General Litigation
Commercial | Commercial LitigationOur general litigation practice handles a wide range of business disputes including contract claims, business torts, and partnership disputes.
Overview
Resolving Business Disputes
Business disputes require skilled advocates who can adapt to varied subject matter. MC Law's General Litigation practice handles commercial disputes across industries.
Contract Disputes
We handle breach of contract claims, interpretation disputes, and remedies including damages and specific performance.
Business Torts We handle tortious interference, unfair competition, fraud, and other business tort claims. Partnership and Shareholder Disputes We represent parties in partnership dissolution, shareholder disputes, and fiduciary duty claims. Real Estate Litigation We handle lease disputes, purchase agreement claims, and title issues. Construction Disputes We handle delay and disruption claims, defect disputes, and payment issues. Commercial Arbitration We represent clients in commercial arbitrations under AAA, JAMS, and other rules.Our Services
litigation
Federal registration and validity opinions
class-actions
Federal registration and validity opinions
appeals
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
Commercial litigation encompasses disputes arising from business relationships including breach of contract, business torts, partnership disputes, corporate governance issues, real estate conflicts, and unfair competition claims. It requires understanding of both legal principles and business context.
Evaluation considers the strength of legal claims and defenses, potential damages exposure, litigation costs and timeline, business relationships at stake, precedent implications, management distraction, and the availability of insurance coverage. Early case assessment helps inform this analysis.
ADR includes mediation, where a neutral facilitates settlement; arbitration, where a neutral renders a binding decision; and hybrid processes like med-arb. ADR can reduce costs, preserve relationships, and provide faster resolution than traditional litigation.
Demand letters are appropriate when you want to establish a record, trigger insurance obligations, satisfy contractual notice requirements, or attempt resolution before incurring litigation costs. They should be carefully crafted to preserve legal positions without making inadvisable admissions.
Consider subject matter expertise, trial experience, familiarity with the relevant jurisdiction and judges, staffing and resources, fee structure, communication style, and track record with similar cases. The right fit depends on the case's complexity, value, and strategic needs.
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