In California, there is no one set of rules when it comes to defamation; it all depends on whether the individual who is claiming slander or libel is a public figure, or private figure, and whether the alleged lie that is being spread is a private or public matter.  As Los Angeles business litigation attorneys who deal with many issues regarding defamation involving private individuals and private matters, we want to educate business owners about the elements of libel and slander, a subject which is often highly misunderstood.

Many people believe that if they are simply repeating what another individual said, they are not responsible – but this is not true.  You can be sued for defamation regardless of whether you are the one who originally slandered someone else.  It is not a good idea to repeat any statement that another person tells you without investigating as to whether the statement is true, and even then it’s best to keep it to yourself.  Under California law, you must take “reasonable care” in determining whether a statement you repeat is in fact true or not.

The elements of defamation involving two parties who are private figures and which involve private matters are as follows:

The libelous statement must be made to someone other than the plaintiff.  If you tell an individual something that is not true about his or herself, it is not considered defamation; however, if you make a false statement (or tell a lie) about the plaintiff in a room or space where there are other people who hear it, it may be interpreted as defamation.

A slanderous statement must be clearly understood that it pertains to the plaintiff.  When you say something about someone in a vague manner, using a phrase such as “I’m not going to mention their name,” and the individual you are talking to has no idea who you are talking about, it is not defamation.  If, however, you are making a statement about someone in a vague manner as described above, but have literature or other identifying information you point to while making the slanderous statement, it may satisfy this element.

The statement you make about another individual must either injure that individual in his or her occupation, discourage others from associating with or dealing with that person, or expose the person to “contempt, shame, hatred, or ridicule.”  This is a critical element in determining whether you are guilty of defamation, as making a statement on its own without any of the above factors does not qualify as defamation.

Finally, the statement must be false in order for you to be found guilty of defamation.  Additionally, it must be proven that because of the false statement that was said in the presence of others, the plaintiff suffered some type of damage, whether to his or her profession, property, occupation, or business.

Libel and slander are areas of the law which are not clearly understood by most people.  If you are the victim of defamation, or have been accused of slander or libel, consult with the experienced and capable team of Los Angeles business lawyers at the Law Offices of Spotora & Associates.

As Los Angeles business attorneys who deal with many technology-related issues, we know that companies with a website or mobile app must provide a privacy policy that California residents who use your website can easily find if private information is collected from those visitors.  Without it, you could be facing huge fines.  In fact, companies that offer mobile apps so that smartphone and tablet users can more easily access their websites may face a fine of $2,500 every time a California user downloads a noncompliant app!

What is a privacy policy, exactly?

Basically, a privacy policy explains to users how their personal information such as name, address, email address, and other personally identifiable information may be used by the business owner.  While there is no federal law in place at this time which requires a business to make a privacy policy available, California does have a state law that requires businesses that collect personal information from residents to post this policy in a conspicuous place. This law, known as the CalOPPA (California Online Privacy Protection Act, was enacted in 2004 and actually goes beyond the state’s borders, considering there are California residents who may access websites anywhere in the world that collect personal data.

What must be contained in your privacy policy?  In order to be in compliance with state and FTC standards along with CalOPPA, the following should be addressed in your privacy policy:

Whether cookies are used, and the type of information recorded;

A clear outline of the personal information collected, and how this information is used, whether it is disclosed to third parties, and to whom;

How your server and online operations are kept secure;

How your visitors may opt out from having their information disclosed to third parties, and from receiving emails;

How users of your mobile app/website may review their personally identifiable information and make changes to that information;

The effective date of your privacy policy, and how users can learn of any material changes made to that policy; and

Whether personal information is collected from children who are younger than 13, and how parental consent is secured if so to be in compliance with the federal Children’s Online Privacy Protection Act.

While you may already have a privacy policy in place, most essential of all is that your company acts in accordance with the policy.  A deceptive privacy policy which does not accurately reflect the practices your company actually engages in can leave you facing prosecution by the Federal Trade Commission.  Lastly, your privacy policy should be written in a way that is clear and easy for the average individual to understand.

To ensure your privacy policy is clear and legally compliant, consider consulting with the Los Angeles business lawyers at Spotora & Associates.

As experienced Los Angeles divorce attorneys, we understand that divorce can be a life-altering experience, even for the spouse who chooses to go separate ways.  It isn’t easy; if you are a woman, you may decide to change your last name.  Moving on is easier said than done, considering moving to a new location, child custody in some cases, spousal support, and even taxes.  As the old saying goes, “Nothing in life is guaranteed except death and taxes.”

There are many questions when you are involved in a divorce, and probably the last thing you think about is taxes.  You can be sure the federal government won’t forget about taxes!  Regardless of what is going on in your life, they want their fair share.  When you are in the process of getting a divorce, the way you are taxed may change.  It’s a good idea to discuss your situation with your tax preparer, as depending on your situation it may be to your advantage to:

File as married but separate

File as an individual

File together as a married couple

When it comes to spousal and child support, there are some solid federal rules in place regarding taxes.  Whichever spouse receives child support, that support is tax-free.  You are not required to pay taxes on the money you receive for the support of your child.  However, the exact opposite is true of spousal support.  If you are the recipient of spousal support, you are required to pay taxes on that support.

What about the spouse who pays child support and/or spousal support?  If you are the payor of spousal support, this may be used as a deduction on your federal income tax return; however, if you pay child support, these payments may not be used as a deduction.  Which spouse gets to claim the child or children as a dependent when it comes time to file taxes?  The parent who provides at least 50% of the support for the child/children during the specific tax year in question.  This can usually be determined by which parent the child lives with the majority of the time, even if the time is almost evenly split and the child/children live with one parent 50.01% of the time.

Divorce is a sticky situation, and tax matters even stickier.  In order to move on with your life as quickly and smoothly as possible, it is to your advantage to discuss these matters with a skilled and reputable Los Angeles divorce lawyer at the Law Offices of Spotora & Associates.

As reputable Los Angeles employment lawyers, we know that in recent years, bullying has become one form of employee harassment or discrimination that is on track to move ahead of sexual harassment in the workplace in coming years.  We’ve all heard the stories on television regarding bullying in schools and even on social media platforms, but what’s happening in the workplace may not be as prominent in the news – and it’s taking place all the time.

Parents almost expect to have to protect their children from bullying at school these days, but most don’t expect to find it in their own workplaces.  Employers must be made aware that employees must be protected from this type of harassment just as vigorously as they are protected from sexual harassment.  Unfortunately, it’s not only co-workers participating in the bullying, but sometimes the employer. What constitutes bullying in the workplace?

• ŸSupervisors or co-workers verbally or physically abusing an employee
• ŸThreats, or physical/verbal intimidation made by co-workers or supervisors
• ŸTeasing, when it is relentless or unwelcome by the intended target
• ŸGossip, rumors, and bullying employees through social media sites

The Society for Human Resources conducted a survey which found that in the U.S., over 50% of workplaces have experienced incidents of bullying on the job, or have bullies employed.

Unfortunately, because of economic conditions and a shortage of jobs, many employees have put up with bullying.  However, as an employer there are steps you should take to not only protect your employees, but yourself as well.  Some companies have put anti-bullying polices in place that subject the individual who bully’s others to classes similar to anger management, reassignment, suspension, or even termination.

When it comes to your business, are you running a tight ship?  It is imperative that you put policies in place not only regarding sexual harassment, but bullying as well.  At the Law Offices of Spotora & Associates, we take a proactive stance in helping business owners minimize exposure to liability and litigation.  Our Los Angeles employment attorneys believe in taking preventive measures where employees and harassment are concerned.