Daniel R Warner

UPDATE FROM JURY: Jury asked if the verdict form was referring to #AmberHeard's entire OpEd or just the headline. Amber Heard previously spoke on this, stating, “I spoke up against s3xu@l violence -- and faced our culture's wrath. That has to change."

During the #JohnnyDeppVsAmberHeardTrial, the jury did hear Amber say that she experienced SA by #JohnnyDepp using a bottle...so there's that. 

However, the #johnnydepptrial jury is likely considering whether there's any evidence (and EVIDENCE is the key word we, and the jury, are looking at here) that Amber was SA by #Depp, which the jury will invariably answer in the NEGATIVE.

UPDATE FROM JURY: Jury asked if the verdict form was referring to #AmberHeard's entire OpEd or just the headline. Amber Heard previously spoke on this, stating, “I spoke up against s3xu@l violence -- and faced our culture's wrath. That has to change."

During the #JohnnyDeppVsAmberHeardTrial, the jury did hear Amber say that she experienced SA by #JohnnyDepp using a bottle...so there's that. 

However, the #johnnydepptrial jury is likely considering whether there's any evidence (and EVIDENCE is the key word we, and the jury, are looking at here) that Amber was SA by #Depp, which the jury will invariably answer in the NEGATIVE.

Are you an #eSportsathlete or a popular #streamer on #Twitch? If so, this post is for you! Although being a streamer sounds like it's all fun and games, the reality is where there’s money to be made, there’s often legalities in place.

Understanding esports and the law as well as how legal issues can arise in the eSports community can help you avoid them in your own career and set yourself up for success.

As eSports involves #IntellectualProperty that players do not own, there is a fine line that streamers need to operate under in order to avoid #intellectualpropertylawsuits (or #iplawsuits).

As one of the top streaming platforms, Twitch has very strict rules and regulations when it comes to copyright and #royaltyissues which is why it is critical that you pay attention to the music you play while streaming.

If you are a #Twitchstreamer and want to know what kind of music you can play without catching a lawsuit, the answer is simple: Royalty free music!

Many streamers have lost their channels and following for not using royalty free music. Don’t risk your channel, and more importantly your reputation.

Unfortunately, #copyrightissues on the Internet are much bigger issues today than ever before, especially with so many people ripping off #contentcreators on social media.

However, the U.S. government created specific laws that websites and platforms must abide by to curb this behavior, and thus the DMCA was born.

#DMCA stands for the Digital Millennium Copyright Act, and it can get your stolen work removed from websites.

If you're a victim of #copyrightinfringement, you the option to send a DMCA notice to the third-party website or Internet service provider displaying the content. This frequently results in the third-party website or Internet service provider taking down the content.

As explained in our #legalinfographic, a DMCA notice is a written demand that informs an Internet service provider, web host, search engine, or company that they are hosting content that infringes on a copyright. The service provider is exempted from liability for infringement, if and only if, the service provider complies with the steps in the DMCA rules under #section230.

#Digitalmarketers should be well versed in the importance of #DotComDisclosures, however if you're just launching your own #ecommercebrand or #smallbusiness, then you might not even know what a 'dot com disclosure' even is.

The #FTC has a dot com disclosure guide which is used to describe the information businesses should consider as they develop online ads and promotional campaigns, including social media marketing initiatives.

Or, in less formal speech: it’s the online marketing rule book created by the nation’s “consumer watchdog”, and violations can run in the millions so we complied the top 4 things to look out for when creating your own disclosure.

Remember to place disclosures close to the things they’re referencing and understandable. Don't hide disclosures (or links to disclosures)- this goes for your #termsandconditions as well. Lastly, monitor your #affiliatemarketing! If you use affiliates to market your product or service, you’re responsible for monitoring their actions to ensure FTC compliance.

The Federal Trade Commission has made its position crystal clear: Brands and marketers are responsible for affiliates’ actions. Full stop. No excuses.

The #FTC’s stance raises a fundamental #onlinemarketing legal question: How are businesses supposed to monitor every single one of their #affiliates — especially brands with thousands of them?

Luckily, commissioners aren’t regulatory robots lacking all common sense. They do understand that businesses can’t babysit affiliates on a daily basis.

In the FTC’s words: "It’s unrealistic to expect you to be aware of every single statement made by a member of your network. But it’s up to you to make a reasonable effort to know what participants in your network are saying."

