$5,000,000 Influencer “Live Video” Defamation Lawsuit Dismissed!


A well-known social media influencer went on live video and shared what he believed to be his honest and truthful concerns about the alleged wrongful conduct of another influencer and business owner. The intent behind his livestream was to do social good and protect his social media community.

Shortly after that, the subject of the live video filed a $5,000,000 defamation lawsuit alleging among other things, financial losses, emotional distress, and punitive damages.

My law firm was retained to step in and provide a legal defense in the case. We formally appeared in the action and filed an Answer denying all allegations. We also filed a cross-complaint against the other person alleging that he was the actual wrongdoer. In fact, this was one of the reasons behind our client doing the livestream in the in the first place.

We aggressively litigated the lawsuit for about nine months. We conducted written discovery, opposed motions, and took the depositions of all parties. A trial date was set for November.

From the very beginning, we took the position that our client simply shared true and accurate facts, did nothing wrong, and would never pay a dime to settle the case.

After much work and effort, we’re happy to report that several days ago, the entire $5M case was dismissed by the other side. Not a single penny was paid by our client to the other side who brought the lawsuit.

My client and I believe the moral of this true story is never to be afraid to stand up for your rights. If you’ve done nothing wrong, draw a line in the sand and use the law to protect yourself, your family, your business and your community.

Having said that, another reminder for our social media community is to avoid putting yourself in this situation in the first place. Yes, not looking the other way and doing the right thing to protect others is always the right thing to do. But when it’s time to take action, please be careful how you go about doing things. My recommendation is that if you have a legal concern, don’t take things into your own hands. Instead, reach out to experienced legal counsel to get things handled and resolved.

The good news for our social media influencer is that we were able to put our thirty years of experience to work to help make this entire case go away. It’s important to understand that each case is different and things don’t always work out this way. When cases do go to trial, you never know what a jury will do. For this reason, be careful before posting and sharing your legal concerns about other people or companies on the digital platforms.

When it comes to making statements about others on social media, truth is usually a valid defense. Understanding this fact, my recommendation is always to be careful with what you say and do on social media. Even when you have good intentions and tell the truth, your words may have long term good and bad consequences.

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Periscope For Professionals- A Quick Guide

Live streaming video platforms like Periscope offer professionals an excellent way to add value and build new relationships around the world. This guide is designed to help you quickly start and properly use the Periscope platform.

Please keep in mind that there is usually more than one way to do many of the things I describe in this post. Because this is a quick guide and I want you to get started as fast as possible, simply follow my specific instructions to avoid complicating the process. After all, I want to see you “live” on Periscope sooner rather than later.

First Things First

Before you download and begin using Periscope, there are a few things you need to know when it comes to engaging on social media and the live streaming platforms. While I could write an entire chapter on each of these items (actually I did here), I think I’ll save sharing the full logic behind this specific advice for an upcoming live stream show. For the time being just remember to:

Be yourself

Be transparent

Be honest and truthful

Be human

Professionals need to leave the attitude back at the office and show their human side on all the social and live streaming platforms. Relax, relate to and engage your audience as you would a good friend or neighbor.

Feel free to follow me and watch my Periscopes if you want to see how I try and do this. I try and model some of the best Periscopers in the world and while I don’t always get things right, I do try and keep improving on a daily basis. I’m @MitchJackson on Periscope.


Periscope is owned by Twitter, and the two platforms go hand in hand. Although you don’t need a Twitter account to use Periscope, I think using Periscope without Twitter is like driving a Lamborghini all day in first gear (what’s the point right?). I’ll explain in more detail below.

Continue reading “Periscope For Professionals- A Quick Guide”

Blast From The Past- Gary Vee, Google Glass and Spreecast!

Here’s an early livestream from several years ago with Gary Vaynerchuk via Spreecast and multi-streamed through Google Glass (kind of a cool video perspective).

While Spreecast and Google Glass are not around anymore, Gary, my co-host Jennifer Hoverstad, and I are. Join us this Monday at 2pm ET TheShow.live via the new Huzza.io platform when we talk social, live video, VR and more!

