By Todd McMurtry | Published September 15, 2021 | Posted in Intellectual Property | Tagged Tags: anti-SLAPP, defamation | Comments Off on How Can an Anti-SLAPP Statute Affect a Defamation Claim?
How Can an Anti-SLAPP Statute Affect a Defamation Claim?
Wealthy companies and individuals rarely welcome news reporting and other commentary critical of the way they go about their business. In fact, they will sometimes go to great lengths to silence their critics and opponents. One of the ways they do this is by filing a strategic lawsuit against public participation — or SLAPP suit Read More
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When Can a Personal Representative of an Estate be Held Personally Liable?
A personal representative is someone charged with handling the administration of a decedent’s estate, whether as an executor under a will or as a court-appointed administrator if the decedent had no will. The personal representative must carry out his or her role in accordance with Kentucky law. In certain circumstances, failure to adhere to relevant Read More
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Do CGL Insurance Policies Cover Copyright Infringement Claims?
In the digital age, intellectual property holders have become increasingly aggressive in litigating against anyone believed to have unlawfully used copyrighted material. If you are engaged in any activities that could possibly be viewed as infringement, you need to be sure that your commercial general liability insurance policy provides adequate coverage. That, in turn, depends Read More
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How Independent Contractors Can Secure and Protect Copyright Interests in Works Made for Hire
In general, the creator of a work — whether it is musical, verbal, visual, digital or another form — is entitled to the copyright. However, federal law makes exceptions for “works made for hire.” These are works created by employees during the course of their employment or by independent contractors. In those cases, the employer Read More
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Can an At-Will Employee Be Fired for Engaging in a Political Protest?
Most people have strong opinions regarding politics — and sometimes the topic can be difficult to avoid in the workplace. If you express your views at your job or by participating in a political protest, you may be wondering if you can be legally terminated by your employer in retaliation. Although the First Amendment provides Read More
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Does the President Have the Legal Authority to Cancel Student Loans by Executive Order?
One of the biggest issues faced by the Biden Administration is the nation’s student loan crisis. Congressional leaders and various organizations are calling on President Biden to cancel up to $50,000 in student loans per borrower by executive order. Biden supports the idea in principle but questions whether he has the legal authority to take Read More
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How to Serve Legal Process Upon a Foreign Individual or Entity
Correct service of process is a basic and vital part of initiating a lawsuit. In American jurisprudence, courts need to know that defendants have received actual notice of the existence of lawsuits filed against them. Service of process on a foreign person or entity can be complicated but must be completed properly or the plaintiff Read More
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How to Determine the Strength of Your Company’s Claim for Defamation
Defamation is a common law tort that can be directed at a person, business, a business owner or employees of a company. The defamatory statement can be written (libel) or spoken (slander). In order to be considered defamation, it must be a false statement of fact, not an opinion, about the business entity or one Read More
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Kentucky Supreme Court Upholds Governor’s Power to Order COVID-19 Lockdowns but Legislators Balk
On November 12, 2020, the Kentucky Supreme Court rendered a unanimous decision that upheld executive orders and regulations issued by Governor Andy Beshear in response to the COVID-19 pandemic, finding them a legitimate use of the governor’s executive authority that did not violate the Kentucky Constitution. However, the decision has prompted a legislative backlash that Read More
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The Right of Shareholders to Inspect Corporate Records
Shareholders have common law and statutory rights to inspect and copy the records and books of corporations and limited liability companies (LLCs). These rights exist so that shareholders are able to ascertain whether corporate management is being properly conducted and so that they have accurate information when voting on corporate issues. These rights don’t often Read More
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