Word to the wise: You don’t want the FTC sniffing around your operation. The investigation process can be a headache – not to mention the negative effect it could have on cash flow and sales.

#DidYouKnow that #cyberharassment is punishable in #newjersey? We've talked before about how there are no federal laws on #cyberbullying, and how some states still don't have specific cyberbullying laws, but cyber harassment is a whole other story.

There are some federal laws regarding acts considered as cyber harassment, such as #cyberstalking, but none as in depth as New Jersey's blanket #cyberharassment law.

Although based in #Arizona, we handle cases in all 50 states and can help clients from all over country. If you're experiencing cyber harassment in New Jersey, here's what to do next:

Gather proof! The harassment must come from the defendant via the internet, social media, or other electronic means of communication who had the sole intent to harass. Lastly, the harassment must include a threat to person or property, to commit a crime, or involved lewd, indecent or obscene material.

Side note: in New Jersey, they also have provisions depending on your age as well as your relationship with the harasser/harassed, so your cyber harassment charge could evolve into a multitude of charges.

We've talked about how public figures, like #JohnnyDepp and #AmberHeard, must prove #actualmalice in a #defamationlawsuit, but we haven't touched on an important aspect private citizens must prove in a #defamationtrial.

A plaintiff will have to prove the defendant acted with #negligence. This can be done by showing that the defendant did not act with a reasonable level of care in publishing the statement in question.

In layman's terms, this means that the defendant did not do everything reasonably necessary to determine whether the statement was true- this includes: researching, editing, and fact checking their work.

In case you didn't know, the #johnnydepptrial is being held in #fairfaxVA, and if you remember we've talked before about how #defamationlaw varies state to state so it might not come as a surprise to find out that Virginia is one of the hardest states to win a #defamationlawsuit if you're a public figure.

However, #JohnnyDepp has done a fantastic job at proving #actualmalice by explaining, not only how, but WHY #AmberHeard would want to cause him intentional harm.

We've also talked about how defamation is a #civiltort so no criminal consequences will be imposed upon the guilty party. However, in some cases in Virginia, the person that has been “defamed” can even submit the statements to the police for criminal charges.

So yes, that means if #AmberHeardIsGuilty then she could be facing criminal charges since the Virginia statute states that actionable statements must cause harm that is brought to the person that prevents them from working or harms his or her professional reputation.

If there is one thing you take away from this situation, it should be how nuanced #defamationlaw is, and how critical it is that you have an experienced #defamationlawyer who is knowledgable in your state laws.

As we've said before, in the U.S. the defamatory statement had to cause you some type of harm in order for you to seek justice, however, in the U.K. the requirements are even more basic.

The statement in question must identify or refer to the claimant, neither of which happened in #AmberHeard's original op-ed- and although the op-ed was written and published in the United States, the Sun reported on it.

Further more, the Sun reported on an op-ed that did not explicity state Johnny Depp's name- HOWEVER, the op-ed was (and still is) of major public interest of millions around the globe.

Not only was the Sun not privy to the knowledge of (potential) defamation prior to commenting on it (making them unaware and in the clear accoridng to Reg. 19 of the 2002 EC Directive in the UK), BUT they also are protected under the UK defense of #reynoldsprivilege.

Lastly, careful research and responible behavior is rather subjective to the eye of the beholder so the decision to dispense the jury in favor of a judge made that subjective decision the monumental deciding factor and decreased Johnny's odds in having someone see his side.

This situation is the perfect example of why hiring an experienced and knowledgable #defamationlawyer is key.

A RM Warner #defamationattorney will make sure to fight for your right to a fair trial, regardless of the state or country you reside in, and will come prepared with the knowledge of that territory's laws so you're protected no matter the region.

A majority of internet users experience #cyberharassment at some point in their life, but if you're an #influencer chances are this happens more often than not.

Online harassment, or cyber harassment, is the act of sending threatening or harassing emails, instant messages, social media posts, blog entries, or other online communication aimed at humiliating and tormenting someone.

The law offers you a fighting chance when dealing with online harassment. Justice may be served in numerous scenarios, especially when it pertains to threats of violence or the posting of nonconsensual explicit images of you.

Aside from contacting an RM Warner #cyberbullyinglawyer or #cyberharassmentlawyer, you also have the option to file a #defamationlawsuit if it has caused emotional and psychological harm, damaged your reputation, or affected your earning capacity.

