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Beware of the Torrent Defense Lawyer “settlement factory”

Posted by Steve Vondran | Dec 11, 2017 | 0 Comments

How to choose the best Bittorrent Law Firm – Yes, experience matters!

VIDEO:  Click on the image above to watch this VERY IMPORTANT introductory video. 

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.

While our firm handles many lawsuits of this nature, we take the time to look at the facts of each case, the net worth of the accused, the potential defenses, and other factors to make sure we are providing the BEST DEFENSE POSSIBLE for your case.

Dealing with Bandlow Law?

If you are dealing with this IP law from from California, realize, they are RUTHLESS. I say this from experience.  This lawyer says he teaches at U.S.C. and maybe that will make sense to some and garner a measure of respect, but this guy is RUTHLESS (after being sanction by a judge as noted by the link below) it appears he is now on his own (working with his wife from what we understand). 

I think there is so much to recover in the cases that he took the risk to separate from BIGLAW and stake out his claim to go after infringers (many are minorities who do no understand the laws of the United States), but do not think this will stop them as he has compared movie downloaders to MURDERERS in an email sent to my firm.

I was pretty shocked, but not surprised as he is now forced to make a living for himself after departing Fox Rothschild, a pre-eminent IP firm and trying to make his own fortune.

Makes me wonder why they actually parted ways? 

Maybe a prestigious law firm did not want to be involved in trying to make poor people suffer? 

At any rate, we will continue to fight these copyright collection attorneys regardless of their corporate identity or the fact that they are now on their own trying to make it rich, 

In my opinion as a torrent defense lawyer, firms like this are all PREYING on good and decent people and should be ASHAMED of themselves and their PREDATORY (perhaps racist) behaviour. 

This from a guy that teaches at the college level. Makes me wonder what on earth he is actually teaching?  How to BLEED PEOPLE OUT?  What an attractive quality.

https://www.law.com/2019/05/07/partner-representing-litigious-porn-company-leaves-fox-rothschild/

https://www.law.com/2019/02/28/judge-sanctions-fox-rothschild-partner-in-porn-copyright-cases/

You have to fight these types of people with all you have.  They are trying to WRECK YOUR LIFE and frankly they do NOT GIVE A SHIT.  You would think a "professor" would be a bit beyond this, but no.  Call us, we can help.

Listen to Attorney Steve® explain how to argue INNOCENT COPYRIGHT INFRINGEMENT and save a TON of MONEY on settlements

No other attorney or law firm brings you this kind of information.  Help us by SUBSCRIBING and SHARING OUR VIDEOS.  Go ahead.  We are closing in on 15k subscribers and 2 MIL video views.  Thank you!

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 software, music or 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 (lots of attention and lots of "love"), naturally you can expect a high legal bill under this approach. 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 illegal, I would say this approach is best if you don't mind paying a large legal bill to resolve your torrent download dispute.  But why do that when we can offer you the best representation for a LOW FLAT RATE ONE TIME FEE?

Again, I would approach these situations cautiously and know what you are getting into if you feel compelled to hire a BIGLAW firm or a firm that likes to bill their time hourly.  You should ask these types of firms how much they think the overall bill will be. Make them put it in writing (I doubt they will).

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 at any time during the case.

Top 10 questions to ask your copyright lawyer

Here are some of the key questions you should be asking your P2P internet movie download defense lawyer.  Note that this is not an exclusive list. 

  1. How many Torrent cases have your handled?  We have appeared in over 110+ federal court infringement cases.  Not too many match up to this figure.
  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 litigating ex. (for example, a motion to dismiss based on Cobbler Nevada)
  4. Do you have any Client reviews?  We have over 50 (all 5 star 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 they 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).  In-house corporate lawyers likely have no clue how to succeed in a torrent p2p defense case.
  7. Will settlement be confidential?  We make sure your best interests are protected at all stages of the case.  
  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?  We have been in practice since 2004.
  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 such as movie piracy)?  Yes, our legal video channel is approaching TWO million views and 15,000 subscribers.  We love what we do, and we are not afraid to have our work "peer reviewed" or criticized by other lawyers (which has never really happened).  Check it out and make sure to SUBSCRIBE!

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). If a law firm GUARANTEES YOU any type of particular settlement, ASK THEM TO PUT IT IN WRITING AND PAY THE DIFFERENCE IF THEY ARE WRONG.  Do not be CONNED by false promises of settlement amounts.  There is no "one-size-fits-all" settlement.  Many factors are routinely taken into account in these types of cases:

Here is a great video from our IP youtube channel which discusses settlement factors that are considered.

Many settlements with Strike 3 are over $10,000.  They are ruthless and greedy in my opinion and do not have much of a HEART (they sell porn after all), so it is important to know what your legal rights are, and to have your case examined by an experienced internet torrent copyright law firm.  Our initial consults are always fee.  Just call us at (877) 276-5084 or fill out the contact form and we will contact you at a time convenient to you.  No pressure.  Just options.

