Social media sites such as Yelp and Facebook provide consumers with a platform to share their opinions about businesses that sell goods or services to the public.

While businesses rely on this kind of digital word-of-mouth to boost sales and positive brand awareness, unflattering online reviews are inevitable and have the potential to cause considerable damage.

But stopping customers from giving bad feedback, even if unwarranted, is difficult.

An increasingly popular approach has been to include a clause in form customer agreements that prevent the customer from making negative statements about the business.

These anti-disparagement clauses are not only unpopular with consumers but also have increasingly been the subject of legal challenges.

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Photo of John Doroghazi John Doroghazi

John is a Partner in the Litigation Department. He focuses his practice on franchise, complex commercial, environmental, and class action disputes. Although he relishes trial work, his first concern is cost-effectively securing the ideal business solution for his client.

He has served as…

John is a Partner in the Litigation Department. He focuses his practice on franchise, complex commercial, environmental, and class action disputes. Although he relishes trial work, his first concern is cost-effectively securing the ideal business solution for his client.

He has served as lead litigator for one of the nation’s leading franchisors and has successfully defended that client and others in a variety of high-stakes franchise-related litigation brought by current and former franchisees, consumers, vendors, and area representatives. John’s extensive trial and arbitration experience includes being part of a trial team that successfully defended a major franchisor in arbitrations related to a multimillion-dollar contract dispute; successfully obtaining dismissal of a RICO class action brought by a putative class of franchisees against the former owner of a franchise system; and defeating a motion for preliminary injunction brought on behalf of over a hundred franchisees.

Photo of Robert Langer Robert Langer

Bob is recognized as one of the country’s foremost authorities on antitrust, consumer protection, and trade regulation law. He possesses unparalleled experience in counseling, litigation, and regulatory investigations in the field.