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Winston & Strawn

Winston & Strawn LLP is the law firm defending Axanar Productions Inc., and its producer, Alec Peters in the copyright infringement lawsuit brought against them by CBS Studios and Paramount Pictures in connection with the films Prelude to Axanar and Axanar.

Pro Bono Representation

Winston & Strawn signed Axanar and Peters as {!pro bono:Latin, pro bono publico, for public good — service provided without charge}} clients on January 21, 2016. Erin Ranahan is the firm’s lead attorney in the case.

Peters welcomed the prospect of being represented by Winston, known as one of the country’s top intellectual property law firms. He said:

“We’re pleased to have our case taken up by Winston & Strawn,” said Peters. “The knowledge, credibility and reputation they bring to this matter will certainly help us work things out with CBS and Paramount in a professional manner and, we hope, to a mutual benefit so we can go on and make a Star Trek film fans have told us they want to see.”1)

Limited Pro Bono

According to its announcement, Winston’s pro bono arrangement with Axanar only covers its attorneys’ hourly rates. It does not include any third-party or non-personnel expenses, which may prove substantial. Additionally, in civil cases, the losing side is liable for the legal expenses of the victor, and such fees are part of the damages sought by CBS and Paramount.

Intellectual Property Practice

Winston intellectual property attorney Erin Ranahan

According to its website, Winston’s intellectual property practice has more than 200 attorneys and is one of the most active and highly regarded in the country, selected as a finalist for the American Lawyer’s 2014 IP Litigation Department of the Year.

“What is striking about our practice is that we are at the cutting edge of not just the high-tech, biotech, pharmaceutical, or new media industries, and not just patent litigation, ITC Section 337 investigations, copyright, trademark, or privacy and advertising law, but all of the above.”2)

The following sections, Second Legal Team? and Representing the ‘Does’, feature opinion or informed speculation.

In an interview with 1701News, Peters said he was in talks with a second legal team who may join the case.3) He did not elaborate on the firm or why they would join, leaving some to speculate.

Representing the 'Does'

This selfie posted on the Axanar website features defendant Alec Peters, attorney Erin Ranahan (left) and her associate.

Might Winston & Strawn represent any of the {!Does:Short for ‘John Does,’ meaning unnamed defendants}}?

Likely not, as the up-to-20 unnamed defendants may end up having different interests to defend than do Peters or Axanar, presenting conflicts of interest requiring them to seek their own legal representation.

However, that puts the burden on those unnamed defendants for paying for their own counsel, even as they remain ‬personally and financially liable for some measure of damages the studios seek in the lawsuit. That may create an opening for CBS to co-opt these defendants to testify against Axanar‭.

Opposing Counsel

The plaintiffs are represented by Loeb & Loeb. Its lead attorney on the case is Jonathan Zavin.


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