Corporate Defamation Lawyer
Experienced Legal Counsel for Corporate Defamation Lawsuits
False accusations and other false statements can cause significant reputational harm for businesses of all sizes. When facing harm to a company’s business reputation, a swift and forceful response can be vital for avoiding additional financial losses. Our defamation lawyers handle cases involving all forms of libel and slander against businesses, and we have extensive experience protecting our clients’ interests both in and out of court. Our clients range from local businesses to large corporations, and we have the resources and capabilities required to handle corporate defamation cases across the country.
In today’s world, defamatory statements can spread quickly on social media, and this can magnify the adverse consequences for businesses targeted with false accusations and other false statements of fact. In many cases, news reports covering defamatory statements can magnify the harm to targeted businesses’ reputations and finances as well. Even if the defamatory statements are ultimately proven to be untrue, regaining the public’s trust and recovering the business’s financial losses can take time. This makes it vital for targeted businesses to pursue corporate defamation lawsuits in many cases.
We Handle All Types of Corporate Defamation Matters
At Oberheiden P.C., we pursue business defamation claims on behalf of companies that have been unfairly targeted. Each of the corporate defamation attorneys at our law firm has extensive experience representing clients both in and out of court. If your company is facing harm to its reputation and financial losses as a result of defamatory statements made by a competitor, a former employee, or another third party, we can help protect your company’s interests, but it is important that you contact us promptly.
Our services in business defamation cases include:
Corporate Defamation Investigations
If your company is facing reputational harm and financial losses due to defamatory statements made by a third party, our attorneys can conduct an investigation to identify the third party (or parties) responsible for publishing false statements about your company. We can also work with your company to gather evidence that proves that the statements in question are false.
Falsity is one of the essential elements of a valid claim for business defamation. Truth is an absolute defense to defamation claims; and, when pursuing defamation claims, it is up to the companies seeking injunctive relief and other remedies to prove that these remedies are warranted.
Corporate Defamation Claims
When an investigation confirms that a business defamation claim is warranted, we then shift our focus to protecting our clients’ interests by all means available. In many cases, it will make sense to pursue business defamation claims informally—at least initially. If the party that made the false statement at issue did so with reckless disregard for its falsity and did not realize how it would negatively impact your business, it may be possible to secure a satisfactory resolution without going to court. Our lawyers work to secure favorable settlements for our clients when it makes sense to do so—and, if this is the most cost-effective means of resolution for your business, this is the outcome we will pursue.
With that said, when facing reputational harm, it is important to act quickly. The longer false statements remain publicized without an adequate response, the more harm they will cause. So, while we target confidential settlements when it is in our clients’ best interests to do so, we are also fully prepared to litigate our clients’ business defamation claims and pursue litigation when necessary. Temporary injunctive relief is available in appropriate cases; and, if it makes sense to file a lawsuit, our lawyers can go to court and seek emergency relief under applicable law immediately.
Corporate Defamation Cases in State and Federal Court
Our lawyers are available to handle corporate defamation litigation in state and federal court. If filing a lawsuit is the best option for protecting your company’s reputation and seeking to recover its losses, we can use the available evidence to seek all appropriate remedies in the appropriate venue.
When filing a defamation lawsuit, it is important to proactively address the defenses your company is likely to face in court. In corporate defamation cases, defendants may attempt to assert several defenses, including:
- The allegedly defamatory statement constitutes protected speech under the First Amendment.
- The allegedly defamatory statement was not false (i.e., it was either demonstrably true or a statement of opinion).
- The plaintiff has failed to state a cause of action for business defamation under applicable law.
- The plaintiff cannot prove damages resulting from the allegedly defamatory statement.
- A reasonable person would have known that the statement in question was false.
Defendants may assert lack of “actual malice” as a defense to defamation allegations as well. However, in business defamation cases, lack of actual malice is not a complete defense, but rather a defense to presumed damages (this differs from the standards that apply in cases involving public figures). If the defendant made the false statement negligently, this is enough to substantiate a defamation claim under the law.
