Michael S. Elkin, Partner

Michael Elkin is the managing partner of Winston & Strawn’s New York office and a member of the firm’s Executive Committee. He is a widely recognized litigator who focuses on sophisticated legal issues involving emerging technologies.

Mr. Elkin has extensive experience handling and bringing to trial a broad range of matters. He has represented traditional content owners and distributors, as well as high-technology companies and ISPs, on complex intellectual property liability issues. His experience in this area includes all aspects of the DMCA and the development, distribution, and use of technologies that push the boundaries of IP law.

Mr. Elkin has served as lead trial counsel in numerous complex commercial disputes, with an emphasis on those involving intellectual property issues. His counseling and dispute resolution experience has enabled Mr. Elkin to successfully resolve significant trademark, copyright, and unfair competition matters for his clients. In addition, he has substantial experience with restrictive covenants, employee raiding, trade secrets and rights-of-privacy and publicity, and unfair competition claims.

In addition to his work involving negotiations and litigation relating to entertainment industry contracts, Mr. Elkin advises and counsels entertainment clients on capital markets transactions and licensing of intellectual property. He represents clients in the acquisition of companies and raising financing through securitization, public offering, private placement, venture capital, and commercial loan transactions. He also structures licensing arrangements covering copyrights, trademarks, and publicity/likeness rights of entertainers, artists, athletes, and other celebrities.

Mr. Elkin’s international experience includes private litigation and arbitration that required the application of treaties, conventions, and foreign and domestic law on subjects such as the extraterritorial gathering of evidence, foreign sovereign immunity, recognition of foreign country judgments and foreign arbitral awards, and international conflicts of law.

Prior to joining Winston & Strawn, Mr. Elkin served as vice chairman of another major law firm and managing partner of its litigation practice.

Honors and Awards

• Recognized in The National Law Journal’s 2010 “Appellate Hot List” as lead counsel in the successful defense of a landmark copyright case (Arista Records LLC v. Launch Media Inc., 578 F.3d 148 (2d Cir. 2009), cert. denied (2010)).
• Listed in the July/August 2009 Corporate Counsel edition SuperLawyers for Intellectual Property Litigation in New York.
• Listed in Chambers USA among the best lawyers for Media & Entertainment: Copyright and Contract Disputes in 2009 and 2010.
• Listed in The Legal 500 US 2009 as a top attorney in Media, Technology, and Telecoms.
• Listed in Who’s Who in American Law 2009.
• Selected for three consecutive years as one of Hollywood Reporter, Esq.’s Top 100 Power Lawyers for litigation.
• Named to The American Lawyer’s list of “Star Laterals of the Year” in 2008.
• Recognized as a Super Lawyer each year from 2006 through 2009.
• Profiled in Lawdragon’s “Lawyer Limelight” in July 2010.

Activities

Mr. Elkin is the managing partner of Winston & Strawn’s New York office. He also is a member of the firm’s Executive Committee.

Professional Affiliations
The Association of the Bar of the City of New York
Copyright Society of the United States of America

Charitable/Civic Associations
Mr. Elkin is deeply immersed in French-American cultural, social and charitable pursuits.
French-American Chamber of Commerce, Vice President and Secretary
Paris American Club
Confrérie des Chevaliers du Tastevin (NY Chapter)

Education

Brooklyn Law School (J.D., 1984)
Rutgers University (M.S.W., 1981)
Rutgers University (A.B., 1979)
L’Université de Tours (1978)
Faculté des Lettres
L’Université de la Sorbonne (1977)
Paris, France

Speeches and Publications

Speeches

• Speech to the Los Angeles Copyright Society regarding the decision in Io Group, Inc. v. Veoh Networks, Inc., the first case to consider whether the operator of a user-generated content Web site can obtain safe harbor under the Digital Millennium Copyright Act (December 2008)
• “Navigating the Latest Precedent-Setting Cases that Affect Emerging Technologies Used to Disseminate Creative Content Online,” presented at an entertainment and media meeting of the New York County Lawyers’ Association, New York (April 2008)
• “Navigating the Latest Precedent-Setting Cases that Affect Emerging Technologies Used to Disseminate Creative Content Online,” presented at the Bloomberg Intellectual Property Law Seminar, San Francisco (November 2007) 
• “Declining Record Sales: Causes and Solutions,” Entertainment and Sports Conference, sponsored by the Entertainment and Sports Committee of the NYSSCPA, Crowne Plaza, New York, Panelist (May 2005)
• “A Change is Gonna Come: New Opportunities and Evolving Strategies in Music and Digital Entertainment,” 4th Annual Billboard Music & Money Symposium, St. Regis Hotel, New York, Panelist (March 2005)
• “Protecting Intellectual Property Assets for Entertainment Companies,” Forbes Radio Interview, November 2003
• “The Business of Hip Hop: From The BlingBling to The Ka Ching,” M.R. Beal 15th Anniversary Forum, Ritz Carlton Battery Park, New York, Panelist (June 2003)
• “Examining the Structure of Music, Entertainment & Copyright Securitizations,” Advancing IP Structured Finance sponsored by the World Research Group, Crown Plaza, New York, Speaker (May 2003)
• “Finding the Funding that Fits,” 2nd Annual Billboard Music & Money Symposium, St. Regis Hotel, New York, Panelist (March 2003)
• “A Time To Heal, A Time To Rebuild,” Hip Hop to Wall Street — Investment and Management Plenary, RainbowPUSH 5th Annual Wall Street Project Conference and Gala: Hilton New York Hotel, Moderator (January 2002)

Publications

• Co-author: “California, New York’s Different Approaches, Viewed Through Pending NCAA Student Athlete Licensing Litigation: The Right of Publicity Goes Digital,” New York Law Journal, Aug. 16, 2010.
• Co-author: “Arista Records v. Launch Media, Inc.: Second Circuit Grapples with Interactivity,” NYSBA Bright Ideas, Winter 2009.
• Co-author: “Free With Registration: Digital Millennium Copyright Act — California Ruling May Influence Viacom’s Suit Against YouTube,” New York Law Journal, Dec. 30, 2008.
• Co-author: “Termination of Copyright Transfers, Record Labels’ Rights,” New York Law Journal, Oct. 29, 2004
• Co-author: “Speed Bumps on Woodley Road,” Lodging Law, Vol. 7, Issue 10, October 2004
• Author: “Napster Near and Far: Will the Ninth Circuit’s Ruling Affect Secondary Infringement in the Outer Reaches of Cyberspace?,” 27 Brooklyn J. Int’l L. 381, 2002