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12 ¦ FEBRUARY 1, 2021 NEWS

¦ From CT NATIVE on PAGE 11 became our first large-scale AFA client in 2009, and
execute holistic, coherent, and cohesive worldwide together we came up with an innovative fixed fee
enforcement and defense strategies. approach to pricing patent cases that created a bet-
We excel at handling these massive, complicated ter client-firm partnership, value and outcomes. By
disputes for a number of reasons. First and foremost, showing that it was possible to successfully price
we value collaboration and client service above all complex patent litigation cases using a fixed fee, we
else. Our lawyers trust one another and teamwork were able to demonstrate the viability of Microsoft
is one of our firm’s core values. From our clients’ moving most of its remaining legal work to AFAs,
perspective, that means that our lawyers welcome which it did over a two-year period starting in 2017.
other Fish lawyers into their client relationships. We prefer to price on an AFA basis because we
We can put the best team on the field to solve our believe AFAs improve many aspects of the lawyer-
clients’ business problems and bring in specialty client relationship. Fixed fees allow lawyers and
teams when needed. Fish is unique in that we have clients to focus on the merits of the case from the
seasoned trial lawyers, prosecutors, and post-grant outset, so that we can reach the ideal result, with-
practitioners all under the same roof, working to- out the level of concern that occurs in a traditional
gether to solve clients’ problems from every possible hourly fee arrangement where changes in the case
angle. Our technical expertise is so diverse that at- strategy, or unexpected developments, can signifi-
torneys can “crowdsource” within the firm answers cantly increase the client’s cost.
to virtually any technical question. This is an impor- Clients know that when Fish proposes a fixed fee,
tant differentiator for us. it has been vetted by a team with immense experi-
Our trial lawyers are laser-focused on setting ence, with every foreseeable detail discussed. By
up cases for success from day one, and we keep asking the right questions, we can predict which cas-
our eyes on the prize no matter how far the hori- es will be more challenging and then educate clients
zon might be. To be successful, we have to remain about the likely direction of the case. By strategizing
consistent across all matters, which requires stra- before a fee is negotiated, principals have the ability
tegic front-end thinking about the implications in to enter into an AFA quickly, without layers of ap-
all the parallel proceedings. It is all about winning provals, which also makes clients happy.
the ultimate war, not necessarily doing what is most
expedient for the particular skirmish we are con- How many lateral litigation partners have you
fronted with in any given matter.
hired in the last 12 months? What do you look for
It’s why our trial lawyers typically handle their in lateral hires?
own appeals, in contrast to other firms where one or This is an easy question–zero. Although we do
two “specialists” argue all appeals. Our philosophy bring litigation laterals on board every year, we
is that the attorney who handles the appeal should rarely hire them at the principal level. Fish has a
have the deepest command of the law and the re- unique litigation culture that is quite different from
cord, which uniquely positions them to spot novel other firms, and we prefer to nurture our litigators
legal issues and frame those and other issues for up through the ranks. That way we know their tal-
appeal from the beginning. It is a broad-based ap- ents, we know they fit into our culture, and we know
proach that maximizes our chances of success. they have learned from the top practitioners in the
Last, but certainly not least, we are a pioneer in field. This has been a successful model for us.
alternative fee arrangements (AFAs). In 2019, AFAs
represented 38% of our litigation business. I was one What were some of your firm’s biggest in-court
of the architects of Fish’s AFA program well over a wins in the past year, and can you cite tactics that
decade ago, which we developed to find better ways exemplify your firm’s approach to success?
to partner with clients on pricing that was more Fish is the firm that clients hire for the long haul.
tailored to their specific business needs. Microsoft Our ability to strategically manage and win the most

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