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RM Warner Law | Online, Marketing, Internet Business Law FirmRM Warner Law | Online, Marketing, Internet Business Law Firm
RM Warner Law | Online, Marketing, Internet Business Law FirmRM Warner Law | Online, Marketing, Internet Business Law Firm
  • Home
  • About Us
  • Meet The Team
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    • Defamation Law
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When it comes to #defamation, it is important to r When it comes to #defamation, it is important to remember not every rude, offensive, or false remark will justify a #defamationlawsuit. 

For it to be actionable, a statement must assert or imply a false fact about another person or business, which is why courts tend to look at the totality of the circumstances when making a #defamationofcharacter ruling, in addition to a set of arbitrary guidelines.

However, the key thing to remember is: the more a statement can be proven to be true or false the more likely it is to be a fact, and the more a statement is made with cautionary language, the clearer it becomes that the speaker is expressing their personal opinion.

Always remember to #thinkbeforeyoupost, and if you're ever unsure, just contact a #defamationlawyer, like Daniel Warner or Raees Mohamed from RM Warner Law, by clicking the link in our bio today!
There are many consequences to ghosting your lawye There are many consequences to ghosting your lawyer, but perhaps one of the worst? Having your dirty laundry potentially aired for the whole world to see. 

That’s right, if your lawyer can’t get in contact with you, specifically to let you know you’ve been dropped as a client, they can go before a judge to seek approval for “alternative means” of alerting you.

#KanyeWest’s (soon-to-be former) lawyers of #GreenbergTraurig had to do so themselves since the #rapper went as far as to “[deactivate] the phone number previously used to contact him,” the firm stated. However, the judge ruled against this request, stating they had not made “diligent efforts” to locate him, and suggested they hire a private investigator to do so.

This doesn’t mean that it couldn’t happen in other cases though! As Raees stated in the #reel, it is considered service under rule 4 in most jurisdictions so stay in continual communication with your lawyers!

Are you in need of a lawyer? Think we might be the right fit for you? Click the link in our bio today to speak with an experienced lawyer, like Daniel Warner or Raees Mohamed from RM Warner Law.
Musicians aren’t the only ones who can learn a l Musicians aren’t the only ones who can learn a lesson or two from #KanyeWest. If you’re an #influencer, this one’s for you! 

Your words matter and what you say, especially on the internet, can last forever and impact your success in the #business world. Once you become a #publicfigure, your reputation now, not only affects you, but those you do business- and yes, that even means your lawyer. 

As you can see from #Ye, even the most successful people can have trouble finding legal representation and business opportunities so it’s important to remember when outlandish or controversial statements are made, you risk no brand, business, or person wanting to associate with you.

So what can you do to prevent this? Check in with a #socialmedialawyer before making public statements. A #socialmediaattorney, like Daniel Warner or Raees Mohamed, will proofread your work, ensure you are safe from legal repercussions, and will caution you against anything that might harm your brand so click the link in our bio today to schedule a consultation.
There are many lessons you can learn from #KanyeWe There are many lessons you can learn from #KanyeWest, especially if you’re an aspiring musician. One of the most important lessons you can learn from him though, is what NOT to do when sampling music.

As a general rule, you cannot use someone else’s copyrighted material without their permission. This includes sampling, which is using a portion of someone else’s song in your own track. When done without proper permission, sampling can lead to a #copyrightinfringement lawsuit (just ask Kanye West).

There are a few ways to avoid such a lawsuit though. First, you can get permission from the #copyright holder to use the sample. This is usually done by negotiating a licensing agreement. Second, you can use a sample that has already been cleared for use. These are called “production music” or “library music.” Finally, you can use a sample that is considered to be in the public domain.

If you do decide to sample someone else’s song, be sure to do it carefully and consult with a #copyrightlawyer to avoid any legal trouble. Ready to speak with a #copyrightattorney, like Daniel Warner or Raees Mohamed from RM Warner Law? Click the link in our bio today!
Have you heard about #KanyeWest getting dropped by Have you heard about #KanyeWest getting dropped by his lawyers via newspaper ad? Crazy, right?! And that’s just one of the outlandish consequences that can happen due to poor communication.

