Practice Areas

Defamation & Invasion of Privacy Defense

Thomas & LoCicero is dedicated to protecting our clients' speech. This includes providing counsel in all areas of media law. We strive to make sure our clients do not get sued, but even the most conscientious media companies are sued over the content of the publications and broadcasts. The attorneys at Thomas & LoCicero vigorously protect our clients from defamation, invasion of privacy, and other content-related claims.

Defamation:

Our attorneys have been at the forefront of defamation litigation for decades. There are numerous procedural protections, substantive standards, and privileges that protect media defendants against defamation claims. Being well-versed in these areas is essential to our clients. In many cases we have avoided a costly trial for our clients by prevailing on a dispositive motion that resolves the case. However, even when a case must go to trial, our attorneys are experienced litigators. We understand the special issues faced by media defendants in jury trials and vigilantly defend our clients' content.

Invasion of Privacy:

Litigation over content can also focus on whether a publication or broadcast has caused an invasion of privacy. Our attorneys are experienced in handling all types of invasion of privacy claims, including public disclosure of private facts, intrusion upon seclusion, misappropriation, and false light.

We represented the producers of the motion picture The Perfect Storm in the seminal Florida case on misappropriation. The Florida Supreme Court definitively interpreted Florida's misappropriation statute to apply only to the use of name or likeness when attached to an advertisement or commercial product.

We also are leaders in the ever-changing area of false light invasion of privacy. False light invasion of privacy generally mirrors defamation and for years was treated the same way. However, Florida law has recently changed and provided a loophole for litigants to try to avoid procedural, substantive, and constitutional protections for speech. Our attorneys have been working to make sure that our clients' content is afforded full constitutional protection, and we have prevailed in false light litigation on both dispositive motions and jury trials.

Content-Related Claims:

As all media companies are keenly aware, there are a variety of avenues plaintiffs use to sue over the content of a publication or broadcast. We have successfully defended other content-related claims, such as breach of promise of confidentiality and infliction of emotional distress. Creative plaintiffs will often attempt to re-name a defamation claim as another tort to sidestep the important procedural and substantive protections afforded defamation defendants. Regardless of how the tort is named, Thomas & LoCicero will defend your speech and make sure it is afforded the important procedural, substantive, and constitutional protections it deserves.

Contact us to schedule a consultation about your defamation defense or privacy case.