Business Reputation Defense
Author: Julia A. Lyalutskaya lawyer at Law Bureau "Scheglov and Partners"
 

“The respect of contemporaries  is preferable to admiration of posterity”
P. Buast

 

Goodwill represents the socially meaningful evaluation of the society business and other qualities of the person on whom it depends for its public status and successful activities, and is an equally important component of business success than, for example, sufficient financial assets.

Word of mouth – Internet
Moreover, in terms of hyper awareness every second inhabitant seeks first to get the most information about the desired product and / or service and then make a choice in favor of a company that offers them to him.
Very few people care about enterprise capital but each one with attention refers to, rumors and assessments,  also know as word of mouth reviews which will help them to choose much more effective.
It turns out that one unflattering word, negative comment "expert" evaluation even in the virtual space of the Internet, can cause damage to the company's very real, comparable only to the raiders activities.
Slander and Defense of business reputation
Each one of the "offended" knows how to threaten the offender, criminal libel or in extreme cases, even if seeking protection of business reputation.  Not everyone knows that this is the most difficult to prove the offense.
For example, in order to justify the harm to goodwill requires at least the presence of three factors:
Personal dissemination of information;
Defamatory of information;
the inconsistency of reality.

NB!
In addition to there are plenty of conditions for the success of the claim, which can be detected only by careful analysis of judicial practice. For example, few people know that today Litigation very reluctantly recognizes depreciation of goodwill legal entity negative reviews about the brand, owned by legal entity. Even if the production of products under this brand name - it is the only activity in which the company does. And to justify the harm inflicted in such cases, it is necessary  to provide broad and specific proof, which better collect with the assistance of a professional.

“Protect yourself, sir!”
Generally the problem Affairs defamation lies not so much in the preparation of the claim according to the letter of the law and directions of development of jurisprudence but to provide appropriate evidence.
 Because goodwill - an intangible benefit that can not be touched, measured on a single scale. Therefore, no expert testimony or opinion will not be the undisputed for the court.
 That is why the case of the defense of business reputation can be compared with exquisite chess game, a verbal duel, where the main weapon is the power of persuasion, oratorical gifts, exclusive logical thinking your representative and counsel. And a choice of lawyer could be dominant to defend business reputation, as well as to represent the interests of the defendant.

Example of practice of the Bureau
Turning to specific examples we can recall the recent case of “A” company, which appealed to the Law Bureau "Scheglov and Partners" for legal assistance for the Defense of business reputation. According to company representatives, regional news online edition( U-RU), published a critical article with materials expert estimates of developers, has spread false information, diminishing the reputation of one of developers.
 Legal opinion prepared by advocate LYALUTSKAYA Julia A. , been based on material disputed article, found that despite the dissemination of information that is untrue, neither the authors nor the editors of publication can not be held responsible for the dissemination of information discrediting the business reputation.
The author, describing the conflict situation between the developer and private investors, applied fairly cunning trick: false information in this article is not directly concerned of “A” company. Conversely, untrue information concern the other party to the dispute. In such a situation the presentation in court demands refutation would impair goodwill was not possible.
  Meanwhile, there is a one-sided, clearly negative presentation of information, which detracts from the rights and interests of “A” company. In this situation, by the Bureaus attorneys was  offered the effective way to defense business reputation of “A” company : training experts reasoned response to the article and submitting it for publication in the same edition. If the editors to publish a response prepared by “A” company, the goal of maintaining goodwill is reached. Failure to publish may be appealed in court.
 So in fact, in two steps can resolve the matter, which would be lost in the event direct appeal for denial of information discrediting the business reputation (according to Part 1 of Art. 152 of the Civil Code).

At your service. Your grandmaster.
 Law Bureau "Scheglov and Partners" lawyers are always ready to find the most effective method of defense of business reputation, based on their experience of doing similar things.

 To get the best legal advice bureau attorneys in the field of defense of business reputation: Contact with the Senior Managing Partner Law Office of Moscow "SCHEGLOV and PARTNERS" - Yury Scheglov   phone: +7 ( 495) 748-00-32, +7(985) 767-94-86 or e-mail >>>
 

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