Why?
Pluses/Challenges of Practice Area:
Intellectual Property Law features constant development and change. The issues and the people involved are creative and interesting. The challenge in a dynamic field, is to keep up with the changes. The rise of technology industries has led to a growth in intellectual property legal work. Changes in ownership, financing deals, transfers due to mergers, acquisitions or bankruptcy all require intellectual property work. This is a field of law that is not going to slow down if the economy slows.
Core Skills/Key Knowledge Needed in Your Practice Area:
First, it is a myth that one needs a technical background to be an intellectual property lawyer. One does need a technical background to be a "patent lawyer," someone who prosecutes patent applications. Other than that, anyone may qualify as an "intellectual property lawyer." Because we often must deal with creative people from advertising agencies or marketing departments, well-grounded individuals are essential. If the client goes off on a flight of fancy, the lawyer must pull the client back. Good writing and research skills are the most important skills. In general, intellectual property lawyers do not spend that much time actually in the Courtroom. There are exceptions, but must litigation in our field takes place on paper and through motion practice.
Advice to Lawyers and Law Students Interested in Your Practice Area:
Again, don't be intimidated into believing you need to be a scientist or an engineer. Remind your corporate department that an I.P. inventory or due diligence should be undertaken on any deal. Contact various I.P. organizations, ranging from AIPLA to INTA to the ABA's I.P. Law section for lists of firms that have I.P. departments.
How?
Career Path to Current Position:
Other than the fact that I did a lot of writing, my five years on Capitol Hill did not prepare me at all for this career. I worked for Congressman Frank Wolf of Virginia and Senator John McCain of Arizona. It was challenging and fun, but not something I wanted to do for the rest of my life. Both of these gentlemen are still in Congress, but most of their contemporaries from the 1980's are not. A political career, even as an aide, is not very stable.
Influences and Mentors:
My colleagues and I at Holland & Knight LLP's I.P. Group have worked together at three different firms since I graduated from law school. Several great lawyers trained me from my time as a law clerk to my selection as partner and I continue to work together with Paul Kilmer today . Certainly my professors at Marshall-Wythe, especially Gene Nichol, now President of William & Mary, Jayne Barnard and Rod Smolla (now at the University of Richmond), were big influences.
Suggested Reading About Your Practice Area:
McCarthy on Trademarks; Gilson on Trademarks; Nimmer on Copyrights; also Prosser & Keaton's discussions of Unfair Competition and the Rights of Publicity and Privacy.
Job Search Techniques Used in Finding Your Position(s):
My grades were not stellar, so I knew I had to work at this. I called, wrote contacted every attorney I knew and asked my friends and family to do the same. One of my Mother's contacts paid off! I got an interview with the now defunct firm of Mason Fenwick & Lawrence due to her friendship with the wife of a senior partner. Don't be afraid to ask for help. Since then, I have stuck with a group of attorneys and staff that has twice successfully sold itself as a package and moved our entire practice to better situations.
Bar Affiliations and Activities:
ABA, Section of Intellectual Property Law, Council 2002-2006, Chair, Division II, Trademarks 2006-; Member Long Range Planning Committee, Chairman, Committee on Patent and Trade Dress Interplay 1997-2000; International Trademark Association (INTA), Chair, U.S. Legislation Subcommittee 1997-2002, Chair INTA-PAC 1999-2003, Emerging Issues Council 2004-
Recent Professional Presentations:
International Malpractice Perils - INTA Emerging Issues Forum, February 2006 and Intellectual Property Institute of Canada, May 2006; Trademark Law and Ethics, ABA IPL Spring Forum 2004; Privacy and Trademark Law, Law Education Institute January 2002; Practical Tips on Trademark Litigation ABA-IPL Spring Forum 2001 and 2002; INTA Mid-Winter Program 1997, Trade Dress litigation.
Memorable Career Moment:
Testifying before Congress on the Patent and Trademark Office budget; Winning a Motion to Dismiss a Claim for Tortious Interference with Contractual relations for a major client.
Intriguing Interests:
Baseball, politics, NASCAR, bicycling.
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Career Profiles of the Profession