Ray Dowd, author of Wests acclaimed Copyright Litigation Handbook and a partner in Dunnington Bartholow & Miller LLP in New York City will take us through the pitfalls facing the legal practitioner called upon to write a cease-and-desist letter.
The situation: client wants a quick and dirty letter and doesnt want to pay much for it or think too hard on it. Is this a recipe for a cost-effective settlement? Or will it snowball into a professional embarrassment, with the client getting hit with a lawsuit in an inconvenient forum? Dowd, a seasoned litigator, takes us through the ethical, tactical and strategic considerations and choices to be considered before a practitioner sends a cease-and-desist letter. What warnings should you give the client before proceeding?
Would it be better to commence a local declaratory judgment action? Why or why not? What is the first-to-file rule and how can a practitioner try to craft a cease and desist letter to best balance the clients objectives. What are the risks of suit in a foreign jurisdiction by the recipient of a letter and how does one get out of the pickle without getting sanctioned? Is your cease-and-desist letter going to be publicly mocked by well-organized bloggers who have systematically attacked overreaching by IP owners?
Dowds Copyright Litigation Handbook is the first publication to deal seriously with the interplay of cease-and-desist letters and declaratory judgment actions, devoting attention to case law that rarely reaches the appellate level, but is of critical importance to the life of everyday practitioners.
The New York Law Journal called Dowds Copyright Litigation Handbook an indispensable guide and supplement to the ins and outs of copyright litigation
. Join us for a lively session on a hot topic. For more information on Copyright Litigation Handbook 2011 ed, please visit the Thomson Reuters Westlaw Store here.
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