Entertainment Movies Johnny Depp 'Has an Uphill Battle' Proving Amber Heard Was Defamatory in Legal Case: Expert "Winning a defamation case, it has to be based on facts. It can't be based on opinion. And that's where a lot of defamation plaintiffs get in trouble," legal expert Daniel Gutenplan tells PEOPLE By Charmaine Patterson Charmaine Patterson Digital News Writer, PEOPLE People Editorial Guidelines and Kara Warner Published on April 21, 2022 01:03 AM Share Tweet Pin Email Johnny Depp has a long road ahead of him in his defamation lawsuit against Amber Heard, a legal expert tells PEOPLE. Depp, 58, is suing Heard, 35, for defamation over a 2018 op-ed she wrote for The Washington Post about surviving domestic violence, though she never mentioned Depp by name in the article. Depp originally filed the $50 million lawsuit in March 2019 (the exes married in February 2015 and split the following year). "In terms of the trial in Virginia right now, I think Johnny Depp has an uphill battle," Daniel Gutenplan, entertainment litigator, defamation expert and a partner at Enenstein Pham & Glass, tells PEOPLE. For more on Johnny Depp's defamation trial against Amber Heard, listen below to our daily podcast PEOPLE Every Day. He adds, "Defamation is very hard to prove. First and foremost, truth is an absolute defense to any defamatory statement. So regardless of the alleged defamatory statement, if a defendant can establish that it is true, the defense is going to win." Johnny Depp Says Daughter Lily-Rose Skipped His Wedding to Amber Heard 'for Several Reasons' Amber Heard (L); Johnny Depp. Venturelli/Getty; John Phillips/Getty Never miss a story — sign up for PEOPLE's free daily newsletter to stay up-to-date on the best of what PEOPLE has to offer, from juicy celebrity news to compelling human interest stories. He points out that Heard's essay never name-dropped Depp and "doesn't detail any specific alleged events or any specific conduct. It is incredibly general in that regard." Gutenplan also says that winning a defamation case "has to be based on facts," adding: "It can't be based on opinion. And that's where a lot of defamation plaintiffs get in trouble." Johnny Depp Details Alleged Explosive Fight with Amber Heard, Shows Off 'Mangled' Finger to Court Johnny Depp. EVELYN HOCKSTEIN/POOL/AFP/Getty Depp's case is still ongoing despite Heard's previous attempts to get it dismissed, ultimately giving the Pirates of the Caribbean star "his day in court," Gutenplan says, adding, "clearly the judge...to some extent thinks there's legs, and at least the jury should decide." "When we're talking more about defamation, it really does come down to he said, she said, or he said, he said, or she said, she said, whatever it might be, but it's an opinion of two people and the defamation claims are oftentimes not reduced to writing," Gutenplan reiterates. "And so anytime you get into a courtroom, you get into a legal battle, and it's one story against another — which, by the way, is exactly what's happening in Virginia right now. It's two people telling two very different stories, right? It's tough to prove, and let's not forget that Mr. Depp is the plaintiff and carries the burden of proof to show by a preponderance of the evidence." RELATED VIDEO: Johnny Depp Says His 'Goal Is the Truth' in Suing Amber Heard: Want to 'Stand Up for My Children' Though he says he is uncertain how long the trial will last, Gutenplan estimates it is expected to go for up to seven weeks, with either side likely to appeal should they lose. It could take months and even years to reach a final resolution, he says. Gutenplan adds, "It's impossible to say now, because we don't know what necessarily is going to happen."