Littler Mendelson Seeks to Knock Out CWC’s Copyrights in Lawsuit

Labor and employment law firm Littler Mendelson PC responded to claims in Virginia federal court that it misused more than 2,100 pages of copyrighted materials from the nonprofit Center for Workplace Compliance by challenging CWC’s rights in the materials.

CWC falsely told the U.S. Copyright Office that it owned the copyrights as works made for hire when it “knew that none of the Works were created by its employees—because CWC has no employees,” Littler told the U.S. District Court for the Eastern District of Virginia on Tuesday.

It asked the court to declare that CWC isn’t the works’ lawful copyright owner and that some or all of CWC’s copyright registrations are invalid or unenforceable.

CWC’s November complaint alleged that Littler attorney Lance E. Gibbons, principal Chris Gokturk, and other employees misused the materials in presentations, publications, and client services. It told the court that Gibbons and Gokturk left CWC to work at Littler and facilitated the firm’s misuse of its materials.

Littler’s answer to the complaint said CWC doesn’t own valid copyrights in some or all of the works at issue. The materials were created by third parties who never transferred their rights to CWC, the firm said.

According to Littler’s counterclaims, CWC “knowingly and falsely” told the Copyright Office that the works were created jointly by the nonprofit and NT Lakis LLP—another labor and employment law firm and a CWC affiliate—as “employers for hire.” CWC’s website says the group is “powered by” the firm.

Instead, the works were made by “lawyers, analysts, compliance specialists, and other professionals engaged by” NT Lakis as partners or independent contractors, Littler said.

“Consequently, a substantial number of the asserted Works are not works made for hire,” were “unlawfully registered,” and “not proper subject matter for this action,” the firm said.

Judge Anthony J. Trenga is presiding.

Squire Patton Boggs (US) LLP represents Littler and Gokturk. Saul Ewing Arnstein & Lehr LLP represents Gibbons. Morgan, Lewis & Bockius LLP represents CWC.

The case is Ctr. for Workplace Compliance v. Littler Mendelson P.C., E.D. Va., No. 1:20-cv-01387, answer and counterclaims filed 1/19/21.