A federal court of appeals has rejected the notion that “circulation” rather than “publication” of allegedly defamatory material online and through email distribution is sufficient to state a claim.
In late 2013/early 2014, financial publisher The Deal, LLC posted three articles on its subscriber-only website and also sent the articles in an email newsletter to its 700 subscribers. In 2017, Scottsdale Capital Advisors Corp. and its’ executive officer, John Hurry, filed a lawsuit in federal court in New Hampshire against The Deal and William Meagher, the writer, claiming that the articles were defamatory to the plaintiffs. None of the parties have ties to the state of New Hampshire and defendants filed a motion to dismiss for lack of personal jurisdiction. After allowing discovery on jurisdiction, the trial court granted the motion and dismissed the case.
On appeal, the First Circuit Court of Appeals affirmed the dismissal. In analyzing whether the plaintiffs could demonstrate defamation under New Hampshire law, the question became whether defendants had published the alleged defamatory content to a third party located in New Hampshire. The undisputed evidence was that the only subscriber located in the state was Dartmouth College and that no one from the college had accessed the defendants’ website. There was no evidence that the two individuals at Dartmouth had even opened defendants’ email newsletter. The court rejected plaintiffs’ argument that mere “circulation” of the articles satisfied the publication element.
The bottom line is that this court refused to establish a new or different standard for alleged online defamation. Review the federal appellate court decision here. Contact us at Ossian Law regarding any information technology law question.
Identifying and Addressing Risks of Connected Devices
Friday, April 13th — 4:00 – 5:00 PM
2018 D-Con Cybersecurity Conference
North Oakland ISSA
Baker College of Auburn Hills, 1500 University Drive, Auburn Hills, MI 48326
The convenience of an increasing number of smart devices in our professional and personal lives cannot be denied. Along with that convenience come security and privacy risks. Information Technology lawyer Kathy Ossian will identify risks, provide many examples and offer tips for both providers and users toward managing the risks.
Ossian Law P.C. 701 Woodward Heights, Ste. 117, Ferndale, MI 48220
In the age of brand tarnishment, social media impersonation and similar threats, policing your brand is more important than ever. Information Technology attorney Kathy Ossian will address ways to harmonize your organization’s branding with your social media and other online presence. Networking from 6:00-6:30 with presentation from 6:30 – 7:30. Complimentary admission. Includes heavy hors d’oeuvres. Space is limited so register here today!
Have a suggestion for a future IT Law Alert or presentation topic? Let us know here
The 2018 edition of “Social Media and the Law”, published by the Practising Law Institute, Kathryn Ossian, Managing Editor is now available. Read our press release here.
Following the hacking of a Jeep Cherokee during a staged experiment in 2015, Fiat Chrysler USA (FCA) recalled 1.4 million 2013-2015 vehicles. The incident also prompted the filing of a proposed class action lawsuit against FCA in an Illinois federal district court (Flynn case). More
Public interest in Bitcoin grows as the value of the cryptocurrency has increased of late. Some view cryptocurrency as the wave of the future; others consider trading in it a gamble. How do countries and other levels of government treat cryptocurrency?
In the United States, the Securities and Exchange Commission has filed charges against allegedly fraudulent offers for Bitcoin and questioned other public offerings of the cryptocurrency. States, including New York, New Hampshire and Washington, have passed laws regulating cryptocurrencies. Recently, several Florida agencies split nearly $1.7 million in Bitcoin funds that were seized from two men who stole them from the wallet of a now-defunct online marketplace used primarily to sell illegal drugs.
Other countries are also grappling with how to regulate Bitcoin. Argentina and India have issued official warnings. Russia and Malaysia are working on regulations. A few, like Namibia, have declared that purchases made with Bitcoin are illegal.
Personal delivery devices, or PDDs, have begun rolling along some cities’ streets, transporting carry-out from local restaurants and delivering parcels. Unlike flying drones that fall under the jurisdiction of the Federal Aviation Administration, there is no basis for federal jurisdiction over these devices, sometimes referred to as “ground drones.” More
For many years, the Federal Trade Commission (FTC) has maintained a national “do-not-call” registry of telephone numbers of individuals and organizations that do not to receive unsolicited marketing calls. Recently, the FTC obtained a $2.7 million judgment from a U.S. District Court in California against Aaron Michael Jones and several companies he operated, including Data World Technologies, Inc., Digital Marketing Solutions, Inc. and Velocity Information Corp. More
Kathy Ossian is one of GreeningDetroit.com’s attorneys and counselors at law. Kathy is Founder and CEO of Ossian Law, P.C., a firm focused exclusively on Information Technology Law. Kathy is a former Senior Principal at Miller Canfield where she headed up the firm’s Information Technology & Cyberlaw Section. Kathy has almost 30 years of legal experience and over 16 years of Information Technology law expertise.
Kathy is an Advanced Certified Faculty Member at University of Phoenix where she teaches graduate and undergraduate business law courses. A long time Best Lawyer in America and Michigan Super Lawyer in information technology law, Kathy is a frequent author and speaker on the information technology law topics of the day.
Since 1913, Plunkett Cooney has kept pace with Michigan’s evolving business landscape by offering traditional legal services with timely, practical advice on legal trends and new technology that position their clients for success.
Our attorneys are dedicated to obtaining the right results for their clients whether in the boardroom or the courtroom. They represent numerous clients in the emerging technology industry, including alternative and renewable energy companies, telecommunications providers and transportation companies.
We have been at the forefront of Michigan’s effort to attract and retain green companies, and we are dedicated to internal green initiatives such as recycling, energy efficient technology implementation and employee awareness campaigns. Our attorneys are well versed in such areas as LEED certification of green buildings, Brownfield redevelopment, environmental law, zoning and land use, carbon emission tracking and reporting, tax credits, and more.
Beyond legal advocacy, our attorneys also work to integrate their clients into the green industry through our firm’s extensive network of contacts and knowledge of programs and projects throughout the state. Like all businesses, green companies need traditional legal representation, and Plunkett Cooney provides an array of additional legal services customized to your needs.
Contact Senior Attorney Saulius Mikalonis (248) 901-4022 to learn how Plunkett Cooney can plug into your business.