Statements of pure opinion are not actionable as defamation, as they do not imply facts capable of being proven true or false. Qureshi v. St. Barnabas Hosp. Ctr., 430 F. Supp. 2d 279, 288 (S.D.N.Y. 2006); Cochran v. NYP Holdings,
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Entertainment and Media News
When Gossip Becomes Defamation: Liability for Rumors and Their Ripple Effects
In the age of group chats and rumor mills, telling even one person a damaging rumor can unleash consequences far beyond the intent of the original conversation. But when does gossip cross the legal line?
A recent decision out of…
The Libel-Proof Plaintiff
Who can’t recover for defamation even though they may have been libeled?
The libel-proof plaintiff.
The “libel-proof plaintiff” doctrine provides an independent ground for dismissing a defamation cause of action on the basis that a person with a widespread reputation…
To Be or Not to Be…Discoverable: Third-Party Litigation Funders

Should California courts permit litigants to conduct discovery into litigation funding, namely whether a third party is funding their adversary’s litigation efforts?
Certainly, parties defending a case will want to know, “Who are we really litigating against, and what are…
California Supreme Court Finds Parties Cannot Contract Away Liability for Willful Injury
On April 24, 2025, the California Supreme Court held that contract clauses that limit damages for injuries caused by willful tortious conduct are prohibited by Section 1668 of the California Civil Code.
New York District Court Confirms Limits of Copyright Protection Regarding Historical Events
On March 6, 2025, the U.S. District Court for the Southern District of New York confirmed that historical events are not subject to copyright protection.
This is true even if the events were discovered through original research. In Ackerman v.
SEC Staff Says Meme Coins Are Not Securities
When meme coins—crypto tokens that usually do not purport to have any utility but are often just a single digital image of a dog, frog, or celebrity—began to be popularized, many skeptics thought that they were a joke, primarily because…
U.S. Supreme Court Decision Prohibits Plaintiff Recovery of Attorney’s Fees After a Preliminary Injunction Win

On February 25, 2025, the United States Supreme Court held that plaintiffs who obtain a preliminary injunction are not eligible for attorney’s fees under 42 U.S.C. § 1988(b) because they do not qualify as “prevailing parties.” See Lackey v. Stinnie…
Judge Rejects Fair Use Defense in Thomson Reuters’ AI Copyright Suit Against Ross Intelligence
On February 11, 2025, Judge Stephanos Bibas issued an opinion in Thomson Reuters Enterprise Centre GMBH v. Ross Intelligence Inc., civ. no. 1:20-cv-613, a dispute regarding copyright infringement allegations stemming from the use of copyrighted data from the Westlaw legal database…
Communicating in a Crisis: Tips for Protecting Communications When It Matters Most
Introduction
As recent high-profile litigation, government investigations, and large-scale data-security incidents have shown, organizations are often thrust into crisis mode, requiring rapid responses and close collaboration with third parties, such as public relations consultants, crisis management teams, and forensic accountants…