Clear and concise communication with your lawyer is critical! It is vital to the success of your case. Your lawyer needs to be in continual communication with you in order to provide you with the best legal advice and representation possible. 

If you withhold information or fail to communicate effectively, you could jeopardize the outcome of your case. Remember: your lawyer is only as good as your communication. 

Ready to consult with a #businesslawyer? Click the link in our bio today to speak with a #businessattorney, like Daniel Warner or Raees Mohamed from RM Warner Law.
If you're thinking of filing a #defamationlawsuit, If you're thinking of filing a #defamationlawsuit, it's important you understand the #statuteoflimitations for #defamationcases. This is the time frame within which a plaintiff may file a #defamationcase. 

However, there is no common statute of limitations in the US for defamation cases, so the time frame differs from state to state. It generally ranges from one to three years though, with three years being the maximum period. 

There can be two exceptions to the statute of limitations though, as we stated in our #infographic. 

To see if these exceptions apply to your case, click the link in our bio today to speak with a #defamationlawyer, like Daniel Warner or Raees Mohamed from RM Warner Law.
Kanye West gets dropped by his lawyers, again, but Kanye West gets dropped by his lawyers, again, but in the saddest way for continuing to ghost them.  This time gt_law had enough of Ye's shenanigans of dodging the law firm. 

On 1/13 Kayne's former lawyers asked the New District Court Judge to grant the law firm a THIRD extension to personally serve Kanye West with the Court's Withdrawal Order. The lawsuit was filed by Ultra International Music Publishing, LLC over Kanye's sampling of a 1986 song, "Move Your Body" by Marshall Jefferson, which Ultra owns the rights to.  Allegedly, Kanye substantially sampled the song (22 times) in his song "Flowers" on his album "Donda 2", which is self-published. Usually, labels will ensure that all permissions needed from other artist for sampling their music are secured before a song is published -- oops---Kanye failed to do so, as alleged. 

Before a law firm can withdraw from active litigation, they must obtain the Judge's permission. This is particularly important when the law firm is withdrawing because of client-related issues instead of the client firing the law firm. In this case, Greenberg Traurig obtained an order to withdraw on November 30, 2022. Kanye is apparently not the best communicator -- he has refused to engage with his lawyers, prompting them to seek the Order in the first place. Therefore, his ex-lawyers have been unable to personally serve Kanye with the Order. The law says that Kanye has deactivated the phone that Kanye previously texted this lawyers from. The law firm hired a due diligence firm to find Kayne and personally serve him. They tried personally serving him at all of his known addressed (Hidden Hills, Calabasas, Malibu, La Palma, and the statutory agents for all of his companies. Greenberg Traurig is asking the Judge to allow service by publication in a newpaper ad because it will create substantial media-hype, resulting in sufficient notice. The Federal Rules of Civil Procedure, Rule 4(e)(1) allows lawyers to seek alternative means for serving legal papers.  With Court permission, this can include publication in a newspaper in the local jurisdiction there that party resides.  How sad.
#DidYouKnow there is such a thing as #defamation i #DidYouKnow there is such a thing as #defamation insurance? Well, if you followed the #johnnydeppamberheard #defamationcase, you probably did.

Remember when #AmberHeard decided to sue her insurance company #NewYorkMarine for $1 million? That was because they had allegedly failed to fulfill her policy payout. A liability policy she had purposely taken out to protect her in case she lost.

Why did it go wrong for her then? Her insurance company claimed since willful misconduct was found during their #defamationtrial, they didn't have to fulfill the policy. So before you take out a policy as #defamationlawsuit protection, make sure to read the fine print and consult with your insurance provider. 

For more help regarding #defamationlaw, click the link in our bio today to speak with #defamationlawyer Daniel Warner or Raees Mohamed from RM Warner Law.
#Defamation is an extremely nuanced area of law, e #Defamation is an extremely nuanced area of law, especially since so much depends on how the defamatory statement was communicated. 

