Appeals
Litigation | AppellateOur Appellate practice handles appeals in federal and state courts across all practice areas, protecting favorable outcomes and challenging adverse decisions.
Overview
Persuasive Appellate Advocacy
Appellate decisions often determine ultimate case outcomes and shape law for future disputes. MC Law's Appeals practice provides skilled appellate advocacy.
Federal Appeals
We practice in all federal circuits and the Supreme Court. We handle appeals from district court judgments, interlocutory appeals, and original proceedings.
State Appeals We handle appeals in state appellate courts nationwide. We understand state appellate procedure and standards of review. Issue Preservation Successful appeals start at trial. We work with trial teams to preserve appellate issues. Written Advocacy Persuasive briefing is essential. We craft briefs that frame issues favorably and develop arguments that resonate. Oral Argument Oral argument addresses judges' concerns. We prepare thoroughly for argument and deliver effective presentations. Amicus Practice We prepare amicus briefs for trade associations and interested parties.Our Services
litigation
Federal registration and validity opinions
patent_litigation
Federal registration and validity opinions
employment_litigation
Federal registration and validity opinions
class-actions
Federal registration and validity opinions
Licensing & Transactions
Negotiate and draft license agreements
DMCA Services
Takedown notices and counter-notices
Enforcement
Cease and desist through litigation
Fair Use Analysis
Evaluate fair use defenses and risks
Music & Entertainment
Industry-specific copyright matters
Frequently Asked Questions
Generally, appeals may be taken from final judgments disposing of all claims against all parties. Limited interlocutory appeals are available for injunctions, class certification decisions, and orders certified under 28 U.S.C. § 1292(b) as involving controlling questions of law.
Standards vary by issue: legal questions are reviewed de novo, factual findings for clear error, discretionary decisions for abuse of discretion, and mixed questions under the standard appropriate to the predominant component. The standard significantly affects the likelihood of reversal.
In federal court, the notice of appeal must be filed within 30 days of judgment entry in civil cases. Post-trial motions toll the deadline. Missing the deadline is generally jurisdictional and cannot be cured, making timely filing critical.
Issues must be properly raised and objected to in the trial court to be preserved for appeal. This includes timely objections, motions, and offers of proof. Issues not preserved are reviewed only for plain error, a significantly harder standard to meet.
Reversal may result in remand for a new trial, entry of judgment for the appellant, or remand with instructions on specific issues. The scope of remand depends on the grounds for reversal and the appellate court's directions.
Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.
For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.
Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.
Our virtual legal services offer streamlined, cost-effective solutions for common copyright needs. Services like copyright registration, assignment agreements, and DMCA takedowns are available online with fixed, transparent pricing. You get the quality of a top IP firm with the convenience of digital delivery.
Related Matters
Represented streaming platform in landmark DMCA safe harbor case. Successfully defended client's safe harbor status while obtaining injunctive relief against repeat infringers, resulting in dismissal of $500M damages claim.
Prosecuted copyright infringement claims on behalf of professional photographers whose work was used without authorization. Secured significant damages award and implementation of improved licensing procedures.
Enforced copyright and trade dress rights in mobile game against clone applications. Obtained preliminary injunction and permanent removal of infringing apps from major app stores worldwide.
Cutting-edge case addressing use of copyrighted music in AI training datasets. Negotiated comprehensive licensing framework that allows continued AI development while protecting rightsholders' interests.
Prosecuted claims against former executive who copied proprietary source code to competitor. Established ownership under work-for-hire doctrine and obtained injunction plus damages for willful infringement.
Represented academic publisher in enforcement action against site hosting pirated textbooks. Implemented systematic takedown program and pursued contributory infringement claims against operators.
Get in Touch
Connect with our copyright team to discuss your matter
Practice Contacts
Michael Roberts
Sarah Kim
