Employment Litigation
Labor and Employment | LitigationOur Employment Litigation practice provides aggressive defense of workplace claims in courts, arbitration, and administrative proceedings, with extensive trial experience.
Overview
Aggressive Defense of Workplace Claims
Employment litigation requires experienced advocates who understand both legal issues and business context. MC Law's Employment Litigation practice provides vigorous defense across all types of employment claims.
Comprehensive Defense
We defend the full range of employment claims including discrimination, harassment, retaliation, wrongful termination, breach of contract, and tort claims arising from employment relationships.
Trial Experience We have tried employment cases to verdict in courts nationwide. Our trial experience informs case strategy from the outset. Class and Collective Actions Employment class actions threaten enterprise-wide exposure. We defend wage and hour collective actions, discrimination class actions, and ERISA class claims. Administrative Proceedings Many employment claims involve administrative agencies. We handle EEOC charges, DOL investigations, NLRB proceedings, and state agency matters. Arbitration Many employment disputes proceed through arbitration. We represent employers in single-plaintiff and class arbitrations. Appellate Practice We handle appeals in employment matters, protecting favorable outcomes and challenging adverse decisions.Our Services
labor_and_employment
Federal registration and validity opinions
discrimination
Federal registration and validity opinions
harassment
Federal registration and validity opinions
wage_and_hour_law
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
Common claims include discrimination, harassment, retaliation, wrongful termination, wage and hour violations, FMLA interference, ADA failure to accommodate, breach of employment contracts, trade secret misappropriation, and whistleblower retaliation.
Promptly investigate the allegations, preserve relevant documents, prepare a thorough position statement addressing each allegation, gather supporting documentation, and consider whether early resolution through mediation would be beneficial.
Employment cases typically proceed through filing, answer and initial disclosures, discovery including depositions, motion practice, mediation or settlement conferences, and trial if not resolved. Many cases also involve administrative proceedings before court litigation.
Preventive measures include compliant policies and handbooks, regular training, consistent documentation, prompt investigation of complaints, legal review of termination decisions, proper classification of workers, and accurate wage and hour practices.
Consider settlement when litigation costs may exceed exposure, when key facts are unfavorable, to avoid adverse precedent, when business disruption from litigation is significant, or when early resolution allows the company to move forward. Evaluate total cost including management time and reputational impact.
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