Although #onlinedefamation and traditional media defamation share many similarities, one of the biggest contrasting differences is the #singlepublicationrule. 

Whether you knowingly defamed someone or you were simply trying to share some trending news, every time you publish the defamatory content online, you're adding another charge against you- at least in the state of Arizona.

So what does this mean? Be EXTREMELY cautious about what you post, especially if you're a #blogger or #influencer with a mass following. 

Not sure whether you could be held liable for posting about a certain topic? Consult with a #defamationlawyer, like Daniel Warner or Raees Mohamed from RM Warner Law, by clicking the link in our bio today!
So you've been accused of #defamation, but you did So you've been accused of #defamation, but you didn't realize what you were saying was defamatory in the first place. What can you do? Is a #defamationlawsuit inevitable? 

Not necessarily. Although, there are several potential #defamationdefenses (such as: the truth, opinion, qualified privilege, and absolute privilege), you may not even need to use one. 

Sometimes an apology (and a retraction) can go a long way- however, it is critical that you consult with a #defamationlawyer first. They will help you craft the perfect apology that ensures you won't accidentally get yourself into more legal trouble. 

Ready to speak with a #defamationattorney, like Daniel Warner or Raees Mohamed from RM Warner Law? Click the link in our bio today!
Due to the rise of the Internet, the number of onl Due to the rise of the Internet, the number of online #defamation lawsuits has skyrocketed, leaving many to wonder: can you be held liable for ruining a reputation by simply sharing a link?

Possibly! So, like we stated in the #infographic, it is best to play it safe and avoid linking to material that could be defamatory. Remember: the more salacious/outrageous the material, the greater the chance it’s defamatory.

But what if you operate a website where users can post or link to content? Well, as long as you were not aware of the content, you most likely won’t be held liable thanks to #Section230 of the #CommunicationsDecencyAct. That being said, if you, in some way, promote or highlight the defamatory content, Section 230 may not save you.

Have more #defamationlaw questions? Click the link in our bio today to speak with an experienced #defamationlawyer, like Daniel Warner or Raees Mohamed from RM Warner Law.
Reckless disregard is a term often used in #defama Reckless disregard is a term often used in #defamationlaw. It essentially means that the person who made the defamatory statement did so without caring whether or not it was true. 

This is different from simply making a mistake though, as the person making the statement must have had serious doubts regarding the validity of it or must have outright knew it was false. 

So why is this important? Because it allows a plaintiff to win a #defamationcase even if the defendant did not actually know that what they were saying was false. As long as the defendant was aware of the risks involved in making the statement and chose to ignore them, they can be held liable for #defamation.

Think you have grounds for a #defamationlawsuit? Click the link in our bio today to schedule a consultation with a #defamationlawyer, like Daniel Warner or Raees Mohamed from RM Warner Law.
A #trademark is a type of #intellectualproperty, b A #trademark is a type of #intellectualproperty, but, specifically, it’s a “word, phrase, logo or other graphic symbol used by a manufacturer or seller to distinguish its products from …others.” 

Some legal dictionaries consider trademarks “a commercial substitute for one’s signature, but, ultimately, the primary purpose of a trademark is to designate the source of a good or service.

Using your trademark in trade statewide or nationwide gives you automatic though limited protection, as the trademark is associated with your product or service. However, registering your trademark with the US Patent and Trademark Office will make it easier to defend your #trademarkrights in court.

Are you ready to file a #trademarkapplication? If so, click the link in our bio today to consult with an #intellectualpropertylawyer or #businesslawyer, like Daniel Warner or Raees Mohamed from RM Warner Law.
#MartinLutherKingJr once said, "Make a career of h #MartinLutherKingJr once said, "Make a career of humanity. Commit yourself to the noble struggle for equal rights. You will make a better person of yourself, a greater nation of your country, and a finer world to live in."

We, like him, believe in liberty and justice for all, which is why we take such a strong stand against #cyberharassment, #cyberbullying, and #defamation.

