Discovery
Litigation | ProcedureWe manage all aspects of litigation discovery including document production, depositions, interrogatories, and e-discovery to build strong cases while controlling costs.
Overview
Managing Complex Litigation Discovery
Discovery often determines litigation outcomes and drives litigation costs. MC Law's Discovery practice manages all aspects of the discovery process.
E-Discovery
Electronic discovery presents significant challenges. We develop ESI protocols, manage document collection and processing, and implement technology-assisted review.
Document Production We manage document productions in complex litigation. We develop search methodologies, review documents for relevance and privilege, and produce documents appropriately. Depositions Depositions provide critical evidence. We take effective depositions and prepare witnesses for deposition. Written Discovery We draft interrogatories, requests for production, and requests for admission. We prepare responses that comply with obligations while protecting client interests. Discovery Disputes We file and defend discovery motions, appearing at discovery conferences and hearings. We pursue sanctions when opponents fail to comply. Privilege Protection Privilege must be protected throughout discovery. We develop privilege logs and handle privilege disputes.Our Services
litigation
Federal registration and validity opinions
evidence
Federal registration and validity opinions
trial-post-trial
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
Federal discovery allows parties to obtain information that is relevant to any party's claim or defense and proportional to the needs of the case. The court considers the importance of the issues, the amount in controversy, the parties' resources, and the burden of discovery.
E-discovery involves the identification, preservation, collection, processing, review, and production of electronically stored information. It often represents the largest discovery cost and requires early planning for litigation holds, ESI protocols, and technology-assisted review.
A litigation hold is a directive to preserve potentially relevant documents and ESI when litigation is reasonably anticipated. It must be implemented promptly, communicated to all relevant custodians, and monitored for compliance. Failure to preserve can result in sanctions.
Strategies include creating and maintaining privilege logs, entering into clawback agreements under Rule 502(d) for inadvertent production, using privilege review protocols, and obtaining protective orders for sensitive information. Early privilege review planning reduces risk and cost.
Courts may impose sanctions ranging from compelling disclosure and awarding fees to striking pleadings, entering adverse inference instructions, or dismissing claims. Proportionality of sanctions depends on the degree of fault and resulting prejudice.
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
