Introduction

Former Greenberg Traurig shareholder, Allan Kassenoff, sued an influencer for $150,000,000 after he allegedly lost his job due to a series of TikTok videos accusing Kassenoff of abuse. On May 31, 2023, Robert Harvey, who has over three million followers on TikTok, began posting a series of videos on TikTok about Catherine and Allan Kassenoff’s divorce and custody battle. Harvey posted twenty-three videos on TikTok about the Kassenoffs, all of which gained major attention on TikTok and garnered millions of views. Kassenoff alleges the videos ultimately led to his forcible resignation from Greenberg Traurig due to the immense social media pressure on the firm and its clients.

The TikTok Videos

Harvey’s videos show clips of Kassenoff yelling at his then-wife, Catherine, telling her that he hates her, calling her a fat loser, and telling her that he regrets ever meeting her. Harvey accuses Kassenoff of abuse towards both his wife and children. Harvey’s videos also state Kassenoff used his power and influence within the legal community to obtain full custody of their three children. Harvey claims that Kassenoff colluded with judges, custody examiners, and therapists involved in the custody dispute to make it appear as though Catherine was abusive and mentally unfit to parent her children. Harvey went on to say Catherine decided to end her life shortly after the judge suspended Catherine’s visitation rights in May 2023.

The Lawsuit

In response, Kassenoff filed a 105-page complaint in the United States District Court for the Northern District of Florida.[i] Kassenoff’s complaint alleges defamation, intentional infliction of emotional distress, tortious interference with a business relationship, and cyberstalking. However, the complaint also includes a vividly detailed description of Kassenoff’s marriage to Catherine and their tumultuous divorce and custody battle which spanned over four years. The complaint even cites to affidavits from several former nannies who depict Catherine as an abuser.[ii]

Kassenoff alleges Harvey falsely told his followers that he did his due diligence on the facts and that everything he said in the videos is fact and the videos tell the whole story.[iii] Harvey’s alleged false statements include that: (1) Kassenoff abused his wife and children, (2) child protective services confirmed the abuse, and (3) Kassenoff was awarded sole custody because of a corrupt court system.[iv]

Kassenoff’s suit also alleges Harvey instructed his over three million followers to bombard Greenberg Traurig and one of its biggest clients, Samsung, with emails, phone calls, voicemails, and social media attacks, demanding Kassenoff’s termination.[v] Kassenoff claims that Greenberg Traurig asked him to resign due to the social media pressure on the firm and its clients which came about as a direct and proximate cause of Harvey’s actions.[vi] Harvey filed a motion to dismiss the complaint for failure to state a cause of action. However, the court has not yet ruled on the motion.

Takeaways

Although still pending, this case presents as an important reminder that even social media posts can lead to defamation causes of actions. It is always important to fact check before posting anything on social media. Social media claims can spread like wildfire, and whether they are true or not, claims of abuse can be extremely damaging to the individuals involved and can even impact their career and personal life.

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Sources

[i] Plaintiff’s Complaint at 1, Kassenoff et al v. Harvey, No. 3:23-cv-24085 (N.D. Fla. Sep. 1, 2023).

[ii] Plaintiff’s Complaint at 8, Kassenoff et al v. Harvey, No. 3:23-cv-24085 (N.D. Fla. Sep. 1, 2023).

[iii] Plaintiff’s Complaint at 42, Kassenoff et al v. Harvey, No. 3:23-cv-24085 (N.D. Fla. Sep. 1, 2023).

[iv] Id.

[v] Plaintiff’s Complaint at 82, Kassenoff et al v. Harvey, No. 3:23-cv-24085 (N.D. Fla. Sep. 1, 2023).

[vi] Plaintiff’s Complaint at 83, Kassenoff et al v. Harvey, No. 3:23-cv-24085 (N.D. Fla. Sep. 1, 2023).