Class Actions
Litigation | Complex LitigationWe defend companies against class action litigation including consumer, securities, employment, and privacy class actions, focusing on defeating certification.
Overview
Defending Against Aggregate Litigation
Class actions aggregate claims into high-stakes litigation that threatens enterprise value. MC Law's Class Actions practice defends companies against class claims.
Class Certification Defense
Certification often determines case outcome. We develop rigorous challenges to class certification, attacking commonality, typicality, adequacy, and predominance.
Consumer Class Actions We defend consumer class claims including product liability, false advertising, consumer protection, and privacy class actions. Securities Class Actions We defend securities fraud class actions, developing loss causation and damages defenses. Employment Class Actions We defend wage and hour class actions, discrimination pattern and practice claims, and ERISA class litigation. Multidistrict Litigation We represent defendants in MDL proceedings and coordinate defense strategy. Settlement Strategy We negotiate class settlements that resolve exposure fairly and receive court approval.Our Services
litigation
Federal registration and validity opinions
employment_litigation
Federal registration and validity opinions
securities-litigation-enforcement
Federal registration and validity opinions
antitrust-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
Plaintiffs must satisfy Rule 23(a) requirements of numerosity, commonality, typicality, and adequacy of representation, plus fit within a Rule 23(b) category—most commonly predominance and superiority for damages classes or injunctive relief classes.
Defense strategies include demonstrating individual issues predominate over common ones, challenging the typicality or adequacy of the class representative, showing the class is not ascertainable, attacking the methodology of plaintiffs' common proof, and presenting evidence of individual damages variations.
Class certification dramatically increases settlement value by aggregating claims and creating existential litigation risk. Even cases with relatively small individual damages become extremely valuable as class actions, which is why certification is often the decisive battleground.
Defenses include challenging class certification, removing to federal court under CAFA, asserting individual arbitration agreements, pursuing early dispositive motions, and defending on the merits. Strategic use of these tools can narrow or eliminate class exposure.
The Class Action Fairness Act provides federal jurisdiction over class actions with minimal diversity and aggregate claims exceeding $5 million. CAFA expanded federal court access for defendants, providing a generally more favorable forum for class action defense.
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
