Defamation and Trade Libel Exposure

Adam R. Bialek (Partner-New York, NY) and John P. Cahill (Associate-White Plains, NY) will present the Wilson Elser Forum webinar “Defamation and Trade Libel Exposure” on November 17, 2026. This session examines defamation and trade libel exposure in the digital age, focusing on online publishing, social media, review platforms, and brand communications. The program reviews the legal elements of libel, slander, and product disparagement; critical distinctions between statements of fact and opinion; the actual malice standard; and the per se categories that presume damages. Particular attention is given to how these doctrines apply in commercial contexts, including competitor disputes, negative online reviews, influencer campaigns, and corporate communications that may implicate rivals or their products. Also explored are key defenses and immunities, including Section 230 of the Communications Decency Act; truth/substantial truth, opinion, and rhetorical hyperbole; fair report privilege; and anti-SLAPP statutes. The presenters also address anonymous online speakers, cross-border jurisdictional disputes, and offer practical guidance for claims professionals on evaluating exposure and damages, retraction statutes, litigation privilege, and insurance coverage issues affecting claim severity and resolution.