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#ActualMalice: you've heard us say it probably a m

#ActualMalice: you've heard us say it probably a million times now, but do you know why it is a critical element of #defamation as a public figure?

Black’s Law Dictionary defines actual malice as the deliberate intent to commit an injury, as evidenced by external circumstances.

It is when the person attempting to defame another, has the knowledge that a statement is false, or acts with reckless disregard about whether the statement is true.

To recover for defamation, a plaintiff who is a public official or public figure must overcome the defendant’s qualified privilege by providing the defendant’s actual malice.

And for certain other types of claims, a plaintiff must prove actual malice to recover presumed or punitive damages.

So what does that formal definition of actual malice mean in plain English? Actual malice is when someone lies, on purpose, to hurt another person so when famous people sue over lies, they must prove that the defendants fibbed on purpose.

If you're being defamed, contact RM Warner Law today to see how an experienced #defamationlawyer can help you achieve justice!

#DidYouKnow that there are different degrees of #d

#DidYouKnow that there are different degrees of #defamation? #Defamationperse is anything that is damaging on its face without further explanation.

This includes accusations of committing a crime for which the person will be indicted or charged, any insinuation that the person has a communicable disease that could be spread to another person with contact, inferring that the person is not capable of performing his or her job when they are capable is deemed as actionable.

And lastly, what #AmberHeard has accused #JohnnyDepp of, indications that a person was unchaste or engaged in sexual misconduct- or other acts of moral ineptitude.

This means that the #johnnydepptrial holds an even higher level of scruitany since the alleged false statement is so inherently damaging that damages are presumed to exist from the mere fact that it was made.

Luckily for Johnny, depending on the circumstances, #Virginia can decide to impose criminal consequences against a defamer if they have commited defamation per se.

If you've been defamed, don't wait any longer to get in touch with a #defamationlawyer from RM Warner Law! Click the link in our bio to schedule a consultation today.

In case you didn't know, the #johnnydepptrial is b

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.

Contact RM Warner Law today by clicking the link in our bio to schedule a consultation today to see how we can help you obtain justice to the fullest extent.

As we've said before, in the U.S. the defamatory s

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.

We help clients all over the globe so click the link in our bio to schedule a consultation today!

raeesesq said it best: #JohnnyDepp and #AmberHeard

raeesesq said it best: #JohnnyDepp and #AmberHeard have shown more of the unknown consequences of a #defamationlawsuit that many tend to forget, the most prevelent consequence being your loss of a personal life.

However, this shouldn't deter you from seeking justice if you're experiencing #defamation first hand.

An experienced and knowledgeable #defamationlawyer, like one from RM Warner Law, will be able to help keep your private life private by only allowing material evidence to be admitted.

Although a #defamationtrial will often bring out the skeltons from your closet, not all of your dirty laundry needs to be exposed in the processed.

Are the potential consequences of a lawsuit still not justifying the means? Not to worry, RM Warner Law has experience handling a #defamationcase outside of court.

Our lawyers have experience handling matters by way of alternative dispute resolution (#ADR) through #mediation and #arbitration.

If you're in need of #legalassistance, contact RM Warner Law today by clicking the link in our bio! A talented #defamationattorney of ours will walk you through the legal process and help YOU find a solution that you're comfortable with.

We've talked about how public figures, like #Johnn

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.

If you're experiencing #defamation, don't wait any longer to get in contact with an experienced #defamationlawyer from RM Warner Law! Click the link in our bio to schedule a consultation today!

theprettymess (Erika Jayne) got a crucial point ri

theprettymess (Erika Jayne) got a crucial point right that many #entrepenuers forget, and that is the importance of discipline. You don't make it 11 seasons on #RHOBH without some discipline and dedication! 😜

Discipline is a key characteristic in a succesful #businessowner, #influencer, and #contentcreator. Aside from the discipline it takes to run a business, you also need to be disciplined and well-versed in the legalities of your niche.

You could be a great influencer, but be totally unware of #influencermarketing FTC guidelines which could result in a hefty fine if found in violation, and potentially harm your reputation.

Or you could be a business practicing #affiliatemarketing while being completely unaware that the FTC holds business owners responsible for their affiliates actions (yes, that means YOU can be fined for your influencer or affiliate violating FTC guidelines as well).

Contact RM Warner Law today to get in touch with a #businesslawyer, #influencerlawyer or #advertisinglawyer today by clicking the link in our bio!

#DidYouKnow that #cyberharassment is punishable in

#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.

Your next step should be to contact RM Warner Law! A #cyberharassmentlawyer will be able to walk you through the steps to justice, and help you obtain it. Click the link in our bio to schedule a consultation now!

The Federal Trade Commission has made its position

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.

