Winston & Strawn LLP to Represent Chapterhouse Studios LLC in Games Workshop vs CHS

[nvillacci]

My company, Chapterhouse Studios LLC, has been very fortunate to locate pro-bono counsel with the help and tips of a few of our customers. Those customers have extensive legal background as well as leads that helped us find a firm that believes in our case enough to support us.



Thanks to some friends good advice and experience Winston & Strawn LLP - http://winstonandstrawn.com/ will defend us in the case filed by Games Workshop.



I consider myself very lucky to have three attorneys from the firm willing to be our represent us in the case. The lead on the case, Jennifer Golinveaux, has major experience behind her, and I am confident that with her teams' help we will come out of this experience in great shape.



For everyone who has given their support, I really do appreciate it.



We are confident in our position and that the Court will ultimately vindicate us in this case.



Sincerely,
Nick Villacci
Chapterhouse Studios LLC

[Pacorko]

These are high-roller lawyers. I hope you can afford their fees or win and make GW pay for them, Nick. If it all comes to that and no settlement is reached, I hope the fight doesn't wear you down 'cause it going to be bloody.

Good luck in any case. You will really need it.

[Wolf Lord Balrog]

My company, Chapterhouse Studios LLC, has been very fortunate to locate pro-bono council with the help and tips of a few of our customers and attorneys.

These are high-roller lawyers. I hope you can afford their fees or win and make GW pay for them, Nick.

'pro-bono' means free of charge, so they should be ok.

I agree with Nick that you wouldn't have such good lawyers volunteering for the job if GW's case were a slam-dunk. Good on ya for pushing back on GW's hardball tactics, I hope you reach a very satisfying settlement of the matter.

[Schmapdi]

Well congratulations on securing a good lawyer to back you up, and pro-bono at that.

But I don't see what you gain by advertising that here?

[nvillacci]

Well congratulations on securing a good lawyer to back you up, and pro-bono at that.

But I don't see what you gain by advertising that here?

I felt (and the attorneys agreed) that we should show that Chapterhouse Studios is not being forced to shut down by high legal fees or that Games Workshop has put us out of business.

I have had more then one email and phone call asking those questions. Some hobbyist (and most distressing, retail stores) have been led to believe that because Games Workshop has filed a lawsuit against my company, this means Games Workshop is automatically in the right and they magically shut down my business.

Acquiring pro-bono representation and announcing it somewhat illuminates the truth.

[Pacorko]

I understood that only the initial counseling was pro-bono... if they are taking the case on the same basis, then you have a very big stone to step in--or to take cover behind it !

Well, Nick I for one, thank you for showing me I might be wrong by thinking you did go against certain GW clauses and cliams, and that they could prove it almost immediatelly.

I will be following this with a lot of interest.

All best to you, mate.

[nvillacci]

I understood that only the initial counseling was pro-bono... if they are taking the case on the same basis, then you have a very big stone to step in--or to take cover behind it !

Well, Nick I for one, thank you for showing me I might be wrong by thinking you did go against certain GW clauses and cliams, and that they could prove it almost immediatelly.

I will be following this with a lot of interest.

All best to you, mate.

Thank you sir, to clarify, we have signed an agreement with the law firm stating they will defend us "for free" or "pro-bono".

At the least, this will not be a case of money make right, but rather legal matters make right.

[Inquisitor Engel]

I appreciate the update.

Hopefully this goes well for you all - if the doors get blown open and GW has to let other companies make "mod-kits" for their products (sort of like car manufacturer's can't complain about mod kits for their vehicles) it will actually create a huge, huge boon to the hobby.

I know I'd buy way more GW product if there were more readily available conversion bits for them!

PS - Ordered some shoulder pads from you the other day and have been thrilled with the communication and service, especially give North Texas experiencing Popsiclepocalypse this week! Can't wait to get them!

[nvillacci]

I appreciate the update.

Hopefully this goes well for you all - if the doors get blown open and GW has to let other companies make "mod-kits" for their products (sort of like car manufacturer's can't complain about mod kits for their vehicles) it will actually create a huge, huge boon to the hobby.