Our lawyers are familiar with these defense strategies, and we rely on thorough documentation to prove that our clients are entitled to appropriate remedies. Depending on the circumstances, appropriate remedies may include injunctive relief, specific performance (i.e., a retraction and correction), and damages.
Corporate Defamation and First Amendment Litigation
As noted above, one potential defense to corporate defamation claims is that the allegedly false statement at issue is protected as free speech under the First Amendment. If the defendant communicated the statement at issue in compliance with the requirements for First Amendment protection, then a business defamation claim is unwarranted.
However, this defense strategy may fail for several reasons. For example, while it may protect the disclosure of confidential or sensitive information against a business’s wishes (in the absence of confidentiality or other protections), it generally will not protect false statements that cause reputational harm. If your business is dealing with the consequences of libel or slander and the liable party is seeking to evade responsibility on First Amendment grounds, our defamation lawyers can respond appropriately.
Put our highly experienced team on your side
Dr. Nick Oberheiden
Founder
Attorney-at-Law
Lynette S. Byrd
Former DOJ Trial Attorney
Partner
Brian J. Kuester
Former U.S. Attorney
Hon. Kevin McCarthy
55th Speaker, U.S. House of Representatives (ret.)
Government Consultant
Mike Pompeo
Of Counsel
Former U.S. Secretary of State
John W. Sellers
Former Senior DOJ Trial Attorney
Linda Julin McNamara
Federal Appeals Attorney
Nicholas B. Johnson
Former Prosecutor
Roger Bach
Former Special Agent (DOJ)
Chris J. Quick
Former Special Agent (FBI & IRS-CI)
Michael S. Koslow
Former Supervisory Special Agent (DOD-OIG)
Ray Yuen
Former Supervisory Special Agent (FBI)
FAQs: Corporate Defamation Claims in the U.S.
How Does Defamation Law Apply to Corporate Entities and Other Businesses?
Defamation law protects corporate entities and other businesses in much the same way that it protects individuals. If a third party makes a false statement about a business that harms the business’s reputation, the business can seek appropriate remedies under the law. While there are some important differences (i.e., regarding the relevance of actual malice and the availability of presumed damages), these differences do not fundamentally impact businesses’ ability to seek redress for losses resulting from defamatory statements.
What Constitutes Business Defamation?
Any false statement, whether oral or written, that causes harm to a business’s reputation can constitute business defamation. This includes, but is by no means limited to, false statements regarding companies’ products or services, their financial standing, the conduct of their officers or executives, or the legality of their business practices.
What is the Difference Between Libel and Slander in a Corporate Defamation Case (and Why Does It Matter)?
In a corporate defamation case, libel refers to a written false statement about the business, while slander refers to an oral false statement about the business. Ultimately, whether your business is dealing with libel or slander, it has the same fundamental legal rights and options. While the distinction between libel and slander used to provide a decent system for differentiating between different types of defamation claims, in today’s world—where defamation claims frequently involve online media—this distinction is often not as pertinent as it used to be.
When Should I Contact a Corporate Defamation Attorney?
If your company is facing losses as a result of a third party’s publication of false or misleading information, you should contact a corporate defamation attorney promptly. As soon as you establish an attorney-client relationship, your company’s attorney will be able to take action to mitigate your company’s losses and seek appropriate remedies through informal negotiations or in court if necessary.
Are Punitive Damages Available in Corporate Defamation Cases?
Punitive damages are available in some corporate defamation cases, but not others. If your company has grounds to pursue defamation litigation, our attorneys can determine whether a claim for punitive damages is warranted under the circumstances at hand. Generally, punitive damages are available in cases involving intentional and particularly egregious conduct. For example, if an individual or business with a large social media presence knowingly made false and damaging statements about your company or one of its owners or executives with the intent of causing significant reputational and financial harm, this is an example of a scenario in which a claim for punitive damages may be warranted.
Contact the Corporate Defamation Lawyers at Oberheiden P.C.
If you need to speak with a lawyer about protecting your company’s interests in response to defamatory content, we encourage you to contact us promptly. To speak with one of our senior lawyers in confidence as soon as possible, please call 888-680-1745 or request a complimentary consultation online today.
