Anonymous Bloggers And The First Amendment: When And How Your Company Can Identify Its John Doe Defendants

Posted on July 25, 2011 by Sheppard Mullin

By Michelle Sherman

The exponential growth of the internet is also seeing an increase in the number of legal actions against “John Doe” defendants. John Doe is really synonymous with an anonymous speaker (blogger), who may be liable for claims such as copyright infringement, trademark infringement, or defamation. Fortunately, there is guidance from the courts so your company can increase its chances of identifying these anonymous bloggers, if necessary.
 

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Before You Hire That Online Reputation Manager, Consider Your Legal Alternatives

Posted on April 6, 2011 by Sheppard Mullin

By Michelle Sherman

“Sticks and stones may break my bones, but words will never hurt me.” Think again. No one wants their reputation, the name of their business, or their products dragged through the mud on the Internet. There are now web specialists called “online reputation managers,” who claim to manipulate Internet search results so the negative links will appear further down the list of results, and hopefully be missed. The lead story in the New York Times, Sunday Styles Section (April 3, 2011), “Erasing The Digital Past,” describes a few companies in this business, and their fee structures which can average from $5,000 to $10,000 a month for high level executives or celebrities, to $120 to $600 a year for run of the mill cases.
 

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Businesses May Have Some Legal Recourse For Anonymous Smear Campaigns On The Internet

Posted on November 16, 2010 by Sheppard Mullin

By Michelle Sherman

Businesses are using Facebook fan pages and interactive ad campaigns to market their products and services on social media. One sided banner ads are making room for advertising that is more engaged with consumers. With this exchange of information also comes the risk of negative comments being posted that could be damaging to the company's brand.
 

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Bloggers and Web Media Beware: You Can Be Sued For Defamation If You Change A Video Clip And Distort The Speaker's Original Message

Posted on September 10, 2010 by Sheppard Mullin

By Michelle Sherman

Everywhere we turn, someone is blogging about something. We have come to expect that we will get much of our news through one form of web media or another. Many people subscribe to a certain web sites because the posts are in line with how they view the world. They may want a perspective that is viewed as extremely liberal or conservative. Like mainstream newspapers, blogs are selling advertising space. Blog posts are also drawing national attention to people and issues.
 

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