Bayles, an Australian boy who was bullied for his dwarfism and whose suffering was amplified to tens of millions of people around the world in February when, in a moment of unbearable pain, his mother Yarraka posted a Facebook video of Bayles crying in despair, after he had been bullied and laughed at in school because of his short stature.

The family’s inspiring story of courage was captured in the ABC’s Australian Story episode, About A Boy.

Triumph over trolls

The K&L Gates team, comprising lawyers from the firm’s Sydney, Melbourne and Chicago offices, assisted Bayles and his mother to remove a torrent of cyber racism across social media channels and advised on legal issues relating to copyright and compliance with “community standards”.

The K&L Gates team was led by special counsel Eric Boone, who stated that “of the 120 [YouTube] videos that we had identified, we got about 106 taken down”.

“But with every step we found another platform that you then need to look at and upon doing that we saw this proliferation of fake and impostor accounts targeting the family with all kinds of defamatory, racist, harmful commentary,” he said.

Mr Boone said the team used their in-depth knowledge of digital crisis management – a focus across K&L Gates’ global platform – and understanding of the “cyber” landscape to quickly resolve issues in an area of law where there is often limited access to legal counsel and few viable legal options for recourse.

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Collaborating with Sefiani Communications, the team supported the family in shaping Bayles’ message and developing a media strategy to correct the misinformation campaign waged by digital trolls.

The K&L Gates team also faced unexpected challenges working with social media platforms to remove abusive content and their advice for controlling a social media storm, including strategies to address the proliferation of content.

Mr Boone was supported by a team that included partners Savannah Hardingham and Desiree Moore, special counsel Warwick Andersen, lawyers Bianca D'Angelo, Max Evans and Olivia O'Brien, and graduates Angell Jin and Annabel White.

Tackling crowdfunding complications

Bayles’ story received significant media coverage and supporters rushed to his aid in many ways. Of the many donors, American comedian Brad Williams set up a GoFundMe campaign to raise money for a trip to a US amusement park for Bayles and his family. The money raised exceeded expectations. 

However, K&L Gates said many issues surfaced as a result of using the GoFundMe platform and in seeking to transfer funds from the US to Australia.

The K&L Gates’ global tax team worked on identifying an efficient trust structure to receive funds raised through the GoFundMe campaign and the funds raised, together with funds from the settlement of the family’s defamation lawsuit, were directed into the trust to assist with Bayles’ ongoing care and maintenance.

Crowdfunding – a mechanism that connects people in need directly to those who are able to provide support – has revolutionised the traditional fundraising landscape. But it can come at a cost if the fundraising is not structured appropriately, according to the firm.

Using a GFM campaign, therefore, is not as simple as it may be to set up. K&L Gates said it requires carefully assessing who the intended beneficiaries are and where they reside to ensure that the funds can be distributed accordingly. Failure to do so can result in the funds being trapped in an intermediary vehicle or the beneficiary receiving a reduced amount of the total monies raised.

The K&L Gates team, led by partner Betsy-Ann Howe and lawyer Naeha Lal, were able to negotiate the complex and unusual issues which arose in both the US and Australia concerning the transmission of the funds and were ultimately able to achieve a great outcome for Bayles and his family.

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