Complex Litigation—a Game of Chess, not Checkers

The lesson here is important: complex legal strategy is a chess game. Diverse pieces are available on the chess board, only some of which involve litigation. A reactionary rush to the courthouse is almost never the right first step in any legal dispute.

Copyright Registration is “Precondition” to Filing a Claim—But is NOT “Jurisdictional”

A statutory condition requiring a party to take some action before filing a lawsuit is not automatically “a jurisdictional prerequisite to suit.”

Rather, the jurisdictional analysis must focus on the “legal character” of the precondition, which is discerned by looking to the condition’s text, context, and relevant historical treatment.