Michael Elkin

A widely recognized trial and appellate lawyer, Michael is known for his precedent-setting wins in “bet-the-industry” intellectual property disputes involving the streaming of motion picture, television, and music properties. His matters are frequently at the core of disputes arising from the digital media evolution at the crossroads of Silicon Valley and Hollywood.

Michael and his core team have been responsible for some of the biggest and high-profile trial and appellate wins that have shaped the boundaries of copyright law and the Digital Millennium Copyright Act. Notably, Michael has served as defense counsel in 7 of the 10 Internet Service Provider (ISP) cases involving secondary copyright infringement claims—with multi-billion-dollar exposure—brought by nearly the entirety of the music industry alleging residential and business subscriber file sharing. Most recently, he and co-counsel convinced the U.S. Court ofAppeals for the Fourth Circuit to vacate a US$1B damages award against his ISP client, finding that the music publishers did not meet the vicarious liability standard for their copyright infringement claims. Michael is leading the defense in two additional ISP cases that are set to go to trial later this year and in 2025.

Michael is also currently defending an international toy company in a copyright and trademark suit brought by an online game platform and game creation system and its licensee. The court granted in part an early motion to dismiss filed by Michael and his team, dismissing several key copyright claims.

In the music arena, Michael has obtained several important wins for a website providing access to what The WallStreet Journal described as “the most important collection of rock memorabilia and recordings ever assembled in one business.” These victories—including the reversal of a punitive summary judgment ruling before the SecondCircuit and the reversal of a rare copyright class certification before the Ninth Circuit—involved copyright matters concerning the late impresario’s estate and numerous infringement cases brought by music publishing companies and the surviving members/representatives of Led Zeppelin, the Grateful Dead, The Doors, Santana, and Nirvana.

Complementing his acclaimed courtroom skills, Michael’s clients benefit greatly from the leadership skills he gained while serving as Winston’s vice-chairman and other senior positions over the past 15 years. Michael utilizes this unique business perspective to fully understand his client’s legal implications and identify leverage that improves his clients’ positions.

In addition to being one of the most sought-after media and entertainment attorneys in the country, Michael is also an experienced patent, trademark, and trade secret litigator. His winning experience has earned him numerous accolades over the years. The Legal 500 US named Michael to its copyright “Hall of Fame” in 2021–2023, calling him “an authority in litigation involving motion picture, television, and music properties.” One client notes thatMichael and his team are “the best litigators I have ever worked with over my nearly 45 years in business. [The team is] very aggressive in representing our interests.” Another client told Chambers USA that “Michael brings a depth of industry knowledge and professionalism that is incredible.”

Law360 also selected Winston as a “Media and Entertainment Group of the Year,” citing Michael’s record in cases that helped determine the legal standard for user-generated content and copyright infringement. Further, BestLawyers® once again ranked Winston as national Tier 1 for IP Litigation in its “Best Law Firms” issue, with one client stating: “In the four companies I have been CEO of, I have dealt with many IP/Litigation firms. Michael Elkin at Winston & Strawn is the very best in this area.”

World Trademark Review recently noted: “Michael Elkin is a leading light in the digital media and entertainment space” and “is on home turf when high-stakes trademark and copyright issues collide in the courtroom. Those in the entertainment and digital media domains can rest easy in his eminently capable hands.”