criminal-law civil-law
When is it blackmail?
<p>In what cases may I threaten to publish disparaging information about a corporation if certain demands are not met?  </p>

<p>For example</p>

<p>1) Suppose my HVAC contractor overbills me and demands payment.  I tell them I don't owe them, so they sue me.  I do some research and realize that they have sued 137 people in the last two years for the same reason.    Can I threaten to collect and send this information to the local newspaper if they don't drop the lawsuit?  Can I ask them to pay my legal bills?</p>

<p>2) I've been working for a company for 15 years and haven't got a raise.  I now know a lot about the company.  I also have a blog that is well read in the community.  Can I threaten to "quit loudly and publicly" if I don't get a raise?</p>

<p>A simple <a href="http://www.merriam-webster.com/dictionary/blackmail" rel="nofollow noreferrer">definition</a> of blackmail is:</p>
<blockquote>
<p>the crime of threatening to tell secret information about someone unless the person being threatened gives you money or does what you want</p>
</blockquote>
<p>Each jurisdiction will have its own nuances and case law history but that definition is close enough.</p>
<ol>
<li>Is <strong>not</strong> blackmail because the information is <strong>not</strong> secret, records of who sues who are public information. What you describe would be a valid and probably ineffectual negotiating tactic; if they launch that many lawsuits they aren't going to care who knows it, in fact, they may think it will be effective in making others pay, &quot;See how tough we are&quot;. It would probably be more effective to say that you will try to have them declared a <a href="https://en.m.wikipedia.org/wiki/Vexatious_litigation" rel="nofollow noreferrer">vexatious litigant</a>, of course, that won't work if they usually win.</li>
<li>This is, more than likely, blackmail assuming that what you are planning on divulging is confidential. Even if it is not blackmail it is a breach of the duty you owe your employer (even an ex-employer).</li>
</ol>
