Michael Elkin

Michael Elkin is a highly experienced intellectual property litigator, currently a Partner in Alston & Bird's Intellectual Property Litigation Group in New York. He focuses on defending technology and media companies in complex disputes. His practice encompasses trial and appellate litigation involving copyright, trademark, patent licensing, and trade secret claims, with a particular emphasis on matters concerning secondary liability, user-generated content, and generative artificial intelligence applications.

Mr. Elkin primarily represents defendants, including internet service providers, online platforms, and content distributors facing high-stakes claims. This aligns with his appearance as counsel for the defendant in the tracked case, DISH Technologies L.L.C. et al. v. The New York Times Company. His career highlights include securing significant appellate reversals in copyright infringement cases, such as overturning a jury verdict of approximately $1 billion in damages against an internet service provider and another reversing a $25 million secondary copyright infringement award against a cable company.

While deeply engaged in digital media and copyright disputes, his broader IP practice includes patent licensing matters. Alston & Bird's Intellectual Property Litigation Group also assists clients in patent infringement cases and coordinates post-grant review proceedings before the Patent Trial & Appeal Board (PTAB).

Mr. Elkin is admitted to practice in New Jersey, New York, and before the U.S. Supreme Court. He earned his J.D. from Brooklyn Law School in 1984, an M.S.W. from Rutgers University in 1981, and a B.A. from Rutgers University in 1979.