I know I'd buy way more GW product if there were more readily available conversion bits for them!

PS - Ordered some shoulder pads from you the other day and have been thrilled with the communication and service, especially give North Texas experiencing Popsiclepocalypse this week! Can't wait to get them!

Unfortunately its more like the whole east and mid-west of the US... there is a lot of delays because of the ice.

I do appreciate the complement.

[New Cult King]

Yeah I will be watching this one closely - it could potentially change the way the entire hobby works

I hope you win, Nick.

[PsyberWolf]

Thank you sir, to clarify, we have signed an agreement with the law firm stating they will defend us "for free" or "pro-bono".

At the least, this will not be a case of money make right, but rather legal matters make right.

That is great news! I wish you all the best in your case. I for one am hoping there is not only defense but some offense in the works to. GW has been acting like the school bully - perhaps a good wallup to the nose would cure it. Don't feel you need to respond - I would not want anything said that would tip your hand.

[rodmillard]

Good to hear. Please keep us informed - I know a lot of hobbyists who don't post here who are nevertheless following the case with interest.

[Grimstonefire]

Can I ask how it works if GW loses. Would W&S get their fees paid by them even though they did it pro bono?

If you don't mind me asking Nick, are we talking months for this to get to court, or weeks?

[BigRob]

I don't get the Pro no fees thing.

Reading thier website it seems to be a charity thing for people who need help but can't afford it. However they list the circumstances for it (and a load of examples) and I don't see how a lawsuit between two companies qualifies (it does say non profit corperations) but as I understood it, CHS is a business that makes money.

How did you manage to blag free legal representation?

[x-esiv-4c]

Best of luck!

[uona]

I think its good one of these cases will actually reach court instead of the smaller company folding due to money

[nvillacci]

Can I ask how it works if GW loses. Would W&S get their fees paid by them even though they did it pro bono?

If you don't mind me asking Nick, are we talking months for this to get to court, or weeks?

I can answer that factually (without any getting in trouble). Winston & Strawn reserve the right to collect any fees from any favorable outcome in the case that would mean CHS collects monetary damages/and or attorney's fees (so they would get paid in that case).

From what I understand, this is a question of months not weeks.

[rodmillard]

I don't get the Pro no fees thing.

Reading thier website it seems to be a charity thing for people who need help but can't afford it. However they list the circumstances for it (and a load of examples) and I don't see how a lawsuit between two companies qualifies (it does say non profit corperations) but as I understood it, CHS is a business that makes money.

From what I understand of the american legal system (and I'm sure someone will jump in to correct me where I go wrong), law firms can choose to take any case "pro-bono-publico" (literally: "for the good of the people"), without charge - a lot of cases that would otherwise not see the inside of a courtroom are heard because one side or the other gets a pro-bono lawyer, and attorneys carreers are made on the back of them. It's not like the UK's legal aid system, which you are either entitled to or not (that would be a "state appointed attorney" in the US).

Presumably, someone at W&S has looked at the case and decided that it is in the public interest that someone actually fights GW on this issue and/or that scoring a major victory over a bullying multi-national corporation will look good on their resume (probably a bit of both).

[BigRob]

Ah right, over here american law firms are all depicted as money grabbing sharks in the media so I was a little confused.

The loser in this case whatever the outcome will be the GW customer. If they win, then there will be less bits sellers. If they lose their will be more recasters and ripp off merchants flogging any old tat and calling it Warhammer and GW will use the excuse to hike the prices.

Of course, in the worst case scenario, GW could take such a financial hit that they are forced to do some major closures/staff lay offs thanks to this.

[Wintertooth]

I hope Chapterhouse are utterly destroyed. I'm sick to death of every new miniatures company turning out to be another parasite bitz maker or cut-price rip-off. Maybe if GW win, some of the creativity will return to the industry and sci-fi/fantasy wargaming in particular.

I want variety from my gaming, not 50 companies churning out badly-sculpted interpretations of Jes Goodwin's ideas.