Tuesday, July 27, 2010 2:04:51 PM
LIBEL (second attempt)
if i was an officer of ipwg, i would first fire the legal team and then i would fire who ever put out the press release. here is why:
the press release contained this statement: "For that reason, in recent days there has been a flurry of wildly misleading and libelous e-mails regarding the Company, its Board and outside advisors, none of which have any merit whatsoever."
unfortunately, it is not libel to receive an e-mail with any kind of false statement. it is only libel (possibly) if the e-mail was sent to a third party (someone other than the person defamed) and the e-mail contained false information. what third party received this e-mail? can anyone produce it here? and does it contain false information? if ipwg, et al, disseminated the e-mail to another party, that also would not be libel because ipwg was responsible for the dissemination.
However, this statement from the press release has a much better chance of qualifying as libel:
“"We also have been threatened, including personally, by Messrs. Gildea and Sweeney, but rest assured we will not be cowered in our defense of the interests of our shareholders...”
ipwg is clearly responsible for dissemination of this message to third parties (people reading the press release), and now they may have to prove that they were threatened. if they cannot prove they were threatened, they are on record as to making a false statement.
In my opinion, ipwg has dug themselves deeper on this one and I would not be surprised if they are served with a legal suit in the near future as there appears to be good grounds for a claim.
if i was an officer of ipwg, i would first fire the legal team and then i would fire who ever put out the press release. here is why:
the press release contained this statement: "For that reason, in recent days there has been a flurry of wildly misleading and libelous e-mails regarding the Company, its Board and outside advisors, none of which have any merit whatsoever."
unfortunately, it is not libel to receive an e-mail with any kind of false statement. it is only libel (possibly) if the e-mail was sent to a third party (someone other than the person defamed) and the e-mail contained false information. what third party received this e-mail? can anyone produce it here? and does it contain false information? if ipwg, et al, disseminated the e-mail to another party, that also would not be libel because ipwg was responsible for the dissemination.
However, this statement from the press release has a much better chance of qualifying as libel:
“"We also have been threatened, including personally, by Messrs. Gildea and Sweeney, but rest assured we will not be cowered in our defense of the interests of our shareholders...”
ipwg is clearly responsible for dissemination of this message to third parties (people reading the press release), and now they may have to prove that they were threatened. if they cannot prove they were threatened, they are on record as to making a false statement.
In my opinion, ipwg has dug themselves deeper on this one and I would not be surprised if they are served with a legal suit in the near future as there appears to be good grounds for a claim.
