Defamation claims may arise in commercial litigation between competing businesses in various contexts. For example, one business may publicize defamatory statements about a competing business or its owner by leaving false negative reviews online for the competing business. In some states, statements about an individual's business may give rise to other types of claims related to defamation, such as a trade libel or commercial disparagement claim.

This Toolkit provides resources to assist counsel in litigating and defending common law defamation claims in commercial litigation in select jurisdictions. It also contains defamation resources for use in all jurisdictions, and resources that address other types of lawsuits related to defamation, such as Strategic Lawsuits Against Public Participation (SLAPP).

For information on defamation in the employment context, see Practice Notes, Defamation Claims in Employment and Defamation in Employment References State Law Chart: Overview.