Trends In Defamation Cases Involving Online Reviews

Law360, New York (November 27, 2013, 5:55 PM EST) -- Brand owners today face a constant challenge in monitoring their company’s online reputation and, where appropriate, responding to user comments and reviews. Usually, negative online feedback can be addressed through standard customer relations. Sometimes, though, a user review goes so far beyond the pale that the brand owner might consider suing the user, as well as the website where the comments are posted, for defamation.

In the past few months, several courts have considered how U.S. state and federal laws apply to these kinds of claims. The resulting decisions illustrate some of the barriers that companies face when suing over negative...

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