Defamation Per Se & Lanham Act

Jonathan Pollard discusses claims for (1) defamation per se and (2) false advertising under the Lanham Act. The discussion focuses on demand or cease and desist letters sent to other market actors (e.g. customers, clients, vendors, etc.). Particularly in non-compete cases, companies often send letters not only to the ex-employee or new employer but also to clients, customers, and other relevant third parties. These letters often make false allegations, e.g.,: "Joe stole our trade secrets and is competing illegally."
These types of letters are intended to deter clients/customers/third parties from doing business with "Joe" by (a) damaging Joe's reputation and/or (b) suggesting that the client could get dragged into litigation if they do business with Joe. The ultimate goal there is to control the business/dollars and retain that business.
This sort of fact pattern often gives rise to claims for both defamation per se and false advertising (under the Lanham Act).

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Ha! "2019 Freedom of Speech"!