Screwed, Blued, and Tattooed: Some Light and Enjoyable Reading for a Lazy Saturday Afternoon

Smartmatic USA Corp., et al. v. Fox Corporation, et al.

Aaron Blake, Lou Dobbs, and the most problematic claims Trump allies made about voting 

N.Y. Times, Lou Dobbs’s Show Is Canceled by Fox Business

In this post, as in some others from time to time, I call on my life experience counseling large corporations on legal risks, and defending them in litigation. Some corporations—not many, but some—are run by cowboys and cowgirls, who don’t fully appreciate the legal consequences of their actions. At other times, one runs into folks in the Law Department who are afraid of their shadows. Most of the time, though, the people driving the bus want an objective assessment of whatever legal risks they are running, and a clear eyed assessment of whether any legal risk is worth the upside potential for business improvement.

In short, corporate attitudes toward legal risk vary rather widely. 

But Fox chose a course of action nowhere within spitting distance—nowhere within shouting distance—of the range of typical attitudes. It proceeded as if the law of defamation did not exist.

It is as if Delta Airlines chose a 16-year-old juvenile delinquent, addicted to booze and cocaine, to fly you on your next trip to Heathrow.