#daniel warner

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.

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.