Sidley Austin has reinforced its intellectual property litigation practice in Dallas by landing two partners from McKool Smith.
Aimee Fagan and Phillip Aurentz are the latest in a string of hires in Dallas the firm has made in the second half of the year. In August, Sidley signed aviation expert Bart Biggers from Winstead and one month later added tax and executive compensation partner Eric Winwood from Baker Botts.
Yvette Ostolaza, a member of the Sidley management committee and leader of the Dallas office, said the firm had opportunities to go into the lateral market because of recent retirements in its IP practice and one attorney who moved in-house. Ostolaza knew Fagan socially because their daughters are classmates.
“It’s a real coup to have Aimee and Phillip join our Dallas team,” Ostolaza said. “They are among a small handful of IP litigators with deep knowledge and experience in patent litigation issues facing those in the energy sector.”
Fagan, who had practiced at McKool Smith for 13 years, said it was a “tremendous opportunity” to take what she learned and build on Sidley’s “premiere platform.” She noted that one key area in which Sidley stands out is how women are doing at the firm.
“Women aren’t just surviving at Sidley – they are thriving,” Fagan said. “They are on the executive and management committees. I was wanting to be somewhere like that and have the opportunity to be a mentor.”
Ostolaza points out that partnerships in the office are distributed evenly between women and men.
Fagan’s patent litigation and commercial litigation practice includes handling business disputes, misappropriation of trade secrets, breach of contract matters and securities investigations. She has a winning streak of more than 25 successful resolutions for Halliburton, one of her major clients.
In a state that continues to be a hotbed for patent litigation, Fagan said “one of the biggest buzzes” is waiting and watching to see how Judge Alan Albright in the Western District of Texas runs his court in his attempts to create a second rocket docket.
Aurentz, who like Fagan had been at McKool Smith for about 13 years, was a summer associate at Sidley while attending the University of Texas. Prior to law school, he was a project gas plants engineer at ExxonMobil.
The former engineer has represented companies as both plaintiffs and defendants across various technologies ranging from digital content transmission technology to down-hole oil field tools and hydraulic fracturing.
Here’s some additional background on the new Sidley IP duo:
The Lawbook: Why did you decide to join Sidley?
Aurentz: I was excited to join Sidley’s highly skilled and talented group of lawyers, which is exemplified in their IP group. I was also attracted to the opportunity to leverage Sidley’s national IP litigation practice in expanding its trial presence in the Western and Eastern districts of Texas, where a significant percentage of U.S. patent cases are tried. Most importantly, I was drawn to the collegiality among the lawyers of Sidley.
The Lawbook: What are one or two of the most interesting matters you have handled in the past year?
Aurentz & Fagan: Our matters tend to be interesting, as they typically involve learning about new technologies and business strategies. We had entirely too much fun in a March trial that involved allegations of fraud, trade secret misappropriation and patent infringement related to an oil and gas technology. It was one of the last jury trials during COVID-19, and we are looking forward to returning to trial in November. We have witnessed first hand the impact of COVID-19 on both courtroom procedures and our jury pools.
The Lawbook: How has COVID-19 impacted your trial practice?
Aurentz: COVID-19 has pushed back trials, and it will likely take some time for the courts to work through the backlog as they slowly reopen for civil trials. I will be returning to trial at the end of November, and so COVID concerns are top of mind. It has become necessary to become proficient at technology to engage in effective virtual witness preparation and team meetings. I have also spent time learning how to effectively conduct trial and mock trials or jury studies using Zoom or other virtual platforms.
Fagan: For my upcoming trial, which will be conducted in person, I am focused on how to minimize the distraction or negative effects of appropriate safety protocols. I am anticipating and planning for challenges associated with jurors’ ability to comprehend speakers wearing masks and/or shields in court. I am also rethinking presentation materials to account for the likely relocation and spacing of jurors in the courtroom. Last, but not least, COVID-19, including related financial hardships and personal safety concerns, undoubtedly impacts our jury pool and is something I will want to explore in voir dire.
The Lawbook: All four federal districts in Texas experienced significant increases in new patent enforcement litigation during the first half of this year. Do you expect that trend to continue? What makes these venues popular places to file?
Aurentz & Fagan: Yes, we expect it to continue. Corporate relocations will continue to contribute to the growing patent litigation docket. The Texas federal courts have made a concerted effort to be patent litigation-friendly through the use of specific patent rules that provide predictability and transparency to litigants. The Eastern and Western districts have also attracted an extraordinary number of filings with the promise of a reasonably quick trial in an area that many plaintiffs perceive have a high percentage of plaintiff-friendly jurors. However, we have had overwhelmingly positive results for defense clients in these venues.
The Lawbook: Have you and Sidley worked together in the past? If so, please explain.
Aurentz: Yes, it was one of three places I worked as a summer associate. I have also worked opposite to Sidley in the appeal of Summit 6 v. Samsung, and had immense respect for Sidley’s work in that matter.
The Lawbook: Please share one or two career highlights.
Aurentz: Getting a complete defense victory for the Alamo Group and Bushhog Inc. in a trial against John Deere in John Deere territory in Iowa, where there is a bronze statue commemorating John Deere in the airport. I am also proud of my successful oral argument to the federal circuit in the Unwired Planet v. Google case in 2016.
The Lawbook: Do you have any specific interests in non-practice focused matters, such as pro bono, community service, diversity and inclusion in the profession? Please explain.
Fagan: I chair the Trial Skills Section of the Dallas Bar Association and have been involved in the Dallas legal community for some time.
Aurentz: I am particularly interested in mentoring young associates who want to gain trial experience.