David focusses on privacy, defamation, tortious interference, and other related torts. He is particularly interested in social media, AI, web3, and related online dynamics which are giving rise to a variety of legal challenges to individuals and businesses. David also has experience and interest to work with lending, automotive, real estate, trusts and estates, media, software development, and other clients. David speaks English natively and Spanish fluently.
Privacy law encompasses a broad range of legal protections for personal information and private activities. In our digital age, privacy violations have become increasingly complex, involving sophisticated technology and cross-border data flows.
Privacy torts provide civil remedies for invasions of personal privacy. These legal claims protect individuals from unwarranted intrusions into their private lives.
- Intrusion upon Seclusion: Legal protection against unwarranted physical or electronic intrusions into private spaces, including surveillance, unauthorized recording, or digital monitoring without consent.
- False Light: Protection against misleading or false portrayals that place individuals in a false light, often involving misrepresentation of facts or context in media or online content.
- Public Disclosure of Private Facts: Legal remedy when private, intimate, or embarrassing information is widely publicized, particularly when such disclosure would be highly offensive to a reasonable person.
- Publicity: Protection against unauthorized commercial use of one's name, likeness, or personal attributes for commercial gain without permission.
Digital content sharing violations represent some of the most rapidly evolving areas of privacy law, particularly with the rise of social media and AI technology.
- Revenge Porn: Legal protection against non-consensual distribution of intimate images, including revenge porn laws, civil remedies, and criminal prosecution support.
- Copyright: Protection of intellectual property rights in digital content, including DMCA takedown procedures, fair use analysis, and copyright infringement litigation.
- Deepfakes: Emerging legal challenges involving AI-generated content, including deepfake creation, distribution, and the complex intersection of technology and privacy rights.
Oregon statutes create civil penalties with presumed damages for unauthorized audio recordation. For example, new AI pendant devices may record a voice withot the consent of the speaker, giving rise to a cause of action from the speaker against the recorder.
Defamation law protects individuals and businesses from false statements that harm their reputation. In the digital age, defamation claims have become increasingly complex, involving social media, online platforms, and global reach of potentially damaging content.
New data projects are emerging with the goal to document and share evidence of personal conduct and social media activity. For example, some projects aggregate evidence of public behavior and social media activities which are objectionable to certain social groups. These data projects create a host of first amendment and defamation issues for both the site operators and those individuals who are identified on the sites.
Comprehensive defense strategies for individuals and businesses facing defamation claims, including both traditional and digital media cases.
- Truth Defense: Establishing factual accuracy of statements and developing evidence to support truth as an absolute defense.
- Opinion Defense: Protecting statements of opinion, commentary, and editorial content under First Amendment protections.
- Privilege Claims: Asserting qualified and absolute privileges for statements made in specific contexts, such as judicial proceedings or legislative matters.
- Digital Evidence: Managing electronic evidence, social media content, and online communications in defamation defense cases.
Plaintiff defamation services covering all aspects of reputation protection and damage recovery.
- Libel and Slander: Legal distinction between written (libel) and spoken (slander) defamatory statements and appropriate legal remedies.
- Damages Assessment: Evaluating economic and non-economic damages resulting from defamatory statements, including lost business opportunities and reputational harm.
- Injunctive Relief: Seeking court orders to stop ongoing defamatory statements and prevent further publication of harmful content.
- Retraction Demands: Formal requests for correction, retraction, or apology to mitigate damages and restore reputation.
Legal assistance with false negative online reviews and reputation management in the digital marketplace.
Social media defamation presents unique legal challenges due to the viral nature of content and complex platform regulations.
- Anonymous Defamation: Legal tools for identifying anonymous defamers and pursuing legal action against unknown defendants.
- Cross-Platform Issues: Managing defamation claims that span multiple social media platforms and jurisdictions.
Intentional interference torts protect individuals and businesses from deliberate actions that interfere with their rights, relationships, or economic interests. These torts are particularly relevant in competitive business environments and personal relationships.
- Interference with Existing Contracts: Legal remedies when third parties intentionally cause breach of existing contracts, including economic damages and injunctive relief.
- Interference with Prospective Economic Advantage: Protection against interference with potential business relationships, including lost opportunities and competitive harm.
- Defense Strategies: Legal defenses for businesses accused of contract interference, including legitimate competition and privilege claims.
Specialized legal services for Web3 and digital asset trust structures that combine traditional estate planning with cutting-edge technology. For example, trust structures may be implemented via smart contract on ethereum or other blockchains.
Social media platforms present unique privacy challenges that require specialized legal expertise in both traditional privacy law and emerging digital regulations.