For more information on #adlaw, #affiliatemarketing, #influencermarketing, and the legalities behind them, click the link in our bio to visit our #legalblog or to schedule a consultation with a #businesslawyer today!

#Digitalmarketers should be well versed in the imp

#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.

Contact an RM Warner #internetattorney today for help starting, and protecting, your own business by clicking the link in our bio!

RM Warner Law has extensive experience with #reput

RM Warner Law has extensive experience with #reputationmanagement by winning countless #defamationlawsuits so we know how hard it can be to protect your reputation, let alone how hard it can be to build it back up.

If you've experienced #defamation, #productdisparagement, #fakereviews or are being #cyberharassed then your next step should be clicking the link in our bio to get in touch with an #internetlawyer and #defamationlawyer from RM Warner.

Don't allow others to ruin your hard work, and don't leave it up to chance that everything will work out. Building an #ecommercebrand or launching your own #smallbusiness is a labor of love.

Protect what you love by calling RM Warner today to speak with a #businesslawyer, #ecommercelawyer, and more. (866) 570-8585

Unfortunately, #copyrightissues on the Internet ar

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.

If you're experiencing #intellectualpropertytheft, contact an RM Warner #intellectualpropertylawyer today by clicking the link in our bio! Our attorneys are experienced in #iplaw, #trademarklaw, #defamationlaw, #businesslaw, and more!

When starting a business, whether it is an #ecomme

Are you an #eSportsathlete or a popular #streamer

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.

Music is just one of the many issues streamers can face in the eyes of the law and intellectual property rights so contact RM Warner today to get in touch with an #internetlawyer and #esportslawyer by clicking the link in our bio!

#DidYouKnow that the federal government governs ad

#DidYouKnow that the federal government governs advertising through its federal authorities? The #FederalTradeCommission (#FTC), established by the Federal Trade Commission Act of 1914, is the chief regulatory authority for advertising in the US.

The FTC develops and maintains policies and guidelines concerning the advertising industry. Antitrust, truth-in-advertising and consumer protection are among the slew of laws enforced by the FTC.

In 1998, in response to the rise in advertising targeting children, #Congress passed the Children’s Online Privacy Protection Act (COPPA) that became effective in 2000.

COPPA protects the privacy of pre-teens and, among other things, makes it mandatory for websites to require parental consent for the collection and use of their personal data.

Children are a particularly vulnerable group when it comes to advertising, which is why the FTC fines so much for #COPPA violations.

If you're starting an #ecommercebrand, #onlinebusiness, or simply an #influencer participating in #branddeals, it is crucial that you contact an #internetlawyer as soon as possible.

An RM Warner #coppalawyer will ensure that you're business is following FTC guidelines so you don't get hit with a multi-thousand dollar fine. Contact us today by clicking the link in our bio!

A majority of internet users experience #cyberhara

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.

An RM Warner #internetlawyer will go over all your options with you to ensure you have the best chance at receiving justice. Contact us today by clicking the link in our bio.

#DidYouKnow that #Yelp has a system implemented to

#DidYouKnow that #Yelp has a system implemented to deter unfair business practices, such as leaving fake reviews or being compensated for a biased review?

#YelpElite reviewers are verified members of the site who are supposed to be more trustworthy than ordinary users.

However according to recent reports, some are selling their reviews to businesses around the country via Facebook groups.

Furthermore, Yelp has come out and stated that they do report the companies involved to the FTC to ensure #fairmarketingpractices and #FTCguidelines are being followed.

If you suspect your competition to be engaging in unfair business practices or you’ve received an influx of fake reviews, contact an RM Warner #defamationlawyer and #businesslawyer today by clicking the link in our bio.

Receiving reviews is common occurrences when opera

Internet trolls, anonymous keyboard warriors, and

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.

Get in touch with RM Warner Law today!
(866) 570-8585

#BreakingNews: #Vans files a lawsuit against #Tyga

#BreakingNews: #Vans files a lawsuit against #Tyga's MSCHF collaboration for "blatantly committing trademark infringement".

#MSCHF is the same company that got into a legal battle with Nike last year over #LilNasX's shoes- however, this time it is because Vans alleges that the shoe, #WavyBaby, is a "surreal, warped version of Van's classic Old Skool sneaker".

Apparently someone needs to give MSCHF a refresher on the #lanhamact and #trademarklaw, because they've had quiet a few lawsuits now.

If you're launching a #brandcollab or your own product, hire a #trademarkattorney to review EVERYTHING.

An RM Warner #trademarklawyer will ensure that you don't get slapped with a lawsuit, violate trademark laws, and receive a restraining order like some famous rappers.

Contact RM Warner today by clicking the link in our bio to schedule a consultation!

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