Ex-employee ruining our reputation through posts on consumer complaint sites

[articjewelry55]

Here are some samples of the links complaints against us

Here are the links that employee has put up
http://the-natural-sapphire-company.pissedconsumer.com/
and hundreds more

 

[startedone]

Here are the links that employee has put up
http://the-natural-sapphire-company.pissedconsumer.com/
and hundreds more

I don't see enough information to support a case for any of the postings

 

[You Are Guilty]

In fact, while several of those "complaints" are clearly written by the same person, it appears your prior "issues" might even support the current complaints:
http://www.pricescope.com/forum/colored-stones/question-for-the-natural-sapphire-company-t159500.html
http://www.pricescope.com/forum/colored-stones/unscrupulous-scandalous-status-quo-t137658.html

 

[articjewelry55]

Also professionally made videos are uploaded to ruin our business

https://plus.google.com/113566895405250626510/videos
here is the example of G+ page with videos . And still we cannot do anything ???

 

[tranquility]

I think you have many problems to successful litigation. So many problems it probably isn't going to be worth it--even if you had a case. But, for the complexity of the issues, you need to see an attorney with international experience to know or to prosecute any litigation, so you might as well pony up the money and see one. The bottom line is that after many thousands of dollars in legal fees, your basic problem is not going to change too much.

 

[LegalPro2002]

Sorry to hear that your company is having to defend itself against such sleazy tactics. You could move for a preliminary injunction, which courts normally do not grant in defamation cases, but where the complained-of harm is a systematic and deliberate smear campaign aimed not at any legitimate complaint, but at destroying your business, a court might make an exception. I also disagree that you are out-of-luck just because the developer is in Sri Lanka. You can enforce an award for monetary damages in Sri Lanka -- you just take the judgment to a Sri Lanka court.

As long as you serve the developer under the Hague Convention, the judgment will be fully enforceable and will allow you to go after all of the developer's assets. Also, a court would not have to go all the way to Sri Lanka to order Google to delist the defamatory comments.

The above advice does not constitute legal advice and may not be relied upon as such. There is no attorney client relationship with our firm.

 

[Zigner]

How would you suggest our OP (a small business struggling to make ends make) pursue this case against in unknown defendant located on the other side of the world?

 

[LegalPro2002]

How would you suggest our OP (a small business struggling to make ends make) pursue this case against in unknown defendant located on the other side of the world?

I obviously do not have all of the facts, but it seems that if they do nothing, they are in danger of shutting down. If they file an action in court, the developer might default. If he defaults (or she), they will be able to get a quicker judgment against him. I don't see how they can afford NOT to sue him. It's also MUCH cheaper to hire a lawyer in Sri Lanka to enforce the judgment, and the judgment can be used to restore the companies' reputation. Reputation companies charge a lot of money and often don't work.

 

[Zigner]

Enforce a judgement against...?

Yeah, there's the rub.

 

[tranquility]

If they file an action in court, the developer might default.

Um...doesn't the "developer" need to be served before there is a default? How will the OP serve them? In fact:

He also used proxy server to hide his ip.

how do we really know who this person is. Sure the OP thinks it is the ex-employee, but the court is not going to give a preliminary injunction without proof of the person AND at some proof of the falsity of the defamatory comments. (That's ignoring the first amendment issues.)

Also, why are we even talking about U.S. law here? Does the U.S. have personal jurisdiction over the purported defamer?

It seems like you represent a law firm. What would your ballpark figure be to prosecute this case? How much money before you think there will be some tangible results? And, what if the things said were true? While the OP has thrown around slander and libel, I don't see which claim is alleged to be false.

(Then we can go to the problem of proving damages from reputation defamation to a company with a few problems already.)

 

[articjewelry55]

Advice which will help us in saving our company

Ok let me give more details about the case. This developer was hired from an Indian Company which is an established entity operating from Mumbai India.
So this developer is not alone but is backed by this software company in India . We have put up our side of the story on www.dontoutsource.com and www.extortionattempt.com
And they have put up their side of the story on
http://www.naturalsapphirecompany.net/natural-sapphire-company-complaint/
In India they have filed criminal cases against us for stealing their IP. The cases are taken up by Indian courts and police further the crime is registered against us.
Before we can hire a law firm I would request forum members to advise what are our realistic chances of winning this in US courts and what would be the costs . Evan if we get favourable verdict can we enforce it in India.(This Indian company threatens us of having a battery of attorneys ready to defend them in India and sri Lanka) or what would be the best way out court or out of court settlement. Or any advice which will help us in saving our company

 

[LegalPro2002]

I work for a large firm. We would be too expensive for this type of case, but there are small firms that would probably take this case on. Hmmm…..file a suit or go out of business. File a suit or go out of business. I don't think they think it'll be easy, but seriously, what choice do they have? Shouldn't they at least explore their options? Maybe talk to a real lawyer?


