Retractions, Corrections or Clarifications

 

• Recently, Mr. Kaufman successfully represented a client demanding the takedown of certain false and defamatory material posted on an Internet blog. The material was taken down one day after a cease-and-desist demand had been sent to the blogger.

• Mr. Kaufman recently represented a client concerned about a possible mention in a nonfiction trade book. After communications with the author and the publisher’s in-house legal department, the matter was successfully resolved.

• The firm is currently seeking the retraction or correction of a false and defamatory article published by a leading newspaper.

• The firm has recently been retained to consider the possibility of a retraction or correction demand directed at a local newspaper.

• The firm was retained to seek the correction of an article by a nationally-circulated publication that contained a false and injurious implication about our client. In less than a day, the firm was able to obtain an offer from the publisher to revise and update the article in a fashion that would expressly remove the contested implication.

• Mr. Kaufman authored an article “Corrections or Clarifications of Media Publications, in Lieu of Costly Defamation Litigation,in the 21st Century” (February 15, 2015) examining the benefits of seeking timely corrections or clarifications, in lieu of defamation litigation. The article focuses on the rarely considered Uniform Correction or Clarification of Defamation Act (UCCDA), approved by the National Conference of Commissioners on Uniform State Laws in 1993 and the House of Delegates of the American Bar Association in 1994. Although the UCCDA has not been widely adopted legislatively, Mr. Kaufman argues that its goals substantially enhance the potential for rapid and relatively inexpensive rehabilitation of reputation – especially in this new age of online publications and archives that are well-suited to permanently correct or clarify the record of any false or defamatory publications.

• Obtained on behalf of a client a correction from a leading tabloid newspaper. Most recently, sought to have the corrected article removed from the newspaper’s online archive.

• Obtained on behalf of a client an author’s agreement to delete an unproven, defamatory rumor from a manuscript scheduled for release by a leading book publisher.

• Recently obtained on behalf of a client corrections of erroneous statements on the websites of two leading newspapers.