Litigation
Litigation | General LitigationOur Litigation practice represents clients in complex commercial disputes, IP litigation, employment matters, and other high-stakes litigation in federal and state courts, arbitration, and administrative proceedings.
Overview
Resolving High-Stakes Disputes
When disputes cannot be avoided, effective litigation requires skilled advocates who combine legal expertise with strategic judgment. MC Law's Litigation practice represents clients in complex commercial disputes, IP matters, employment litigation, and other high-stakes proceedings.
Comprehensive Litigation Services
We handle disputes from initial assessment through trial and appeal. Our services include case evaluation and strategy development, pleadings and motion practice, discovery management, expert preparation, trial presentation, and appellate advocacy.
Commercial Litigation Business disputes require advocates who understand commercial context. We handle contract disputes, business torts, partnership and shareholder disputes, fraud claims, and other commercial matters. Intellectual Property Litigation IP disputes often involve our clients' most valuable assets. We handle patent infringement, trademark disputes, copyright claims, trade secret misappropriation, and other IP litigation. Employment Litigation Workplace disputes threaten legal liability and business operations. We defend discrimination, harassment, wage and hour, and other employment claims. Class Actions Class litigation creates enterprise-wide exposure. We defend consumer, securities, employment, and other class actions. Alternative Dispute Resolution Not all disputes require full litigation. We represent clients in mediation and arbitration proceedings, leveraging alternative forums to achieve efficient resolution.Our Services
patent_litigation
Federal registration and validity opinions
trademark-litigation
Federal registration and validity opinions
copyright-litigation
Federal registration and validity opinions
employment_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
A broad litigation practice handles commercial disputes, breach of contract, business torts, IP disputes, employment matters, real estate litigation, regulatory enforcement, and other civil matters in federal and state courts, arbitration, and administrative proceedings.
Preserve all relevant documents and electronic data, identify key witnesses, review applicable contracts and insurance coverage, assess strengths and weaknesses objectively, consider pre-suit resolution approaches, and engage experienced litigation counsel early.
Litigation occurs in public courts with formal rules, jury trials, broad discovery, and appeal rights. Arbitration is a private process with more limited discovery, no jury, limited appeal rights, and typically faster resolution. The choice depends on the contract terms and strategic considerations.
Federal cases average 18 to 36 months from filing to trial, though many are resolved earlier through settlement or dispositive motions. Complex matters and appeals can extend timelines significantly. State court timelines vary widely by jurisdiction.
Cost management strategies include early case assessment, phased budgeting, e-discovery cost controls, strategic motion practice to narrow issues, mediation and settlement negotiations, and alternative fee arrangements. Discovery typically represents the largest litigation cost.
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
