More on Regan vs. Murdoch

Yesterday’s New York Times included an interesting story on the brewing litigation between pubslishing diva Judith Regan and her former employer, Rupert Murdoch’s NewsCorp. The article includes the interesting news that Regan’s lawyer, Bert Fields, is considering filing a libel claim against NewsCorp. As the author of the Times article correctly points out, libel cases are extremely difficult to prove, especially for public figures such as Ms. Regan. The standard of proof – actual malice – that Ms. Regan would need to meet is prohibitive. It is also a certainty that every sordid little bit of Ms. Regan’s personal history would become fair game in discovery, a prospect that she is likely to find not only uncomforatble, but a distinct impediment to her future business prospects, to boot. If Mr. Fields were to follow through on the bluster and file such a claim, my money would be on Mr. Murdochh to win what would likely become as nasty a fight as you’ll see. That said, I would look for this matter to be resolved the same way most commercial disputes are – settlement.