Case Studies

Increased settlement amount by 500% after copyright infringer declined to sign a Settlement Agreement

Tannenbaum Helpern's counsel Andrew Berger was approached by a long time client who had negotiated a $50,000 settlement in a copyright infringement dispute with an international publisher. The client sought Andrew's help to prepare a reasonable settlement agreement. When the publisher declined to enter into that agreement, Andrew sued the publisher and a related party for copyright infringement. Andrew significantly increased the publisher's exposure by adding violations of the Digital Millennium Copyright Act to the complaint. Mr. Berger also convinced the related party (who wanted to be released from the case) to voluntarily produce documents that aided the claims against the publisher. Before the initial pre-trial conference, the publisher began settlement discussions which continued over a two-month period leading to a resolution without the parties ever having to appear in court.

Andrew was able to negotiate a settlement for the client that was 5 times the amount the client was willing to settle for before the client retained Andrew. The factors leading to this outcome were the extensive copyright and litigation knowledge and long-time experience of the THSH attorney involved in the matter.

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