E-Discovery Company Revives Defamation Suit Over Glassdoor Posts
Wednesday, August 2, 2017
Posted by: ACEDS Marketing Team
Extract from Ross Todd's article "E-Discovery Company Revives Defamation Suit Over Glassdoor Posts" posted on therecorder.com
SAN FRANCISCO—A state appellate court in California has revived a defamation lawsuit that software company ZL Technologies Inc. filed against the authors of critical posts on the anonymous job review website Glassdoor.com.
The ruling overturns a finding from the trial judge in Marin County Superior Court who declined to force Glassdoor Inc. to hand over the names of the anonymous posters after finding the reviews contained opinion statements protected under the First Amendment.
On Thursday, the First Appellate District found six of the seven reviews in question contained factual content that could be the subject of a defamation claim if proven false.
The decision on the whole is a victory for ZL Technologies of Milpitas, California, which provides electronic content archiving software used in eDiscovery, compliance and analytics.
Rivera wrote "the constitutional protections weigh in favor of requiring the plaintiff to make a prima facie evidentiary showing of the elements of defamation, including falsity, before disclosure of a defendant's identity can be compelled."But Justice Maria Rivera wrote the company and its lawyers must first prove the statements are false before it can enforce a subpoena asking Glassdoor to unmask the commenters at the trial court below.
ZL Technology's lawyer, Michael von Loewenfeldt at Kerr & Wagstaffe, said Monday that proving the posts include false statements will be an "extremely low hurdle."
Read the full article here