Arbitration
Litigation | ADRWe represent clients in domestic commercial arbitrations under AAA, JAMS, and other rules, providing effective advocacy in this alternative forum.
Overview
Effective Advocacy in Alternative Forums
Arbitration provides an alternative to court litigation for dispute resolution. MC Law's Arbitration practice represents clients effectively in domestic arbitration proceedings.
Commercial Arbitration
We handle commercial arbitrations under AAA, JAMS, and other institutional rules. We adapt litigation strategies to arbitral procedure.
Employment Arbitration Many employment disputes are arbitrated. We represent employers in individual and class arbitrations. Consumer Arbitration Consumer contracts often require arbitration. We handle consumer arbitrations and class arbitration waivers. Arbitration Strategy Arbitration differs from litigation. We develop strategies suited to arbitral procedure and decision-makers. Enforcement and Challenge Arbitration awards require enforcement. We confirm awards in court and challenge awards when grounds exist. Arbitration Agreements Effective arbitration starts with proper clauses. We draft and enforce arbitration agreements.Our Services
litigation
Federal registration and validity opinions
general-litigation
Federal registration and validity opinions
employment_litigation
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
Domestic arbitration is a private dispute resolution process where parties submit their dispute to one or more neutral arbitrators for a binding decision. It is governed by the Federal Arbitration Act and state arbitration statutes, and is commonly used for commercial, employment, and consumer disputes.
Advantages include typically faster resolution, party selection of decision-makers with subject matter expertise, procedural flexibility, confidentiality, limited discovery reducing costs, and finality with limited grounds for appeal.
Considerations include the provider's arbitrator roster, administrative fees, procedural rules, case management capabilities, geographic coverage, and experience with the specific type of dispute. AAA is the largest provider, while JAMS is known for experienced neutrals.
Judicial review of arbitration awards is extremely limited under the Federal Arbitration Act. Courts may vacate awards only for corruption, evident partiality, arbitrator misconduct, or excess of authority. Some providers offer optional appellate arbitration procedures.
Arbitration can be less expensive due to streamlined procedures and limited discovery, but arbitrator fees and institutional costs can offset savings. Cost effectiveness depends on case complexity, the arbitration agreement's procedural provisions, and the parties' approach to the proceedings.
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
