On-Demand Video
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Defamation Libel & Slander 2024


  • City:
  • Start Date:2024-03-12 05:00:00
  • End Date:
  • Length:
  • Level:Intermediate
  • Topics:Litigation

$179.00 ProPass

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Credit States Status Credits Earn credit until

This program is eligible for 2 hours of CLE credit, including .5 hours of ethics, in 60-minute states. In 50-minute states, this program is eligible for 2.4 hours of CLE credit, including .6 ethics. Credit hours are estimated and are subject to each state’s approval and credit rounding rules.

Overview

This course focuses on defamation law, with a spotlight on defamation in the context of political speech and high-profile litigation. The law around defamation seeks to balance First Amendment expression against the reputational rights of individuals, issues that have been heavily in the spotlight in connection with the wave of defamation litigation arising out of the 2020 presidential election. Registrants will gain an understanding of the legal principles and contemporary issues surrounding defamation, legislative efforts to limit meritless defamation lawsuits, and ethical issues surrounding trial publicity by litigation counsel. 

Defamation Basics

  • Discuss the elements of a defamation claim and common defenses
  • Explore the balance between free speech rights and the protection of reputation
  • Highlight practical realities when litigating defamation claims

Recent High-Profile Defamation Litigation

  • Discuss notable cases from around the country arising out of political speech and examine application of defamation elements and defenses to those cases
  • Explore implications for future political speech, in light of the upcoming election season

Anti-SLAPP ("Strategic Lawsuit Against Public Participation") Statutes

  • Discuss history of anti-SLAPP statutes as a counter to meritless defamation lawsuits about speech on public issues
  • Examine basic principles, various legislative approaches, and case examples

Ethical Considerations around Trial Publicity

  • Examine ethical responsibilities and challenges that arise when lawyers speak publicly about cases


Recorded in March 2024.

Faculty

Michael Berry, Esq.

Mr. Berry is a partner in the Philadelphia office of Ballard Spahr LLP, where he represents news, entertainment, and other media clients in defamation and privacy suits, accessing government and court records, defending reporters who are subpoenaed, and advising clients on newsgathering and other First Amendment matters. He has litigated cases for media clients in jurisdictions around the country, from Pennsylvania, New Jersey, and New York to Florida, California, and the Virgin Islands. Mr. Berry currently serves on the boards of the Media Law Resource Center Institute and Pennsylvanians for Modern Courts, is co-chair of the Pennsylvania Bar Association’s Bar-Press Committee, and is an ex officio member of the board of Spotlight PA. He is a Phi Beta Kappa graduate of Emory University and holds a master’s degree in public policy from Duke University. He attended the University of North Carolina School of Law, where he graduated with highest honors and served as Editor in Chief of the North Carolina Law Review. Previously, Mr. Berry worked on Capitol Hill for the late Senator Paul D. Coverdell, R-Ga., and as a law clerk to the Honorable David B. Sentelle on the U.S. Court of Appeals for the D.C. Circuit.

Marcel S. Pratt, Esq.

Marcel S. Pratt is the Managing Partner of the firm’s Philadelphia office. His practice focuses on commercial litigation, antitrust and competition law, product liability, class actions, investigations, and government relations. He also leads the firm’s Crisis Management Team.Marcel previously served as the City Solicitor of Philadelphia, the City’s highest-ranking lawyer and leader of its 330-member Law Department, which represented the City in all litigation, transactional, regulatory, and legislative matters. In that role, Marcel personally represented the City in highly publicized appellate and trial court matters and acted as general counsel to the Mayor, City Council, and all City departments, boards, and commissions.Marcel is a litigator who represents clients in high-stakes matters and investigations. He has successfully represented clients in matters involving multibillion-dollar antitrust claims and has counseled clients on antitrust compliance and the implications of mergers and acquisitions. He has also represented clients in a range of breach-of-contract, product liability, and class action litigation. He has advised clients responding to criminal and regulatory investigations by federal and state authorities and has conducted highly sensitive internal investigations for private and governmental entities. He regularly advises clients on government relations, public policy strategies, and crisis management.


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