During TitleVII litigation, can a defendant's attorney threaten Copyright litigation, then offer to drop if Title VII is droped?

During the period of awaiting Summary judgement (Title VII violation charges), a defendants legal staff (On-Payroll legal staff) and the firm which represents the defendant in Federal court are well documented as planning during discovery to find alledged Copyright violations against plaintiff for the purpose of leverage against plaintiff's Title VII pending litigation. During the time period of awaiting summary judgement the defendant's On-payroll attorney drafted and delivered 3 letters to the principles of another company (1 of 4 principles was the plaintiff in the Title VII charges). The EEOC having already found in favor of the plaintiff for race discrimination as well as retalitory actions of the defendant, by way of termination of employement after plaintiff filed with the EEOC.

The defendant's alledged Copyright letters demanded money and threatened litigation for alledged Copyright violations. Each of the threating letters were "cc'ed" to the attorney of the firm representing defandant in Federal Court (Title VII action). The attorney representing defentant in Federal Court, conducted quesitoning (during Title VII discovery) directly to the subjects of Copyrighted materials. This same attorney is well documented as having communicated during the early portion of discovery to uncover alledged Copyright violations to use as leverage against plaintiff's the Title VII charges.

The 3rd of the three letters from the defendants On-payroll attorney stated that the option to litigate the 4 principles, for the alleged Copyright violations, was not withdrawn and were not closed.

The attorney (outside firm representing defendant in Federal Court) offered a swap of dropping Copyright threatened copyright litigation (by On-payroll attorney), if the plaintiff would drop the Title VII charges while awaiting Summary judgement. This offer was after the 4 principles had received the 3rd letter from the defendants On-Payroll attorney.

Is this lawful with respect to the actions of the attorney representing the defandent in Federal Court as well as the attorney which is employed (on-payroll)? The attorney employed (on-payroll) has been working directly with outside attorney from start to end of the Title VII charges and is assumed to be the primary responsibility of as an employee of the defendant (labor law - not copyright).

Is this possibly considered continued retalitory action against the plaintiff, that should be filed with the EEOC? The 4 principles have responded to the letters from the defendant with respect to alledged copyright violations. The defendant's company has not litigated the alledged copyright violations.
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Answers (3)

John Joseph Miravich

John Joseph Miravich

Contributor Level 5
If there is a colorable claim for copyright violation, yes
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George

The defendant sold the materials in question to a third company. The defendant holds a copy of an agreement between third company and the 4 principles which allow the 4 principles to utilize all the information this third company publishes through it's website. The defendants after receipt of agreement continue to hold the threat of litigation over the 4 principles. The 4 principles have never used the materials in question nor sold/delivered this disputed material to any clients. The threat of litigation by the multi-Billion dollar company (defendant) still holds the Title VII plantiff in fear of moving forward with the litigation.

Is this threat an extenstion of retalitory action that must be reported to the EEOC?
Without "colorage" is the actions of the defenant's legal representation unlawful?
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Ronald Anthony Sarno

Ronald Anthony Sarno

Contributor Level 9
George
I am responding to your inquiry posted after the first answer. There is nothing improper in see sawing back and forth about what litigation will be added or substracted from a lawsuit. There is nothing discriminatory about using this tactic, and no need to report it to the EEOC. I do not know why the poster is concerned about the co-operation between in house and outside counsel. That happens all of the time. In some states it is improper to threaten a criminal suit to gain an advantage in a civil suit, but apparently this would be a ciivl complaint and even with doubt about its merits, it is a proper matter for a lawsuit.
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