Prenda Law Must Pay Sanctions — Appeals Court

CHICAGO — The 7th U.S. Circuit Court of Appeals on Thursday affirmed a lower court decision levying contempt sanctions against three attorneys who filed a copyright infringement case on behalf of adult operator Lightspeed Media Corp.

In consolidated appeals, the three-judge panel held that an original order calling for $261,000 in sanctions, as well as finding Prenda Law's principals — attorneys John Steele, Paul Hansmeier and Paul Duffy — in civil contempt, were appropriate.

Prenda Law for years has been prolific in exacting payments from porn piracy defendants through court-approved subpoenas.

The appeal acted on Thursday stemmed from a case against a man named Anthony Smith, who was alleged to have been the ringleader of a hacking gang involving 6,600 users who obtained stolen passwords to break into about 40 Lightspeed Media porn sites.

At the behest of Lightspeed Media, Prenda Law made additional claims against corporate executives at AT&T and Comcast Cable Communications that they aided, abetted and conspired with the hackers to steal content because they refused to comply with subpoenas and turn over subscriber data based on IP addresses.

Prenda Law later told the court in a motion that Lightspeed Media intended to drop the suit. That motion spurred defendants into action with requests for reimbursement of attorneys fees because the suit was based on "frivolous claims," which the lower court later affirmed.

The lower court ordered Lightspeed Media's attorneys to pay sanctions for Smith ($72,000), AT&T ($120,000) and Comcast ($69,000).

After missing deadlines to pay the $261,000 in sanctions, a lower court ordered the firm to pay 10 percent more as a fine.

Prenda Law attorneys Duffy, Steele and Hansmeier appealed; however, on Thursday the 7th Circuit rejected contentions that the sanctions were not appropriate, as well as their appeal holding them in civil contempt and imposing the fine.

The attorneys offered a litany of reasons why their two appeals should stand, including that they didn't receive proper notice for the motion for sanctions, that they were never given opportunity to be heard on the motion and opposing counsel fee itemization and that the merits of ordering the imposition of attorneys fees were lacking.

But the 7th Circuit panel was not convinced with Prenda Law attorneys' arguments.

"Lightspeed raised baseless claims and pressed for a meritless 'emergency' discovery hearing. The district court found that the litigation 'smacked of bully pretense,'" the panel wrote. "At the Nov. 13, 2013, hearing on fees, the court could not have been more clear: it stated that appellants were engaged in 'abusive litigation simply filing a lawsuit to do discovery to find out if you can sue somebody. That's just utter non sense.'

"We see no need to belabor the point. The record amply supports the district court's conclusions, as our discussion of the case thus far demonstrates. There was no abuse of discretion in the court's decision to grant either the ISPs or Smith fees for the entire case."

The case is Lightspeed Media Corp. vs. Anthony Smith, Nos. 13-3801 and 14-1682.

  

View ruling

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

NYC Adult Businesses Seek SCOTUS Appeal in Zoning Case

Attorneys representing a group of New York City adult businesses are asking the U.S. Supreme Court to hear an appeal of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

Teasy Agency Launches Marketing Firm

Teasy Agency has officially launched Teasy Marketing firm.

Ofcom Investigates More Sites in Wake of AV Traffic Shifts

U.K. media regulator Ofcom has launched investigations into 20 more adult sites as part of its age assurance enforcement program under the Online Safety Act.

MintStars Launches Debit Card for Creators

MintStars has launched its MintStars Creator Card, powered by Payy.

xHamster Settles Texas AV Lawsuit, Pays $120,000

Hammy Media, parent company of xHamster, has settled a lawsuit brought by the state of Texas over alleged noncompliance with the state’s age verification law, agreeing to pay a $120,000 penalty.

RevealMe Joins Pineapple Support as Partner-Level Sponsor

RevealMe has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

OnlyFans Institutes Criminal Background Checks for US Creators

OnlyFans will screen creators in the United States for criminal convictions, CEO Keily Blair has announced in a post on LinkedIn.

Pineapple Support to Host 'Healthier Relationships' Support Group

Pineapple Support is hosting a free online support group on enhancing connection and personal growth.

Strike 3 Rejects Meta 'Personal Use' Defense in AI Suit

Vixen Media Group owner Strike 3 Holdings this week responded to Facebook parent company Meta’s motion to dismiss Strike 3’s suit accusing Meta of pirating VMG content to train its artificial intelligence models.

Pornhub, Stripchat: VLOP Designation Based on Flawed Data

In separate cases, attorneys for Pornhub and Stripchat this week told the EU’s General Court that the European Commission relied on unreliable data when it classified the sites as “very large online platforms” (VLOPs) under the EU’s Digital Services Act, news organization MLex reports.

Show More