The Streaming Lawyer Mentioned in “12 Rising Stars in Social Media Marketing”

12 Rising Stars in Social Media Mitch Jackson aka Streaming Lawyer

Mitch is in court but when he gets back we know he’ll be excited to learn that John Lincoln of Ignite Visibility gave him a shout out in today’s article titled, “12 Rising Stars in Social Media Marketing”. Our very own “Streaming Lawyer” works his butt off to share value and help others on the digital platforms and we can’t wait him to hear this exciting news!

Click here to read John’s article and to connect with these amazing social peeps!


Live Streaming Update: Facebook Live is here for EVERYONE and is going to be a game changer!

facebook_streaming_lawyer_community 400

Facebook just announced that it is rolling out Facebook Live, its live video service, to everyone. It will start to display in the “Update Status” section for US-based users with iPhones.

Why is this important? Because with 1.5 billion users and the exponentially increasing popularity of video on Facebook, I see Facebook Live instantly becoming a major player, if not THE major player in the live streaming market. Current live streaming apps such as Periscope, Meerkat, MyEye and FireTalk are separate and don’t integrate all the other features of “community” that already exists in Facebook. Over the long term, this could be a big problem for these other apps.

Facebook Live PeriscopeTo put the thoughts I share in this post into context, please know that I’m a big fan of Periscope and participated at the recent Periscope Summit New York and will be speaking in January at Periscope Community Summit in San Francisco. The community and engagement I’ve experienced on Periscope is amazing and so very much appreciated. Note- my thoughts on Periscope =>

Having said that, technology changes quickly and it’s always important to appreciate, evaluate and even embrace positive change. When doing so and taking Facebook Live into consideration, it’s important to appreciate just how quickly the power of mobile live streaming is changing the world.

Facebook Live will allow people to share what they care about with others. Your travels, activities and passions can all be shared and commented on 24/7. All Facebook users will need to do is tap on the Update Status and then select the Live Video icon. Type a short description (only if you want), pick your audience (public, friends, custom), and go live.

While broadcasting on Facebook Live, you will be able to see who is watching and engage your audience in real time based upon their real-time comments streaming below the live video broadcast. After you’re done, your live stream video will be saved on your Timeline or simply deleted. If you’re looking for interesting live video content, you’ll be able to search and discover content in your Facebook News Feed. If you like a Facebook Live video, you can Subscribe to the broadcaster and be notified the next time he or she goes live.

I believe the real power of Facebook Live is twofold. First, it allows for real-time live streaming from your mobile device. This is huge and what has helped other apps gain massive traction exponentially fast (Periscope gained 10M users watching 40 years of video daily in just a couple of months of service). Second, this new technology is instantly embedded into a dominating social media platform with almost 1.5 billion individual and business community users.

In today’s world, everything is based on immediacy, time and attention. Complimenting this consumer need with mobile live streaming is huge. Facebook’s new Live simply adds to its existing and growing stable of related acquisitions including WhatsApp (fast messaging), Messenger (share anything), Oculus (VR), Internet.org (greater and faster connectivity globally), and Articles, Facebook Notes (connecting instantly and easily through the written word). All of these will now compliment and highlight each other via Facebook Live.

I think the next big step for Facebook Live will be when it incorporates real time bi-directional live streaming video in a fashion similar to Blab and Spreecast (people watching your broadcast can join you via live streaming video from their mobile device). This will raise the bar when it comes to real time engagement and I can’t wait for this to happen.

When Facebook Live rolls out to your iPhone, please let me know and let’s connect. Share your thoughts and experiences about how you’re using the new Facebook Live to share and engage with others!

Related posts from industry experts I think you will find interesting…

“Why Facebook Mentions Live Spells Trouble for Periscope” and “Marketing Update: Facebook Live Released To The Masses” (podcast) via Vincenzo Landino

“You asked…. Facebook LIVE streaming! My thoughts…” via Brian Fanzo


jon mitchell jackson 400Mitch is a 2013 CA Lawyer of the Year and a 2009 OC Trial Lawyer of the Year. He is a legal change evangelist who shows lawyers and entrepreneurs how to use social and live streaming to disrupt, hack and improve their practices and businesses. Connect with Mitch on Twitter @MitchJackson | Facebook, and via his platforms at MyLawyerRocks.com (law firm) | StreamingLawyer.com (live streaming) | MitchJackson.com (communication tips) | Human.Social (interviews) | JonMitchellJackson.com (consulting services)