Commencement and Pleadings
Litigation | ProcedureWe handle case initiation, complaint drafting, answers, counterclaims, and all aspects of pleadings to establish strong positions from the outset of litigation.
Overview
Starting Cases Strategically
Effective litigation begins with strategic case initiation. MC Law's Commencement and Pleadings practice handles all aspects of case filing and initial pleadings.
Case Initiation
We evaluate claims, select forums, and initiate litigation strategically. We consider jurisdictional options, timing, and procedural advantages in case initiation.
Complaint Drafting Complaints frame the case. We draft complaints that state claims clearly, preserve all theories, and position cases for success. We meet pleading standards while telling compelling stories. Answer and Defense Responsive pleadings preserve defenses. We draft answers that deny appropriate allegations, assert affirmative defenses, and preserve all defense theories. Counterclaims Affirmative claims strengthen defense positions. We identify and plead counterclaims that leverage defense positions and create settlement pressure. Amended Pleadings Cases evolve. We amend pleadings when appropriate to add claims, parties, or theories as discovery reveals new information. Pleading Challenges Defective pleadings can be dismissed. We file motions to dismiss challenging legal and factual sufficiency. We defend against such motions when our pleadings are challenged.Our Services
litigation
Federal registration and validity opinions
motions
Federal registration and validity opinions
discovery
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
Forum selection considers subject matter jurisdiction, personal jurisdiction over defendants, venue, strategic factors like local rules and jury pools, applicable law, and any forum selection clauses in relevant contracts. Federal versus state court choice can significantly affect case strategy.
Under federal pleading standards, a complaint must contain factual allegations that plausibly suggest each element of the claim. The Twombly-Iqbal standard requires more than conclusory statements or formulaic recitations of elements—specific factual content is needed.
A motion to dismiss challenges the legal sufficiency of the complaint without admitting facts, arguing the case should be dismissed for procedural defects or failure to state a claim. An answer responds to each allegation, raises affirmative defenses, and may include counterclaims.
File a counterclaim when the defendant has viable claims against the plaintiff arising from the same transaction or occurrence (compulsory counterclaims must be asserted or waived) or unrelated claims that can be strategically joined to create leverage or offset exposure.
Under federal rules, a party may amend once as a matter of right within 21 days of serving the pleading or 21 days after a responsive pleading. After that, amendment requires opposing party consent or court leave, which is freely given when justice requires.
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