What is the Motion to Quash the Subpoena?

VIDEO:  Click on the image above to watch this video.  Make sure to SUBSCRIBE to our legal channel which now has nearly 15,000 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.

Top 10 Most Important VIDEO Resources (Make sure to SUBSCRIBE – Be Smarter Than Your Friends!!!)

  1. Overview of Bittorent lawsuit process (this will let you know what's going on)
  2. Bittorrent defense law firm "guarantee trap"
  3. ME2 Mechanic Resurrection Lawsuits
  4. FlavaWorks lawsuits
  5. Malibu Media Lawsuits
  6. Prevailing Defendants can seek their Attorney Fees
  7. What if I ignore the lawsuit?
  8. What is a motion to quash subpoena?
  9. Strike 3 Strikes Out
  10. Overview of potential "worst case" damages in Torrent lawsuits

Strike 3 Holdings Adult Porn Lawsuits

Strike Three is filing a bunch of lawsuits up and down the state of California in both the Central District and Northern District.  There is a HUGE advantage to hiring a California based law firm (we are one of the few that actually have significant legal experience) and we have offices in San Francisco, San Diego, Santa Monica, and Newport Beach.  For one, if Strike 3 or Malibu knows your law firm is out of state (for ex. an Illinois torrent lawyer), they know it is not likely they will want to fly out and show up in federal court in Los Angeles, or in the bay area.  We will be there to fight them.  Out-of-state counsel can easily be coerced into a "settlement" that is in "your best interest" so that they do not have to jump on a plane.  We are ready to fight for you in California (up and down the state).

Here are a couple of VIDEOS that might help you if you received an ISP notice alleging illegal movie downloading:

  1. Strike Three filings in mass in California
  2. A one hour deposition may clear your name
  3. Overview video

If you received a notice of lawsuit from BANDLOW LAW call us to discuss. We do not charge for an initial discussion that will seek to answer your important questions. 

We have helped many clients avoid “shame settlements” in Malibu Media and Strike three cases so give us a call or shoot us an email through our contact form to discuss your case.  If you can send the case #, that would be appreciated.

Cases filed by Bandlow Law Firm (Strike 3 Holdings cases)

Fox Rothschild used to handle the Strike 3 Holdings adult pornography cases (Tushy, Blacked and Vixen), now the new firm in town is Bandlow Law Firm.  This firm files many cases in California including Southern District (small percentage), Central and Northern District of California (larger percentage of cases) and Colorado.  Here are some of the cases filed:

