The speed and severity by which the global health crisis has impacted businesses and individuals is unprecedented. Businesses have closed, events have been cancelled, and even the 2020 Tokyo Olympics has been postponed until 2021. What happens to all those who cannot perform their contractual duties because of the health crisis? What about those relying on others to fulfill their contractual obligations?
Elements of a business disparagement claim.
A good business reputation is vitally important as consumers often make decisions based on reputation alone. Recently, Phoneternet, LLC d/b/a Maestro ("Maestro") asserted a business disparagement claim against LexisNexis Risk Solutions, Inc. ("Lexis") for allegedly providing incorrect business credit reports to Maestro's potential client. Phoneternet, LLC v. LexisNexis Risk Solutions, Inc., 2019 WL 4748271, (N.D. Tex. Sept. 30, 2019).
