Cloud storage platforms can create litigation issues for the unwary.  Is a libelous statement made in a hyperlinked Google document that was publicly accessible and then sent again a year later in an attachment to an email, a republication or just “a delayed circulation” for statute of limitations purposes.

In 161 Ludlow Food, LLC v. L.E.S. Dwellers, Inc., (260 Misc. 3d 1221(A), 107 N.Y.S.3d 618 (Sup. Ct. N.Y. Co. 2018)), the court held that the allegedly libelous statement was just a “delayed circulation” and sustained the statute of limitations defense.

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