Unmasking Effort Mooted by Single Publication Rule–Glassdoor v. Andra

Glassdoor allows employees to review employers. An employer, Andra, was unhappy about ten pseudonymous reviews posted about it from June 2014 to June 2015. In August 2015, it sought pre-suit discovery of the reviewers’ identities. Glassdoor opposed the request and filed a Texas anti-SLAPP motion to strike. In February 2016, the trial court denied the motion to strike and granted Andra’s request to unmask two of the 10 reviewers. The appellate court affirmed. However, this case has been tied up in court long enough that Andra’s underlying claims against the reviewers are now barred by the statute of limitations. As a result, the Texas Supreme Court dismisses the case as moot. The statute of limitations (SOL) calculation depends on the application of the single publication rule, something I haven’t blogged about in a while. Online, the SOL can start on the first upload, the last download, or something in between. Measuring the SOL by the last download…

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