It sounds like the developer screwed up and left his IP address on a few of the posts. In civil litigation, the standard is a preponderance of the evidence. That's 51%, not 99%. I haven't seen the evidence, but based on what they're representing, it sounds ilke it would be sufficient to tie the developer to the posts. Has anyone considered how the equities of a situation influence judges' decisions? We're not talking about prior restraints on speech. We are talking about getting a judgment to delist and take down false and defamatory comments, plus maybe some prophylactic relief to help restore the reputation of the company.


There is a line of Supreme Court cases that address the issue of personal jurisdiction in the context of extra-territorial defendants. As much fun as it would be to engage in a free ranging debate of constitutional jurisdictional jurisprudence on a set of undocumented facts, I actually have a brief to write tonight! Just felt that there are options and viewpoints that weren't being represented.


I'm not interested in getting into an armchair debate. This message is intended for Arctic Jewelry55. Go consult an attorney who works in this area and see what they have to say. Do not rely on forum advice to make your decision. If it's too costly to file suit, then do whatever you can to restore your reputation and I hope that it works out, but at least go talk to a lawyer in person. Many offer free consultations.


Ah….back to making the world safe for tobacco.

 

[Ohiogal]

I work for a large firm. We would be too expensive for this type of case, but there are small firms that would probably take this case on. Hmmm…..file a suit or go out of business. File a suit or go out of business. I don't think they think it'll be easy, but seriously, what choice do they have? Shouldn't they at least explore their options? Maybe talk to a real lawyer?


It sounds like the developer screwed up and left his IP address on a few of the posts. In civil litigation, the standard is a preponderance of the evidence. That's 51%, not 99%. I haven't seen the evidence, but based on what they're representing, it sounds ilke it would be sufficient to tie the developer to the posts. Has anyone considered how the equities of a situation influence judges' decisions? We're not talking about prior restraints on speech. We are talking about getting a judgment to delist and take down false and defamatory comments, plus maybe some prophylactic relief to help restore the reputation of the company.


There is a line of Supreme Court cases that address the issue of personal jurisdiction in the context of extra-territorial defendants. As much fun as it would be to engage in a free ranging debate of constitutional jurisdictional jurisprudence on a set of undocumented facts, I actually have a brief to write tonight! Just felt that there are options and viewpoints that weren't being represented.


I'm not interested in getting into an armchair debate. This message is intended for Arctic Jewelry55. Go consult an attorney who works in this area and see what they have to say. Do not rely on forum advice to make your decision. If it's too costly to file suit, then do whatever you can to restore your reputation and I hope that it works out, but at least go talk to a lawyer in person. Many offer free consultations.


Ah….back to making the world safe for tobacco.

Have you been vetted by administration? You are seeming to imply you are an attorney and you cannot do that unless the Admin verifies that you are in fact who you say you are.

 

[tranquility]

I work for a large firm. We would be too expensive for this type of case, but there are small firms that would probably take this case on

Really? Name a small firm who will take this on. No firm will take this dog on contingency, certainly not a small firm. While a small firm might be cheaper, there is still a ton of work to do to get any value from events. Ton of work=ton of money.

Hmmm…..file a suit or go out of business. File a suit or go out of business. I don't think they think it'll be easy, but seriously, what choice do they have? Shouldn't they at least explore their options? Maybe talk to a real lawyer?

Not file and save a ton of money? But, they should ALWAYS explore their options. It's just that exploring options includes the cost of litigation.
As I wrote:

But, for the complexity of the issues, you need to see an attorney with international experience to know or to prosecute any litigation, so you might as well pony up the money and see one. The bottom line is that after many thousands of dollars in legal fees, your basic problem is not going to change too much.

It sounds like the developer screwed up and left his IP address on a few of the posts. In civil litigation, the standard is a preponderance of the evidence. That's 51%, not 99%. I haven't seen the evidence, but based on what they're representing, it sounds ilke it would be sufficient to tie the developer to the posts.

And, you link it up to the other posts, how? What was said in the posts with the error? Do a lot of people in Sri Lanka have their own IP address, or do they share? (Maybe at the internet cafe?) Sheesh.

I'm not interested in getting into an armchair debate. This message is intended for Arctic Jewelry55. Go consult an attorney who works in this area and see what they have to say. Do not rely on forum advice to make your decision. If it's too costly to file suit, then do whatever you can to restore your reputation and I hope that it works out, but at least go talk to a lawyer in person. Many offer free consultations.

Of course. But, if you don't want to debate, don't say silly things.

 

[You Are Guilty]

With the OP's new revelation of more details in his website/blog, it is rather obvious this goes well beyond a few phony reviews posted online. Even with a domestic (potential) defendant, no lawyer is going to touch this case without a very hefty retainer. With the unknown defendant and overseas issues, it is only more problematic.

I certainly support seeking local counsel, but realistically, a lawsuit is probably just not going to be effective at this point.