitigate the harm caused by the statements (including, where possible, the removal of such statements) and pursue available remedies against those who made such false statements. Indeed, every attorney in our firm vigorously protects the reputations of our clients by acting swiftly in attacking false statements and those who have made them. Whether by false statements made orally (slander) or by false statements made in writing (libel) to another person or persons, we have the experience and knowledge to act decisively and quickly to protect our clients interests. We understand the potential embarassment, reputational harm, and economic losses that can arise from defamatory statements made to another individual.

For more information about our litigation involving defamation, please explore descriptions of selected current and past cases.
Protecting Free Speech At the same time, our firm protects our clients who have exercised their right to free speech - whether online, in print, or through oral communications. For those of our clients who have made statements about others and find themselves involved in litigation or the threat of litigation, we respond aggressively to protect their interests and rights. Every lawyer in our firm vigorously protects the First Amendment and state rights of our clients who have been unjustly sued for making (anonymously or not) statements protected by the law.

The First Amendment protects a broad range of speech. Many times, individuals will make statements of opinion or truthful statements to which the subject of the statement objects and chooses to litigate. We have successfully defended a number of individuals in such situations.

Cybersmear or Internet Defamation

Cybersmear has come to be defined as online statements or conduct that tends to defame individuals or entities. Throughout the last seven years, the attorneys in our firm have developed specific, refined knowledge about cybersmear litigation and the particularized techniques employed in such litigation. In particular, our firm has experience in defending anonymous and pseudonoymous online speech, protecting the identities of such individuals, and overcoming aggressive and retaliatory litigation. We have provided summaries of certain past and present cybersmear litigation in which we have been involved.

Mudd Law possesses substantial experience in matters involving anonymous speech. We regularly defend the interests of those who anonymously engage in lawful speech on the Internet. At the same time, we possess substantial experience pursuing persons who engage in unlawful anonymous speech.

Where our clients speak anonymously, our firm makes every effort to protect the identity of our clients from being disclosed. Our firm, through Charles Lee Mudd Jr., helped pioneer representing the interests of anonymous speakers online. Our firm represented parties in the Mobilisa v. The Suggestion Box, et al. through which the Mobilisa standard emerged for determining when the identifies of anonymous speakers should be disclosed.
Our firm possesses deep experience and background on these issues unavailable in other firms.

We understand the nuances of John Doe litigation.

John Doe Litigation has come to reference litigation efforts to unmask the identities of anonymous or pseudononymous individuals. Many times, this litigation will file suit against a John Doe or John Does. In such cases, the Plaintiff will obtain leave to initiate discovery in the form of a subpoena directed to an Internet Service Provider ("ISP") to obtain the identity of the individual.
Other times, the litigation or lawsuit will file suit against an Internet Service Provider ("ISP") directly to obtain the identity of the individual through discovery. In both cases, the ISP may provide notice to the subscriber of the pending litigation so the individual subscriber might object and file a motion to quash. Our firm has experience in both forms of litigation.

Over the last several years, social media became a significant forum through which defamatory statements (libel) can be made about individuals and businesses. These defamatory social media posts can quickly become viral leading to significant harm to people and businesses. Our attorneys and lawyers understand the convergence of defamation law and social media. We can utilize the various claims that might arise from social media posts (defamation, libel, privacy, trade libel, disparagement) to pursue a variety of solutions including, but not limited to,, litigation. Moreover, given our experience, we can react dynamically and quickly to unlawful and tortious statements made online through social media.

Of course, a number of issues determine what might be the best approach. To begin with, the particular strategy will depend on whether we know the identity of who posted the content or not. It also depends on whether there have been been one defamatory post or multiple defamatory posts. The objectives will also dicate the strategy, particularly whether non-monetary or monetary concerns represent the most important remedies.

While you search for a defamation lawyer to represent you in pursuing the publisher of defamatory social media posts, you should also preserve the content (screen shot OR print and save as a PDF). If the statements violate the site's terms of use or service, you can often flag the posts. However, be careful not to create content yourself that the published can claim to be defamatory. So, apart from preservation and flagging, you should speak to an attorney who knows social media and defamation well before engaging in further action. We would be pleased to speak to you about your situation.
We also defend vigorously our clients' rights to free speech. Social media can give rise to claims of defamation and privacy violations. In fact, given the immediacy of social media transmission, it almost creates more opportunities for inadvertent statements that - right or wrong - can lead to claims of defamation and violations of privacy.

Why Choose Us?

Innovative

Our team works diligently to develop creative solutions to our clients' litigation matters.

Diligent

We work tirelessly on behalf of our clients and their interests.

Communicative

We welcome our clients' communications and involvement in the litigation process.

Strategic

We invest in understanding our clients to combine this knowledge with legal experience to plan strategically.

Dynamic

We adapt quickly to changing circumstances with our client and in the law.