As we continue to fight for those who have fallen victim to such cruel acts, let us remember the great #MLK, and may we: "Never succumb to the temptation of bitterness."
Intellectual property torts are arguably the most Intellectual property torts are arguably the most litigated #unfaircompetition cases in the United States. 

But before you go filing a lawsuit for #intellectualpropertyinfringement, it's important to know whether or not you actually have a case. 

Although, your #onlinebusiness, and everything that constitutes it (logos, content, and branding), are your intellectual property, it is important to remember the 2 things outlined in the #infographic.

Bottom line though? just because you don't like what someone made, doesn't mean you can sue them, and even if you feel like someone is copying you, it doesn't necessarily mean they actually are. 

Feel like you have a case? Consult with an #intellectualpropertylawyer, like Daniel Warner or Raees Mohamed from RM Warner Law, by clicking the link in our bio.
When launching an #onlinebusiness, it's easy to su When launching an #onlinebusiness, it's easy to succumb to #intellectualproperty pitfalls, especially if this is your first time dipping your toes into the world of #ecommerce. 

Some of these pitfalls include using a name without doing proper research to ensure that no one has the same or similar mark, filing important #brandprotection applications by yourself, copying another brand's likeness, and using copyrighted photos without permission.

All of these pitfalls, and more, can easily be avoided by consulting with an experienced #businesslawyer, like Daniel Warner or Raees Mohamed from RM Warner Law. 

Start your business on a solid foundation. Click the link in our bio to speak with a #businessattorney today!
If you're a #creator working with others on your c If you're a #creator working with others on your creations, a #nondisclosureagreement (#NDA)—also known as a #confidentialityagreement—can protect your #intellectualproperty. 

NDAs are agreements in which signatories agree that certain information will remain a secret. Once an individual signs an NDA, they are legally prohibited from discussing information protected by the agreement with an unauthorized party. 

Agreements are legally binding and, as such, should be prepared with the input of an experienced #businessattorney.

Are you ready to consult with an experienced #businesslawyer, like Daniel Warner or Raees Mohamed from RM Warner Law? If so, click the link in our bio today to schedule a consultation.
What makes a #tradesecret a trade secret? Exact pa What makes a #tradesecret a trade secret? Exact parameters vary from jurisdiction to jurisdiction; but, typically, judges consider the 3 different aspects outlined in the #infographic above.

This means that for a court to side with a #tradesecretmisappropriation plaintiff, said plaintiff must prove that their “secret”: (1) has independent economic value; (2) is not capable of being readily ascertainable; (3) and is subject to reasonable privacy measures. 

You can ensure reasonable privacy measures have been taken by instating internal policies that restrict access to economically valuable information, logging visitors and accessed content, password protecting files, and by compartmentalizing key research and development.

Do you have a trade secrets legal issue? Get in touch with an RM Warner Law #businesslawyer, like Daniel Warner or Raees Mohamed, by clicking the link in our bio today!
#Advertisinglaw constitutes a complex pool of laws #Advertisinglaw constitutes a complex pool of laws and regulations that govern how, when, and where businesses and third parties connect with consumers through the use of advertisements. 

The #FTC maintains oversight of the advertising industry by developing policies and guidelines. These policies and guidelines require that ads be truthful, fair, and free of deception. 

So ask yourself: could the use of this celebrity image lead consumers to falsely believe that said celebrity is affiliated or works with your brand? If so, DON'T use the image.

Not sure if your #marketingstrategy complies with the FTC's guidelines? Click the link in our bio today to speak with an #advertisinglawyer, like Daniel Warner or Raees Mohamed from RM Warner Law.
Brand Protection strategies for 2023 MUST be part Brand Protection strategies for 2023 MUST be part of your business strategy this year. Don't wait until you have your first branding issues to speak with a lawyer. Listen to our tips to protect your brand now!  Brands and creators both need brand protection. So what are some key strategies? Give us a listen and ask your questions in the comments below!
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