Wielding the Sharp Tool of a Defamation Action to Protect Business and Personal Reputations

Ohio State Law Journal, Forthcoming

13 Pages Posted: 21 Jun 2024

See all articles by T. Markus Funk, PhD

T. Markus Funk, PhD

University of Colorado School of Law; University of Oxford

Daniel Graham

Perkins Coie LLP

Date Written: June 13, 2024

Abstract

You are your reputation.  A good one is a prized possession for businesses and individuals alike.  And, as with most valuable assets, what takes years to build may take only a day or a few keystrokes to destroy.

Particularly in today’s digital era, the impact of a false accusation or unfair negative assertion can be disastrous.  The damage quickly and intensely escalates as information spreads like wildfire through social media and online platforms.  When a competitor, customer, or other party libels (makes false written remarks about) or slanders (makes harmful spoken remarks about) you or your business, the damage can be just as devastating since it is virtually impossible to undo.

Fortunately, the law provides ways to fight back, minimize future damage, and, to some extent, undo past harm done.  With the benefit of having both pursued and defended many defamation actions, we describe, in practical terms, the promise and pitfalls of defamation claims.  We also provide a roadmap for bringing a successful defamation action.

Suggested Citation

Funk, PhD, T. Markus and Graham, Daniel, Wielding the Sharp Tool of a Defamation Action to Protect Business and Personal Reputations (June 13, 2024). Ohio State Law Journal, Forthcoming, Available at SSRN: https://ssrn.com/abstract=4865516 or http://dx.doi.org/10.2139/ssrn.4865516

T. Markus Funk, PhD (Contact Author)

University of Colorado School of Law ( email )

401 UCB
Boulder, CO 80309
United States

University of Oxford ( email )

Mansfield Road
Oxford, Oxfordshire OX1 4AU
United Kingdom

Daniel Graham

Perkins Coie LLP ( email )

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