Jonathan Granick Jonathan Granick

Dominion vs. Fox News Lawsuit - What Happened?

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Dominion Voting Systems, a voting machine company, sued Fox News in March 2021 for defamation, alleging that the network had spread false and defamatory claims about the company's role in the 2020 election. The lawsuit sought $1.6 billion in damages.

The lawsuit stemmed from a series of on-air appearances by Fox News hosts and guests who allegedly made false claims about Dominion's voting machines, including that the machines were rigged to “steal” the election for Joe Biden. Dominion argued that these claims were knowingly false and had damaged the company's reputation and business.

Fox News denied the allegations and fought the lawsuit. In December 2021, a Delaware judge ruled that Dominion had met its burden of proving that the claims made by Fox News were false. However, the judge also ruled that Fox News could still argue that its statements were protected by the First Amendment.

The case was set to go to trial in April 2023, and just days before the trial was scheduled to begin, Fox News and Dominion reached a settlement. Under the terms of the settlement, Fox News agreed to pay Dominion $787.5 million.

The settlement was a major victory for Dominion, which had been fighting to clear its name and protect its business. The settlement also sent a message to other media outlets that they could be held accountable for spreading false and defamatory information.

The elements the plaintiff must prove to prevail in a lawsuit for defamation are:

  • A false statement of fact about the plaintiff.

  • The statement was published to a third party.

  • The statement caused the plaintiff to suffer harm, such as damage to their reputation or financial loss.

In some cases, the plaintiff may not need to prove that they suffered harm if the statement falls into a category of defamation per se, such as a statement that the plaintiff committed a serious crime or has a loathsome disease. If the plaintiff can prove all of these elements, they may be able to recover damages from the defendant. The amount of damages will depend on the severity of the harm caused by the statement. It is important to note that defamation is a complex area of law, and the specific requirements for proving defamation may vary from state to state. If you believe that you have been defamed, it is important to speak with an attorney to discuss your legal options.

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Jonathan Granick Jonathan Granick

Why companies need reputation lawyers and crisis management.

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We’re asked a lot, why does our company need a reputation lawyer or crisis management partner? The first part of the answer is you don’t know — until you need to know — and then it’s probably late in the game. In today's digital age, a company's reputation is more important than ever before. A single negative news story or social media post can have a devastating impact on a company's bottom line. That's why it's so important for companies to have a plan in place before negative press occurs.

A reputation lawyer is a lawyer who focuses on protecting and rebuilding a company's reputation. They can help companies respond to crises, manage negative publicity, and develop strategies to improve their reputation.

There are many reasons why companies need a reputation lawyer. Here are just a few:

  • Protect their reputation from negative publicity. In today's world, it's easy for a company's reputation to be damaged by negative publicity. A reputation lawyer can help companies respond to negative publicity quickly and effectively, minimizing the damage to their reputation.

  • Manage crises. No company is immune to crises. When a crisis does happen, a reputation lawyer can help companies manage the crisis and protect their reputation.

  • Develop strategies to improve their reputation. A reputation lawyer can help companies develop strategies to improve their reputation. This could include things like launching a public relations campaign, creating a social media presence, or giving back to the community.

  • Research shows that 63% of company value is driven by reputation.

If you're a company that cares about its reputation, then you may want to engage with a reputation lawyer. A reputation lawyer can help you protect your reputation from negative publicity, manage crises, and develop strategies to improve your reputation.

Here are some additional benefits of engaging with a reputation lawyer:

  • Reputation lawyers have a deep understanding of the law and how it applies to reputation management. They can help you navigate the legal landscape and protect your company from potential lawsuits.

  • Reputation lawyers have a network of contacts in the media, government, and other key industries. They can use these contacts to get your story out there and build positive relationships with key stakeholders.

  • Reputation lawyers have experience working with companies in a variety of industries. They can bring this experience to bear to help you develop a customized reputation management plan that meets your specific needs.

A reputation lawyer can help you navigate the complex world of reputation management and protect your company from further harm. On a good day, you’re ahead of the crisis and work with a reputation attorney to enhance your brand, plus protect it from damage in the future.

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Jonathan Granick Jonathan Granick

Defamation Law

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Defamation law is a body of law that protects individuals and organizations from false and defamatory statements that are made in the media and other places. Defamation can take many forms, including libel (written statements) and slander (spoken statements).

To be considered defamatory, a statement must meet the following criteria (or in the legal profession, these are referred to as elements):

  • It must be false.

  • It must be about a person or organization.

  • It must be published to a third party.

  • It must cause harm to the person's or organization's reputation.

If a statement meets all of these criteria, the person or organization that was defamed can sue the person or organization that made the statement for damages.

There are a number of defenses that can be used to avoid liability for defamation. One common defense is that the statement was true. Another defense is that the statement was made with a qualified privilege, such as when the statement was made in the course of a judicial proceeding or when the statement was made to a government official.

Defamation law for media is a complex and ever-evolving field. If you are involved in the media, it is important to consult with an attorney to understand your rights and obligations under the law.

Here are some additional things to keep in mind about defamation law for media:

  • The First Amendment protects freedom of speech, but it does not protect false and defamatory statements.

  • The level of proof required to establish defamation varies from jurisdiction to jurisdiction.

  • The damages that can be awarded in a defamation lawsuit can be significant.

  • Defamation law is constantly evolving, so it is important to stay up-to-date on the latest developments.

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