Evidence
Litigation | ProcedureWe handle evidentiary issues including admissibility, authentication, expert testimony, and motions in limine to ensure favorable evidence comes in and harmful evidence stays out.
Overview
Managing Evidentiary Issues
Evidence determines trial outcomes. MC Law's Evidence practice handles all aspects of evidentiary presentation and exclusion.
Admissibility
Understanding admissibility rules is essential. We analyze evidentiary issues, identify admissibility challenges, and develop strategies for admission or exclusion.
Authentication Evidence must be authenticated. We develop authentication strategies for documents, electronic evidence, and other materials. We challenge authentication of opponent evidence. Expert Testimony Experts often provide crucial evidence. We work with experts to develop admissible testimony. We challenge expert reliability under Daubert and state equivalents. Motions in Limine Pre-trial rulings shape trials. We file motions in limine to exclude harmful evidence and respond to motions seeking to exclude our evidence. Hearsay Hearsay rules are complex. We identify hearsay issues, develop exception arguments, and challenge opponent hearsay. Privilege Privilege protects confidential communications. We assert and defend privileges, including attorney-client privilege and work product protection.Our Services
litigation
Federal registration and validity opinions
discovery
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
The Federal Rules of Evidence govern admissibility based on relevance, reliability, and fairness. Key rules address relevance, hearsay exclusions and exceptions, authentication requirements, expert testimony standards under Daubert, and privilege protections.
Hearsay is an out-of-court statement offered to prove the truth of the matter asserted. It is generally inadmissible unless it falls within a recognized exception such as business records, excited utterances, statements against interest, or prior testimony.
Under Daubert and Rule 702, courts assess whether expert testimony is based on sufficient facts, reliable principles and methods, and reliable application of those methods to the facts. Judges serve as gatekeepers to exclude unreliable expert opinions.
The best evidence rule requires the original document or recording to prove its contents, unless the original is unavailable through no fault of the proponent. Duplicates are generally admissible unless authenticity is questioned or admission would be unfair.
Evidence can be excluded through motions in limine before trial or objections during trial. Common grounds include irrelevance, unfair prejudice under Rule 403, hearsay without an applicable exception, lack of authentication, and failure to meet expert testimony standards.
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
