Intellectual Property | Copyright Infringement | Technology | Software

Beware of the Torrent Defense Lawyer “settlement factory”

Dec 11th, 2017 | By | Category: Bittorrent Defense

How to choose the best Bittorrent Law Firm

best torrent defense law firm

Introduction

There are a lot of newcomers to the Torrent Defense field (illegal file sharing of movies and software on the internet) and this blog is to give you a few things to think about when selecting a copyright lawyer to defend your case.  Getting a notice of subpoena from your ISP can be nerve wracking, and when that happens you have a lot of questions and you want honest answers.  Our firm can get you these answers, but there are many firms that I see lately that are apparent newcomers to this field and as a potential client you need to make sure you chose the best firm to represent you.  Here are some questions you should be asking of any firm you seek to hire to defend you in a copyright litigation case.

What is a “settlement factory”

A settlement factory can be thought of like a giant assembly line where every case essentially gets treated the same way.  Such a firm may have a process in place that they don’t want to mess with, particularly because it is fast and cheap and maximizes profits for the IP law firm.  However, this “cookie cutter approach” to settlement can have pitfalls in that you may not be getting the specialized attention that your case deserves.  These “high volume” firms can mean well, but this approach may not fully explain all your rights, or take into account factors that may help you reduce the amount of damages and penalties you end up paying in a case.  Our law firm takes a “case by case” approach.  Every case is different and depends upon its own facts.  My best advice is you should approach a high volume settlement firm with caution.

What about the IP law firm that “Bills” its time?

This is another potential problem.  You may place a call to a big law firm that specializes in movie piracy cases and they may literally scare the heck out of you with fears of personal or criminal copyright liability, and they may offer to put two or three attorneys on your case.  While this may be a fine approach, naturally you can expect a high legal bill.  Under this billable hour approach, unfortunately there is a natural inclination for a law firm to drag the case on, which of course will result in a high legal fee.  While this approach may not be improper, I would say this approach is best if you don’t mind paying a large legal bill to resolve your torrent download dispute.  Again, I would approach these situations cautiously and know what you are getting into.  Ask these types of firms how much they think the overall bill will be.  Our firm, on the other hand, takes these cases on affordable flat rate legal fees.  In other words, you know exactly what you will be paying to resolve your infringement problem, and there will be NO SURPRISE LEGAL BILLS.

Top 10 questions to ask your copyright lawyer

Here are some of the key questions you should be asking your P2P defense lawyer.  Note that this is not an exclusive list.  Also, click on some of the links I have provided to view our videos from our popular youtube channel and other links to valuable resources.

  1. How many Torrent cases have your handled?
  2. Do you have experience litigating cases in federal court?
  3. Are you able to explain the pros and cons of settling a case vs ignoring the torrent ISP notice?
  4. Do you have any Client reviews?
  5. Are you able to explain what the typical copyright damages could be?
  6. If you are dealing with a “corporate lawyer” or business attorney, have you ever handled a copyright case before? (this is a unique area of the law, and handling torrent defense work is a niche area of copyright law requiring special skill and knowledge
  7. Will settlement be confidential?
  8. Will the case be dismissed with prejudice or dismissed without prejudice (and what is the difference)?
  9. How long have you been licensed as an attorney?
  10. Do you have any other evidence of your skill and passion for this area of law (for example, a youtube channel that explains important legal concepts)?

These are some of the most common questions I would be asking if I received a letter from my ISP (such as Comcast, Verizon, AT&T or Cox).

What is the Motion to Quash the Subpoena?

subpoena notice ISP

VIDEO:  Click on the image above to watch this video.  Make sure to SUBSCRIBE to our legal channel which now has nearly 5,000 subscribers.

It is important to note that the Motion to Quash is not a big winner in most cases.  Your torrent piracy counsel should be able to discuss the pros and cons of filing a motion to quash with you (one of the biggest downfalls being that if you lose the motion, you have forced opposing counsel to incur legal fees that will likely be sought to be added onto your settlement).  So you don’t want to file a motion to squash the subpoena unless you have really good chance of winning.  One of the best grounds to quash would be where you are out of the jurisdiction of the court.

Important VIDEO resources

  1. Overview of Bittorent lawsuit process (will let you know what’s going on)
  2. Our Bittorent Defense Resource Center
  3. ME2 Mechanic Resurrection Lawsuits
  4. FlavaWorks lawsuits
  5. Malibu Media Lawsuits
  6. Strike 3 Holdings, LLC – adult porn cases

Contact our Copyright infringement defense lawyer

If you have concerns over dealing with a law firm that handles theses cases on a “volume” basis and who may be rushing you to an anonymous settlement, give us a call and we can walk you through the general process, discuss your options, and answer your other questions.  We are not a high pressure law firm like some others. We are here to help you understand the process and deal with the federal lawsuit or help you respond to a cease and desist letter or legal demand.  Call us at (877) 276-5084.  As we like to say, You Click, We Defend®

 

 

 

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We are a business and civil litigation firm with a focus on copyright infringement cases involving illegal movie downloads (torrent cases such as London Has Fallen, ME2 Productions and Malibu Media defense), software audits (ex. Microsoft audits, SPLA, Autodesk audit notification letter, Siemens PLM defense, SIIA, Adobe and Business Software Alliance defense) and other software vendors threatening piracy and infringement. We also handle cases involving internet law, anti-SLAPP, media law, right of publicity, trademarks & domain name infringement, and we have a niche practice area handling California BRE licensing disputes, accusations, subpoena response, statement of issues and investigations. We have offices in San Francisco, Beverly Hills, Newport Beach, San Diego & Phoenix, Arizona and accept federal copyright and trademark cases nationwide. All content on our website is general legal information only and not a substitute for legal advice, and should not be relied upon. Decisions to hire counsel should not be based on advertising alone. Blogs, videos and podcasts are authored by Steve Vondran, Esq. unless otherwise noted. We can be reached at (877) 276-5084.

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