However, it is important to note that there is a difference between harassment and defamation -- and sometimes harassment can be criminal.

#DidYouKnow that each state has it's own unique set of laws specifically to address #defamation?

That's right! What may be acceptable in one state, can be a big no-no in another. That is also why we see such drastically different outcomes with each #defamationlawsuit that becomes publicized.

Just because one case is a slam dunk for #defamation in one place, does not mean it will hold the same weight in another state.

Knowing the laws that are specific to your state is critical, especially when trying to protect (or defend) yourself.

Internet trolls, anonymous keyboard warriors, and competitors aren't the only people who will pray (and plot) on your downfall.

It's often said that the road to success is a lonely one, and that is because success, whether it is your own or someone else's impacting you, reveals a new side to everyone.

Becoming successful, whether that's as a #tiktokinfluencer, launching your own #ecommercebrand or stepping into the spotlight as an up-and-coming actor, is a hard path to venture down.

There is jealousy, competition, and sometimes out right sabotage when attempting to climb to stardom, but with the right team of people, you'll be fine.

That's why you should give RM Warner Law a call. You'll never go wrong with picking us to be apart of your team.

Our knowledgeable, experienced firm is home to #defamationlawyers, #businesslawyers, #ecommercelawyers, and #internetlawyers alike who will help protect you when people reveal their true colors.

#Defamation is one of our most popular case matters, and although many people think of celebrities or public figures as susceptible to this problem, they often forget that they are too.

You don't have to start your own #ecommercebrand to get defamed, just like you don't have to be in a hit motion picture to get ridiculed. It can happen to anyone, and that is the scariest part.

A good example of this happening to someone who is not in the public eye, would be when college students get falsely accused of crimes or extreme prejudice causing them to lose admission or their scholarship.

#Defamationlawsuits can be daunting, but they don't have to be, and in fact you can take certain preventative measures, like the ones we outlined here, to help prevent the worst case scenario from even happening in the first place.

#SLAPP lawsuits are used for the purpose to censor, intimidate, and silence those who criticize them through the burdening cost of legal assistance.

Since #SLAPPlawsuits are filed in an effort to prevent others from disagreeing or critiquing a powerful or wealthy individuals actions, #antiSLAPPlaws were created to deter this from happening.

Hence why anti-SLAPP laws are often used in a #defamaionlawsuit defense. Anti-SLAPP laws allow the prevailing defendants to potentially win attorney's fees for being "SLAPPed".

#antiSLAPP laws were also created in hopes of stop frivolous lawsuits.

Unfortunately however, as we’ve seen before, sometimes anti-SLAPP laws will not be retroactively applied with each new revision or inclusion of said laws once a lawsuit has already started (see our TikTok on #Kesha and #DrLuke entitled “TikTok on the Clock: When Will Court be Over?”)

#FunFactFriday: hiring a social media attorney to help along the path of becoming an #influencer is key to successfully avoid being #canceled.

An RM Warner Law #influencerlawyer will review endorsement contracts to ensure there are clear outlined expectations from the get-go, protect your intellectual property (like an original #tiktokdance or #hashtag), ensure you're following regulatory compliance (that means the #FTC and #advertisinglaw), and protect you from liability claims.

To paraphrase #spiderman, or rather Uncle Ben, 'With great influence comes great responsibility', and that includes be responsible for your own well-being.

If you are searching for a social media attorney to help protect you from fines and litigation, contact us at RM Warner Law.

The #madhatter isn't the only one considering things that start with the letter 'M' lately, and even though #actualmalice starts with an 'A', we won't be the Queen of Hearts over it.

Actual malice MUST be proven when suing a celebrity or public figure for defamation. This is in part to help deter frivolous lawsuits while also ensuring people in positions of power can still be held accountable for any ACTUAL wrongdoings.

One of the biggest hurdles in a #defamationsuit, especially one so publicized, for public figures is proving actual malice.

#JohnnyDepp has made it clear throughout his $50 million dollar #defamationlawsuit against #AmberHeard, that he believe Heard acted out of actual malice, knowingly publishing false statements about him in order to further her career.

Although we won't be commenting on which side we're supporting, we will say that Johnny Depp's legal team, in our opinion, jumped the hurdle of actual malice with ease.