ADP Sues Zenefits for Defamation
Reading the complaint, ADP is not likely come close to winning.<p>The defamation they claimed happened is that Zenefits "alleged that ADP intentionally sought to cause harm to ADP’s clients solely to gain an unfair competitive advantage against Zenefits.”<p>Even if you argue this is defamation per se (and not per quod), about a matter of private concern, they'd still have to prove "4. That [name of defendant] failed to use reasonable care to determine the truth or falsity of the statement(s).<p>"<p>(california jury instructions for this charge will be here:
<a href="https://www.justia.com/trials-litigation/docs/caci/1700/1704.html" rel="nofollow">https://www.justia.com/trials-litigation/docs/caci/1700/1704...</a>)<p>There is a near 0% chance they can prove a lack of reasonable care here.
Plus, they open themselves up to discovery on any memos, etc they've written about this decision internally, which almost certainly show the statement is truth.<p>Note the above is the <i>best</i> case. If it's determined to be a matter of public concern, or defamation per quod, ADP's chances go down.