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This is a "how to" book on taking and defending depositions in defamation and media cases which address newest trends and issues. One of these is the increasing incidence of non-defamation "privacy" claims being litigated to redress what has traditionally been known as defamation injuries. The authors also address the constantly evolving issues arising...
This is a "how to" book on taking and defending depositions in defamation and media cases which address newest trends and issues. One of these is the increasing incidence of non-defamation "privacy" claims being litigated to redress what has traditionally been known as defamation injuries. The authors also address the constantly evolving issues arising out of advances in technology, such as claims based on broadcasts over the Internet and use of surreptitious surveillance equipment or wiretaps in newsgathering. While these areas are new and emerging, the law and corresponding discovery under that law is often rooted in well-established constitutional standards governing defamation claims, newsgathering, free speech and freedom to prosecute or defend claims. Therefore, this book discusses both the old and the new to provide assistance to practitioners faced with the complexities in the interaction of the two. Given the complexity of the legal issues in defamation and privacy lawsuits, and the endless factual circumstances in which such claims may arise, no single book can address the myriad variations of important issues which may arise during discovery. The central message in this work, however, is that regardless of the specific facts relating to the claim and the particular legal elements applicable to the claim, deposition testimony may be the single most critical element of case preparation. Thoughtful use of the deposition process can result in pretrial rulings in favor of the defendant, on the one hand, or the development of strong evidence of potential liability of a defendant which can lead to a realistic settlement of the claim. Media Law Depositions includes actual depositions (Forms) conducted by the author from various topical areas of media law. Media Law Depositions will generate insight and understanding of some of the problems faced when conducting depositions; aid the practitioner in formulating solutions or approaches to the problems that confront him or her; and sharpen the practitioner s skills in gathering deposition testimony in general. The lawyer who understands the critical legal elements of the defamation or privacy claim and outlines a deposition strategy based upon that analysis will achieve the best outcome for his or her client. This book will assist in achieving that result.
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