Defamation In Litigation: A Primer On Privileges In NY

Law360 (October 9, 2018, 1:52 PM EDT) -- A typical civil complaint is filled with defamation: accusations of incompetence, fraud, assault, theft, infidelity, etc. Unless the case is filed under seal, every defamatory allegation is fair game for the press. Indeed, the plaintiff may court media coverage to ramp up the pressure on the defendant, and the defendant may respond in kind. Newsworthy cases are often fought not just in court but also in the press as well as on social media. Publicizing a lawsuit, or the threat of one, in this manner may be advisable for both business and strategic reasons, but it also increases the risk of...

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