During his 21 - year legal career, Mr. Goldberg has litigated hundreds
of cases in federal and state courts throughout the United States involving
claims of retaliation, discrimination, wrongful termination, fraud,
defamation, breach
of fiduciary duty, and breach
of contract, as well as commercial contract disputes, civil RICO, ERISA, trade secrets and restrictive covenants, corporate governance disputes, minority shareholder disputes, partnership disputes, Madoff counseling and
defense, advancement and indemnification proceedings, whistleblower actions (SOX and CEPA), executive compensation counseling, litigation, and arbitration, international litigation and arbitration, antitrust litigation and arbitration, products liability litigation, environmental and toxic tort litigation, and securities fraud.
Fair comment is a
defense against
defamation claims where the statement at issue is an expression
of opinion, reasonably based on (preferably disclosed or well - known) true facts, which is on a matter
of public concern, and which is the honest opinion
of the speaker which was not made specifically to cause harm.
In this lawsuit, Cosby raised an affirmative
defense that Singer's demand letters to media outlets were shielded by litigation privilege, meaning that the attorney's statements were in conjunction with an anticipated or actual court action and couldn't form the basis
of a
defamation claim.