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3 Questions For A Patent Litigator Turned Legal Recruiter (Part II) – Above the Law

Last
week,
I
presented

Part
I

of
my
written
interview
with
a
former
patent
litigator
turned
legal
recruiter,
Khurram
Naik.
That
column
presented
his
answer
to
the
first
of
my
three
questions
and
focused
on
the
factors
that
lead
to
the
evergreen
demand
for
elite
patent
litigation
talent.
What
follows
are
Khurram’s
answers
to
my
remaining
two
questions.
As
usual,
I
have
added
some
brief
commentary
to
his
answers
below,
but
have
otherwise
presented
his
answers
as
he
provided
them.


GK:

As
a
former
practicing
patent
litigator
turned
recruiter,
what
are
the
lessons
you
learned
at
Biglaw
that
you
apply
to
your
current
practice
most
regularly?


KN:

Positioning
a
lawyer
for
the
right
firm
is
a
form
of
advocacy,
and
my
background
as
a
patent
litigator
shaped
how
I
approach
it.
I
was
fortunate
to
train
under
a
mentor
with
deep
Federal
Circuit
experience
who
emphasized
being
helpful
to
the
court.
He
focused
on
framing
outcomes
that
made
it
easy
for
judges
to
adopt
his
position,
because
judges
want
help
reaching
the
right
result.

I
apply
the
same
advocacy
principle
in
recruiting.
We
counsel
lawyers
on
how
to
present
their
experience
in
a
way
that’s
genuinely
helpful
to
firms:
clearly
explaining
how
they’ll
contribute
and
how
they
fit
into
a
practice’s
needs.
When
a
lawyer
establishes
that
value
during
interviews,
they
are
convert
more
interviews
into
offers,
even
when
a
role
wasn’t
initially
defined.

This
advocacy
principle
is
also
valuable
in
offer
negotiations.
We
focus
on
structuring
terms
as
win-wins,
not
zero-sum
trades.
A
signing
bonus,
for
example,
isn’t
just
cash;
it
reduces
a
firm’s
risk
in
securing
an
exceptional
lawyer
and
gives
the
lawyer
confidence
in
the
firm’s
commitment
and
fit.


GK
:
We
can
all
benefit
from
effective
advocacy
on
our
behalf,
particularly
when
it
comes
to
career
counseling.
That
need
is
perhaps
most
acute
for
busy
IP
litigators,
who
tend
to
have
gotten
to
that
level
of
practice
precisely
because
they
have
done
such
a
good
job
of
prioritizing
the
needs
of
their
clients.
Every
lawyer
hopes
to
find
a
practice
environment
that
is
a
good
fit
and
also
gives
them
room
for
growth,
but
we
all
know
that
there
are
no
guarantees
on
that
front

and
that
many
toil
in
practices
that
do
not
make
the
most
of
their
abilities
and
potential.
Gathering
the
courage
to
explore
alternatives
is
not
easy,
but
once
someone
starts
down
that
path,
having
a
guide
like
Khurram
can
be
essential
to
reaching
the
right
destination. 


GK:

Where
are
the
biggest
needs
for
IP
groups
and
boutiques
right
now
when
it
comes
to
adding
talent?


KN:

There’s
always
some
cyclicality
in
hiring,
but
the
core
demand
in
patent
litigation
is
remarkably
stable.
Across
BigLaw
and
boutiques
alike,
the
biggest
need
is
for
litigators
who
can
run
cases:
lawyers
trusted
to
take
depositions,
manage
experts,
draft
dispositive
briefs,
and
exercise
judgment
without
supervision.
Those
skills
take
years
to
develop,
so
they
are
coveted.

Trial
readiness
continues
to
matter
even
when
trials
themselves
are
infrequent.
Lawyers
who
understand
how
cases
are
built
end-to-end
bring
a
level
of
judgment
that
firms
value
across
matters.
Cross-forum
fluency,
whether
across
district
court,
PTAB,
ITC,
or
appellate
work,
further
compounds
that
value
and
gives
practices
flexibility
when
workloads
shift.

We’re
seeing
particular
demand
for
life
science
patent
litigators.
For
the
reasons
discussed
above,
life
sciences
matters
are
both
high-stakes
and
evergreen,
so
firms
are
looking
to
ramp
up
their
teams.

Experienced
ITC
lawyers
are
also
highly
in
demand.
These
disputes
aren’t
for
everyone

they’re
a
frenzy
and
often
highly
technical.
But
they
offer
great
experience
in
a
short
period
of
time,
and
certain
firms
are
becoming
experts
in
the
practice
and
need
to
ramp
up
hiring
in
short
order.
Lawyers
with
engineering
or
CS
backgrounds
are
particularly
in
demand.


GK
:
Khurram’s
answer
is
very
valuable,
irrespective
of
where
someone
might
be
in
their
career
cycle.
If
you
are
a
junior
associate,
it
is
helpful
to
know
what
skills
are
marketable
and
the
onus
is
on
you
to
do
your
best
to
acquire
those
skills
at
your
current
firm

or
to
seek
a
new
firm
if
that
proves
impossible.
You
have
less
time
than
you
think.
Likewise,
midlevel
to
senior
associates
and
junior
partners
must
be
honest
with
themselves
about
how
ready
they
are
to
manage
a
patent
dispute
from
beginning
to
end.
Of
course
this
is
a
team
sport
and
trial
experience
is
super
difficult
to
get.
At
the
same
time,
the
more
you
invest
in
skill
development
and
improvement,
the
more
likely
it
will
be
that
if
the
time
ever
comes
where
you
need
Khurram’s
services,
he
will
be
able
to
help.
The
patent
litigation
market
is
ever-changing,
but
the
mix
of
technical
legal
skills,
client
management
skills,
and
commercial
judgment
necessary
to
provide
top-level
client
service
will
always
be
the
benchmark
that
allows
patent
litigators
to
craft
the
careers
that
they
crave

as
opposed
to
the
careers
they
are
asked
to
endure.

My
thanks
to
Khurram
for
the
insights
and
cooperation,
and
I
wish
him
continued
success
with
his
recruiting
agency. 
There
is
no
more
exciting
or
challenging
area
of
legal
practice
than
patent
litigation

and
the
war
among
firms
for
talent
capable
of
providing
exceptional
client
service
in
such
a
competitive
discipline
is
showing
no
signs
of
abating.
Helping
those
capable
of
finding
the
right
place
for
them
to
flourish
is
a
wonderful
thing,
and
we
should
all
be
grateful
that
recruiters
as
thoughtful
and
effective
as
Khurram
are
there
to
make
that
happen
for
their
clients
and
firms.
I
am
always
open
to
conducting
interviews
of
this
type
with
other
IP
thought
leaders,
so
feel
free
to
reach
out
if
you
have
a
compelling
perspective
to
offer. 

Please
feel
free
to
send
comments
or
questions
to
me
at

[email protected]

or
via
Twitter:

@gkroub
.
Any
topic
suggestions
or
thoughts
are
most
welcome.




Gaston
Kroub
lives
in
Brooklyn
and
is
a
founding
partner
of 
Kroub,
Silbersher
&
Kolmykov
PLLC
,
an
intellectual
property
litigation
boutique,
and 
Markman
Advisors
LLC
,
a
leading
consultancy
on
patent
issues
for
the
investment
community.
Gaston’s
practice
focuses
on
intellectual
property
litigation
and
related
counseling,
with
a
strong
focus
on
patent
matters.
You
can
reach
him
at 
[email protected] or
follow
him
on
Twitter: 
@gkroub.