How to Bring and Defend a Defamation Lawsuit in New Jersey
Category: On Demand
Member Price: $184
Non-Member Price: $230
Areas of Law: For All Attorneys
| NJ CLE: | NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 2.4 hours of total CLE credit (Full Credits Available: NJ General: 2.4). |
| NY CLE (t&nt): | NY Professional Practice Transitional: 2.0 |
| PA CLE: | PA Substantive Credit: 2.0
New: No PACLE fee is required for this program. To earn PA CLE credits, a valid PA Bar ID number must be entered into the CLE form provided after attending the program. |
Keynote
Moderator
- Bruce S. Rosen, Esq.
- Member of the Committee on Attorney Advertising
Pashman Stein Walder Hayden, P.C., Hackensackis a Partner in Pashman Stein Walder Hayden, P.C. in Hackensack, New Jersey. He has been a media lawyer for more than 25 years, following a career as an award-winning newspaper reporter and editor. He has been associated with high-profile First Amendment litigations related to free speech, media law (including defamation, access to courts and open public records) and religious freedom. More recently, Mr. Rosen has been involved with crisis management, web defamation, workplace privacy, appropriation of image and data theft. He also represents public corporate clients as well as individuals who own and/or manage private businesses, and has extensive experience in complex and standard commercial litigation, including employment litigation and counseling, environmental law and insurance coverage, business disputes, class action defense and public-school issues, as well as web defamation, workplace privacy, appropriation of image and data theft.
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nMr. Rosen is admitted to practice in New Jersey, New York and the District of Columbia, and before the United States District Court for the District of New Jersey and the Eastern, Northern, and Southern Districts of New York; the United States Court of Appeals for the Second and Third Circuits; and the United States Supreme Court. A Fellow of the American Bar Foundation, he is a member of the New Jersey Supreme Court Committee on Attorney Advertising, the Association of the Federal Bar of New Jersey, the Association of Criminal Defense Lawyers-NJ and the Editorial Board of the New Jersey Law Journal. Mr. Rosen is a founding member of the New Jersey Media Lawyers Association, has been a member of the Defense Counsel Section of the Media Law Resource Center and is Past Chair of the Media Law Committee of the New Jersey State Bar Association. He is a former member of the New Jersey Supreme Court Criminal Practice Committee and serves on the United States District Court Criminal Justice Act Panel.
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nProfessor Rosen has been an adjunct professor of Law and Mass Communications for Rutgers University School of Law-Newark since 2003. His articles have appeared in the New Jersey Lawyer, the New Jersey Law Journal and other publications, and he has lectured for a number of organizations and CLE providers.
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nProfessor Rosen received his B.S. from Georgetown University School of Foreign Service and his J.D. from Seton Hall University School of Law, where he served as an editor of the Seton Hall Legislative Journal. He clerked for the Honorable H. Lee Sarokin, United States District Court for the District of New Jersey, in Newark, New Jersey.
Presenters
- CJ Griffin, Esq.
- Pashman Stein Walder Hayden, P.C., Hackensack
- Zachary D. Wellbrock, Esq.
- Anselmi & Carvelli, LLP, Morristown
Defamation can occur when a false statement made about someone harms their reputation. However, suing over defamatory comments – whether in business reviews, media reports or private messages – can be a minefield for unwary practitioners. Not all harmful or false statements constitute actionable defamation, as privileges and recent changes in the law require far more specificity in pleading. Unlike many other areas of law, defamation involves a mixture of common law, constitutional law and statutory law. So, how exactly do you litigate a defamation case?
Join this esteemed panel to better understand defamation law in New Jersey. Whether you think your client may have been defamed, are preparing to defend your client against a claim of defamation, or simply want a better understanding of how the law works, this seminar will provide insight into how to navigate this difficult and sometimes arcane law in New Jersey.
Topics include:
- The elements of defamation
- Neuwirth v. State and the new pleading requirements for actual malice
- How the new Anti-SLAPP law makes public defamation cases more difficult
- How to know when you can bring a successful defamation claim
- Privileges and opinion: why some defamation cannot be litigated
- Enjoining defamation: shoveling sand against the sea
- Proving damages without presuming damages
- The Petro-Lubricant issue: the statute of limitations and republication