Our firm recently won a landmark victory in a closely watched defamation case before the New York Court of Appeals. In a case testing the limits of liability for Internet defamation claims based on websites and blogs, the Court dismissed a $20 million defamation claim against our clients, a New York City real estate agency, one of its officers and an employee, for liability arising out of an anonymous third-party's comments posted on a website operated by them. The Court agreed with our argument that the federal Communications Decency Act ("CDA") shielded our clients from liability for defamatory postings by third-parties on a website allegedly operated or administered by our clients. The Court further held that moving or re-publishing material created by others (even if defamatory) is a traditional editorial function and therefore immune from liability.

This decision is a major victory for website and blog operators because it provides protection against liability for content posted by third-party users on their websites or blogs, including those comments posted anonymously.

Partner Joseph D'Ambrosio and Associate Andrew Mandelbaum successfully represented the defendants in this matter.