3:19-cv-03873

3:19-cv-03735

1:19-cv-01803

8:19-cv-00938

3:19-cv-03870

3:19-cv-03849

4:19-cv-03699

4:19-cv-03703

3:19-cv-03690

1:19-cv-01680

1:19-cv-01684

2:19-cv-02322

3:19-cv-04227

3:19-cv-02840

3:19-cv-03733

5:19-cv-03697

5:19-cv-03700

3:19-cv-03687

3:19-cv-03671

5:19-cv-03670

4:19-cv-02870

3:19-cv-03684

5:19-cv-03681

5:19-cv-03672

3:19-cv-02872

3:19-cv-02866

8:19-cv-00937

2:19-cv-02326

3:19-cv-04233

4:19-cv-03698

5:19-cv-03702

5:19-cv-03669

5:19-cv-01653

4:19-cv-02903

3:19-cv-04231

1:19-cv-01779

1:19-cv-01683

1:19-cv-01685

1:19-cv-01686

1:19-cv-01679

1:19-cv-01681

5:19-cv-00924

5:19-cv-00921

5:19-cv-00043

5:19-cv-00940

8:19-cv-00397

8:19-cv-00398

3:19-cv-03869

5:19-cv-02902

5:19-cv-02875

4:19-cv-02867

5:19-cv-02839

1:19-cv-02099

4:19-cv-00938

5:19-cv-04256

4:19-cv-02868

3:19-cv-00723

3:19-cv-02874

3:19-cv-02833

4:19-cv-03847

3:19-cv-02905

5:19-cv-02873

3:19-cv-02811

3:19-cv-01665

1:19-cv-01687

1:19-cv-01682

8:19-cv-00939

8:19-cv-00933

5:19-cv-00917

8:19-cv-00140

8:19-cv-00043

3:19-cv-02837

8:19-cv-00936

8:19-cv-00935

8:19-cv-00334

8:19-cv-00934

5:19-cv-00925

5:19-cv-00923

5:19-cv-00918

3:19-cv-04255

3:19-cv-03848

5:19-cv-00037

1:19-cv-02097

1:19-cv-02098

1:19-cv-02096

1:19-cv-02095

1:19-cv-02094

1:19-cv-02093

1:19-cv-02092

1:19-cv-02091

2:19-cv-02323

8:19-cv-00335

4:19-cv-00860

5:19-cv-01663

3:19-cv-01101

8:19-cv-00400

4:19-cv-03705

8:19-cv-00137

3:19-cv-03704

3:19-cv-00722

8:19-cv-00152

8:19-cv-00147

8:19-cv-00136

8:19-cv-00044

1:19-cv-01808

1:19-cv-01807

1:19-cv-01805

1:19-cv-01806

1:19-cv-01801

1:19-cv-01804

1:19-cv-01787

1:19-cv-01786

1:19-cv-01785

1:19-cv-01784

1:19-cv-01778

1:19-cv-01776

5:19-cv-00551

8:19-cv-00336

4:19-cv-00864

8:19-cv-00396

8:19-cv-00139

8:19-cv-00151

3:19-cv-00724

3:19-cv-01662

2:19-cv-02327

8:19-cv-00590

2:19-cv-02324

2:19-cv-02325

8:19-cv-00591

5:19-cv-00550

2:19-cv-02321

5:19-cv-00045

4:19-cv-01660

3:19-cv-00230

3:19-cv-00727

3:19-cv-00080

3:19-cv-00079

3:19-cv-00074

5:19-cv-01098

8:19-cv-00337

5:19-cv-00041

3:19-cv-00863

3:19-cv-00073

5:19-cv-01094

8:19-cv-00036

8:19-cv-00038

5:19-cv-00039

3:19-cv-00072

8:19-cv-00045

8:19-cv-00040

8:19-cv-00041

8:19-cv-00046

5:19-cv-00038

3:19-cv-00075

If you received a letter (or more likely the first notice comes in the form of a SUBPOENA from your ISP, there are some very important things to consider:

1.  Call a BitTorrent Litigation law firm BEFORE you even think about contacting them for settlement (or to deny you did any downloading).

2.  IMMEDIATELY STOP DOWNLOADING.  Some companies like Malibu Media will continue to "rack up the infringements" and check with their investigators as the case progresses (this will cost you more).

3.  Do not destroy evidence (if you are found to be spoiling, destroying or altering evidence - such as "wiping" or "bleaching" your hard-drive, this could cause HUGE problems if an expert finds out and this is exposed at trial).  For example, there was the Malibu Media "Bellwether trial" that cost one Defendant almost 250k in damages and attorney fees.

4.  Check your social media profiles (new tactics we have seen include Strike 3 Holdings seeking to overcome the "Cobbler hurdle" by looking at your social media accounts to see if they can match other downloads to your "likes" and "interests" on facebook for example.

5.  Do NOT accept any invitations on LINKED IN or FACEBOOK or TWITTER from someone that appears to be a porn star (female).  We cannot confirm, but we have documented potential evidence that Strike 3 Holdings MAY have a porn star try to contact you on social media after they get your name.  Why?  If true, possible reasons:

a.  To get you to accept an invitation from a porn star (does this indicate a preference for porn)?

b.  To get you to engage in a conversation (ex. "hey, I saw you in that video from Strike 3")

c.  To be able to more fully scope out your likes, interests, history, etc.

d.  Other reasons??

Contact our Copyright infringement defense lawyer

We have been defending Strike 3 Clients and have appeared in over 110 federal court cases involving copyright infringement claims.  We have been litigating since 2004 when our firm was established.  If you are being sued in California, there are very important reasons to have a California firm represent you.  If you have to fly out for a court hearing, for example, opposing counsel will know this and may use it against you.   In California and Arizona (two states we are licensed to practice in), we are a leading firm in the are of BitTorrent litigation.

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 (especially an out of state law firm), give us a call and we can walk you through the general process, discuss your options, and answer your other important 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 that seeks to make your life miserable and seek a high settlement, or help you respond to a cease and desist letter or related legal demand. 

You can check out our Avvo past client reviews here.

Call us at (877) 276-5084 or email us through the contact form. 

AS WE LIKE TO SAY - You Click, We Defend® 

- Attorney Steve® - 

About the Author

Steve Vondran

Thank you for viewing our blogs, videos and podcasts. As noted, all information on this website is Attorney Advertising. Decisions to hire an attorney should never be based on advertising alone. Any past results discussed herein do not guarantee or predict any future results. All blogs are written by Steve Vondran, Esq. unless otherwise indicated. Our firm handles a wide variety of intellectual property and entertainment law cases from music and video law, Youtube disputes, DMCA litigation, copyright infringement cases involving software licensing disputes (ex. BSA, SIIA, Siemens, Autodesk, Vero, CNC, VB Conversion and others), torrent internet file-sharing (Strike 3 and Malibu Media), California right of publicity, TV Signal Piracy, and many other types of IP, piracy, technology, and social media disputes. Call us at (877) 276-5084. AZ Bar Lic. #025911 CA. Bar Lic. #232337

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