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PETER J. PIZZI ADDRESSES NEW YORK STATE SUPREME COURT ON 'CYBERSMEAR' LITIGATION
Ever since the use of the Internet exploded in the 1990s, visitors have utilized it for hundreds of reasons. Just a few to mention include sending messages to others, buying merchandise on line, and researching health, travel, and entertainment topics.
But for many disgruntled employees and ordinary public folks, the Internet offers a forum where they can air their gripes about their employers or with companies with which they have a bone to pick. It might be a bad corporate decision, frozen wages, or even a mop that breaks before its had a decent worklife that gets Mary, John, or Jason to post derogatory comments on web sites such as Yahoo Finance, Motley Fool, or www.vault.com.
A new term - "cybersmear" - has been coined to describe these types of defamatory messages sent by persons using pseudonyms or "screen names" to mask their true identify while they vent their anger at the corporate world.
On May 1, 2003, Peter J. Pizzi, an authorityon Internet and information technology law, addressed the Supreme Court of the State of New York on the topic of the growing number of lawsuits aimed at stopping cybersmear. His talk, "Responding to Cybersmear, Issues of Civil Procedure in Conducting "Identity Discovery," was one of 11 that took place at a Supreme Court of of the State of New York Commercial Division Judicial Seminar held at the Pace University School of Law. The seminar, "Technology in the Courtroom and Hot Topic Updates," also featured speakers on topics such as using computer technology to examine witnesses at trial, electronic evidence, and Dot.com litigation.
"In response to the phenomenon of cybersmearing, corporations are more and more using civil discovery rules to 'unmask' anonymous posters of these messages and then seek damages or an injunction to stop future postings," explains Mr. Pizzi, a partner in Connell Foley LLP. "Recently, New Jersey's Appellate Division became the first appellate court in the country to establish comprehensive procedures applicable to 'identity discovery.' Corporations trying to put a stop to cybersmear find that a few court rules can be called upon to provide a remedy."
Mr. Pizzi points out that cybersmears can "adversely impact stock prices, negatively affect individual employee morale, become a source of embarrassment for the company, and make people feel that they need to dump company stock. Former employees have been known to disclose proprietary or non-public information."
Mr. Pizzi is a frequent speaker and author on cybersmear litigation. He has had articles on the topic published in Lawyers Weekly (Nov. 25, 2002), The Metropolitan Corporate Counsel (February 2002), and the New Jersey Law Journal's Intellectual Property magazine (July 23, 2001). In addition to the recent seminar at Pace University School of Law, he was one of three panelists in the April 3, 2003 Rutgers Law Record's Annual Symposium on "Cybersmear: Anonymity Versus Accountability." He has also lectured on cybersmear litigation at the New Jersey ICLE Seminar in October 2001 and the New Jersey ICLE Law Forum & Bench Bar Conference in March 2001. He is chairman of the New York State Bar Association's Internet and Litigation Committee.
Mr. Pizzi became a partner in Connell Foley LLP in 1986. During his career with the firm, his practice has been devoted primarily to business litigation matters, including employment, unfair competition, and contract and Internet-related cases. In 1995, he helped Connell Foley LLP achieve the distinction of being the first New Jersey-based law firm to operate a site on the World Wide Web.
Mr. Pizzi received an A.B. degree magna cum laude from Bowdoin College and a J.D. degree from Fordham University. The Supreme Court of New Jersey Board of Trial Attorney Certification has designated him a certified civil trial attorney. He is a member of the Essex County, New Jersey State, New York State, and American Bar Associations. He is also a member of the Zoning Board of Adjustment of the township of Chatham in Morris County, New Jersey.
Mr. Pizzi can be reached at (973) 533-4221 or by e-mail at ppizzi@connellfoley.com.
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