Our team possesses an existing knowledge of applicable law, extensive experience in implementing diverse strategies, the insight to recommend an individualized multi-level course of action, and the ability to act expeditiously - all of which an effective response to defamatory or other harmful content will require.
When harmful content has been published about you, the most pressing objective will be to mitigate the harm caused by the content. When the context appears online, this will involve removing the content as soon as possible.
Often, a lawsuit will be the first approach that comes to mind. However, litigation - in the context of reputation law - may not be the best initial strategy. For example, in filing a lawsuit, a claim for defamation will require the complaint to republish the very statements about which one complains. The complaint will become public (except in rare circumstances) and available for people to read. And, depending on the nature of the harmful statements, a complaint may very well invite public attention and scrutint.
So, when circumstances enable the identity of the publisher to be known. other responses to harmful content may be advisable. In these circumstances, our team presents our clients with thoughtful analysis, varied options, and recommendations. We then work with our client to develop a strategy that addresses their expectations and respects their decision on how to proceed.
Where litigation will be required, certain analyses should be implemented prior to filing the complaint. Do you name the client? Do you proceed as a John Doe complaint? Where do you file? Can you file under seal?
An important decision will also be whether to name other parties. Should someone inadvertently name the wrong party that may enjoy immunity, the complaint and lawsuit coould push away a valuable resource.
In many cases of content published online, the identity of the publisher will not be known. In this case, the litigation will pursue an unknown individual for purposes of determining his or her identity. This requires knwoledge of litigation tactics and the technical background to analyze information obtained from content hosts, Internet Service providers, and other third parties.
Our firm possesses the experience and knowledge to provide our clients with reasoned approaches to content published about them.