Outside Litigation Officer

Concept

Faced with the complexity and uncertainty of litigation, and always affected by its outcome, many large companies employ a chief litigation officer and a supporting team of other experienced in house litigation counsel. The best of these counsel are able to design and drive effective litigation strategy for one large case or for the company as a whole, because they know what works in the courtroom and what doesn't. They know how to manage litigation in a manner that is closely aligned with the business goals of the company.

Bringing this same understanding and experience, and having worked with and against top trial lawyers in high stakes litigation around the world, our mission is to fulfill a similar role for growing innovation-driven companies that do not have a sufficient quantity of litigation to justify in-house litigation counsel and yet want or need the expertise and experience to manage and master their risks.

Services

Typically hired by the General Counsel or Chief Litigation Officer, Farber LLC functions as a strategic asset and provides an experienced resource on an as-needed basis in the following areas:

• Design and implementation of comprehensive processes and programs to reduce litigation risk or enhance its rewards across a corporation's portfolio of cases and which are focused on alignment and mutual economic benefit between the corporation and its outside trial counsel;
• Strategy and plan creation for large individual cases involving technology and innovation;
• Development of practical, efficient and high-quality litigation teams, which stay focused on the goals of the corporation; and
• Evaluation and communication of the various risks and opportunities to the business team and outside lawyers.

Recent Notable Representations

Responsible for the strategic management of teams that obtained the following:

• Summary Judgment of non-infringement for Covidien related to medical devices
• A jury verdict of non-infringement and Federal Circuit affirmance, for U.S. Surgical, thereby eliminating up to $400 million in potential exposure and injunction risk [Prior to Mark's involvement, U.S. Surgical had twice previously been found to willfully infringe the same patent.]
• Management of a mass tort Multi-District Litigation (MDL) involving 700 lawsuits related to pelvic mesh
• Early dismissals and favorable settlements of numerous product liability cases
• Favorable settlement of a patent infringement lawsuit related to surgical stapling technology, thereby eliminating over $500 million in potential exposure
• Obtained a jury verdict of infringement and damages related to medical devices
• Dismissal of all claims with prejudice in three separate patent infringement actions brought against medical devices after a combined Markman hearing
• Federal Circuit affirmance of a District Court ruling of non-infringement related to surgical mesh [The appellate decision is cited as a leading authority on patent claim scope disclaimers.]
• German preliminary injunctions for patent infringement against five separate companies related to surgical staplers
• German preliminary injunctions for patent infringement against mesh tacking systems
• Favorable global settlement of worldwide patent infringement actions related to surgical mesh products after Japanese litigation
• Dismissal of a Qui Tam complaint