If I have a loss to my business due to an article published can I sue it authors?

[se900se]

I was interviewed by a reporter, who misinterpreted my words, completely changed their meaning added some false information which ended up losing business for my company. More to that some private information was revealed on public.

Details: at the meeting with a reporter I clearly stated information that should not be revealed. Prior to article going live on the newspaper I have sent another email with the list of things that I not give consent to reveal, but when the article came out -- I saw all the information there + added lies on top.

I have email with the date, confirming that it was sent before article came out. I have email from other business confirming that they do not want to continue working with us due to an article and provided the article link.

I have contacted reporter and the newspaper itself, but they don't let me reach the editor all of them transfer me to their lawyer, who is very polite but on my request to take off information or at least edit it he responded that it can't be warranted. I have replied that I do not wish tot make things harder and take them further but they would live me no choice if what I ask won't happen. He told me to contact lawyer and ask the lawyer to send him instructions.

What can I really do to make them change article or if I can't do anything - can I sue them?
It's happening in New York, of course.

 

[Zigner]

I was interviewed by a reporter, who misinterpreted my words, completely changed their meaning added some false information which ended up losing business for my company. More to that some private information was revealed on public.

Details: at the meeting with a reporter I clearly stated information that should not be revealed. Prior to article going live on the newspaper I have sent another email with the list of things that I not give consent to reveal, but when the article came out -- I saw all the information there + added lies on top.

I have email with the date, confirming that it was sent before article came out. I have email from other business confirming that they do not want to continue working with us due to an article and provided the article link.

I have contacted reporter and the newspaper itself, but they don't let me reach the editor all of them transfer me to their lawyer, who is very polite but on my request to take off information or at least edit it he responded that it can't be warranted. I have replied that I do not wish tot make things harder and take them further but they would live me no choice if what I ask won't happen. He told me to contact lawyer and ask the lawyer to send him instructions.

What can I really do to make them change article or if I can't do anything - can I sue them?
It's happening in New York, of course.

Sure, but your case is going to be very costly and very complex. You WILL need an attorney. In fact, the advice to get an attorney is just about the only advice you should heed from the other side's attorney.

 

[se900se]

Sure, but your case is going to be very costly and very complex. You WILL need an attorney. In fact, the advice to get an attorney is just about the only advice you should heed from the other side's attorney.

Thank you for reply!

I am not talking to their attorney I sent a request to the authors including the attorney and this is email I got.

So loss - is a good reason to sue?
Can I sue them for the providing personal/private info on public?
Can my email that I provided prior to publication (where I gave list of the info I did not give consent to reveal) can be a proof?

What type of attorney should I look for?

 

[Zigner]

Thank you for reply!

I am not talking to their attorney I sent a request to the authors including the attorney and this is email I got.

So loss - is a good reason to sue?
Can I sue them for the providing personal/private info on public?
Can my email that I provided prior to publication (where I gave list of the info I did not give consent to reveal) can be a proof?

What type of attorney should I look for?

You do understand that this is likely going to cost you tens of thousands of dollars that you won't be able to recover in a lawsuit, right?

 

[eerelations]

Also, please note that anything you say to a reporter (or to anyone else for that matter) is no longer private.

 

[se900se]

You do understand that this is likely going to cost you tens of thousands of dollars that you won't be able to recover in a lawsuit, right?

I clearly stated that I am having loss to my business, if I can sue them by loss they should recover it, no?
Another thing is even if I have no chance to recover at least I can stop to loss more, so yes I understand.

 

[se900se]

Also, please note that anything you say to a reporter (or to anyone else for that matter) is no longer private.

Even if you tell someone 'i don't give my consent' and you have a record of that?

 

[Zigner]

I clearly stated that I am having loss to my business, if I can sue them by loss they should recover it, no?
Another thing is even if I have no chance to recover at least I can stop to loss more, so yes I understand.

If you are successful (which is highly unlikely), then you would be able to recover provable losses. You will not be able to recover attorney fees.

 

[Zigner]

Even if you tell someone 'i don't give my consent' and you have a record of that?

Darn that freedom of the press...

 

[se900se]

If you are successful (which is highly unlikely), then you would be able to recover provable losses. You will not be able to recover attorney fees.

what kind of lawyer should i look for?
i asked this question earlier, but i guess you missed it

 

[Zigner]

what kind of lawyer should i look for?
i asked this question earlier, but i guess you missed it

I didn't miss it. You should start by looking for a business law attorney - that attorney should either be able to help you or to steer you in the right direction. I suspect that, with a case such as this, you might be better off going to a law firm with many specialties, since your issues span several areas.

 

[TimStudiesLaw]

Even if you tell someone 'i don't give my consent' and you have a record of that?

You've obviously never seen an episode of 60 Minutes.

 

[eerelations]

Even if you tell someone 'i don't give my consent' and you have a record of that?

The fact that you talked about it is your consent and overrides anything else you might have said.

Anyway, why would you talk to a reporter about things you wanted kept private? Why didn't you just not talk about those things?

 

[eerelations]

I didn't miss it. You should start by looking for a business law attorney - that attorney should either be able to help you or to steer you in the right direction. I suspect that, with a case such as this, you might be better off going to a law firm with many specialties, since your issues span several areas.

And OP, as a reminder, this is going to cost you many many thousands of dollars.

 

[latigo]

If you expect any knowledgeable suggestions from this source, you will need to be more specific as to what you merely describe generally as the publication of "false information" concerning your business.

As it stands there is no way to voice an opinion as to whether or not the article was so disparaging as to reach the level of actionable defamation/libel.

Also, in contemplating a lawsuit you need to be aware that unless the defamation is found to be libelous per se (as opposed to libelous per quod) you will be put to the burden of proving specific or actually incurred monetary losses. That is, a loss of business net income directly resulting from the article. And unless you can point to the loss of established customers willing to testify as to the articles' damaging consequences, that will be extremely difficult.

As to whether or not the article is libelous per se (meaning damaging in itself in which there is no need to prove specific damages because damages are assumed) I seriously doubt that the editors of the article would be so foolish as to allow it to even suggest that you are guilty of malicious business practices or gross business mismanagement.

And I'll tell you something else. First you are not going to find a qualified trial lawyer to take on the publisher under a contingent fee agreement. It will cost dearly.

Secondly, successful libel lawsuits are few and far between. In these parts (small in comparison to New York, thankfully) I can recall but one and after weeks of testimony the Federal District Judge threw it out. And that was when I was in law school and that has been ages.

Lastly, the more you stir this up the muddier it will get. Maybe let it slowly go away?