The Next Generation of IP and Technology Trial Lawyers RO B INS KA P LA N LLP A TTORNEYS OF THE MONTH“We exceed expectations.” “As a full-service digital forensics and eDiscovery provider, Shepherd Data delivers more than just technical expertise. At Shepherd, we understand your end game because we’ve worked as attorneys and paralegals in corporate legal departments and law fi rms. We also provide a level of customer service that surpasses even the highest of standards. Litigation teams around the country have relied on Shepherd Data Services for eighteen years. See what we can do for you and discover what you’ve been missing.” — Chris Chalstrom Founder, CEO Shepherd Data Services 612.659.1234 | shepherddata.com ® ® Choose Shepherd Data Services for: DIGITAL FORENSICS • Forensic Collections • Secure Data Preservation • Comprehensive Data Analysis • Expert Testimony • Cost-effective Smoke Detector Test • fOne™ Mobile Forensic Data Processing eDISCOVERY • Processing & Hosting • Analytics • Review • Productions • Project Management • Reporting MANAGED REVIEW • Experienced Attorney Reviewers • Secure State-of-the-Art Technology • Technology Assisted Review • Effi cient Workfl ows and Processes • Scalable Resources TRAINING AND CONSULTING • Resolving Complex eDiscovery Challenges • Employee Off-Boarding • Customized Training and Education • Shepherd Speaks SeriesThe Fund for Legal Aid and the Hennepin County Bar Association thank our September 17 Virtual Law Day Celebration sponsors for protecting rights and improving lives! mylegalaid.org/lawday 612.746.3709 Underwriters ($12,500) Anthony Ostlund Baer & Louwagie P.A. Ballard Spahr LLP Bassford Remele, P.A. Dorsey & Whitney LLP Faegre Drinker Biddle & Reath LLP Felhaber Larson Fox Rothschild LLP Fredrikson & Byron, P.A. Gustafson Gluek PLLC Hogan Lovells US LLP Jones Day Lathrop GPM Foundation Mel Dickstein ADR LLC Robins Kaplan LLP Schwegman Lundberg Woessner Stinson LLP Taft Stettinius & Hollister LLP Thomson Reuters U.S. Bank Partners ($7,500) Anonymous Greene Espel PLLP Maslon LLP Merchant & Gould P.C. Moss & Barnett, A Professional Association Nilan Johnson Lewis PA UnitedHealth Group Zimmerman Reed LLP Promoters ($2,500) Best & Flanagan LLP Best Buy Company Inc. Cargill Law Carlson Caspers Vandenburgh & Lindquist, P.A. DLA Piper LLP Dykema Eckland & Blando Halunen Law Hellmuth & Johnson PLLC Andrea Kaufman and Jim Jacobson Larkin Hoffman Daly & Lindgren Ltd. Medtronic, Inc. Mitchell Hamline School of Law Mitchell Hamline School of Law Faculty and Staff Nichols Kaster, PLLP Pauly, DeVries Smith & Deffner, L.L.C. Piper Sandler Companies Schechter Dokken Kanter CPAs Schwebel, Goetz & Sieben, P.A. Target Corporation Thom Ellingson, PLLP Twin Cities Business University of Minnesota Law School Faculty and Administrators Wells Fargo & Company Winthrop & Weinstine, P.A. Zelle LLP Patrons ($800) Aafedt, Forde, Gray, Monson & Hager, P.A. Accredited Investors Wealth Management Arthur, Chapman, Kettering, Smetak & Pikala, P.A. Baillon Thome Jozwiak & Wanta LLP Barna, Guzy & Steffen, Ltd. Bertelson Law Offices, P.A. Cousineau, Van Bergen, McNee & Malone, P.A. Dady & Gardner, P.A. DeWitt LLP Fafinski Mark & Johnson, P.A. Mike Fargione Financial Advisors LLC Fish & Richardson P.C. Gregerson, Rosow, Johnson & Nilan, Ltd. Grell Feist PLC Henson & Efron, P.A. Hunegs, LeNeave & Kvas Kennedy & Graven, Chartered Maureen Kucera-Walsh Littler Mendelson P.C. Lockridge Grindal Nauen P.L.L.P. Long, Reher, Hanson & Price, P.A. Mackenzie Law Office Madigan, Dahl & Harlan, P.A. Meyer Njus Tanick, PA Minnesota Lawyers Mutual Insurance Company Ravich Meyer Kirkman McGrath Nauman & Tansey, P.A. Soule & Stull LLC TCF National Bank Legal Department Tewksbury & Kerfeld, P.A. Tuft, Lach, Jerabek & O’Connell, PLLC University of St. Thomas Law Faculty John R. Wald and Marianne T. Remedios Zamansky Professional Association Vendor Sponsors ($5,000) Attorney at Law Magazine ($2,500) Affiance Financial - Steve and Sheri Lear Rust Consulting and Kinsella Media ($500) Marco Technologies, LLC Round 3 | CONCEPT A PMS 7693PMS 636PMS 7690Greetings Minnesota legal community and welcome to another issue of Attorney at Law Magazine. The season has turned, and nature’s impressive show of colors is unfolding as this issue goes to press. As we set our sites on the future, COVID-19 concerns con- tinue, as the death toll from the pandemic continues to climb, and outside options to interact diminish. The re- cent loss of Supreme Court Justice Ruth Bader Ginsburg sets the stage for an even more contentious political environment, with elections drawing near and concerns about voter fraud and outside influence commonplace. Natural disasters continue across the United States, as do economic and social justice concerns. 2020 has been unlike any other, indeed. And yet, much great work and change are unfolding within the Minnesota legal sector. This issue of Attorney at Law Magazine presents a great story about the Next Generation of IP and Technology Trial Lawyers at Robins Kaplan LLP. Also, we partnered with Affinity Bar leaders and present a distilled summary of a panel discussion among them, in the wake of recent tragedies and social unrest. Also inside read- ers can learn about the importance of sleep, as a prescription for well-being; the pandemic social safety net provided by Legal Aid; and much more, as Attorney at Law Magazine again readies a No- vember Women In Law special issue. Enjoy! David Seawell PUBLISHER 763-742-2805 DSEAWELL@ATTORNEYATLAWMAGAZINE.COM FROM THE Publisher CONTRIBUTING Editors Z. PETER SAWICKI INTELLECTUAL PROPERTY JAMES L. YOUNG INTELLECTUAL PROPERTY Attorney at Law Magazine is published by: Target Market Media Publications Inc. David Seawell PRESIDENT & CEO INSIGHT MEDIA, INC. EXECUTIVE PUBLISHER ATTORNEY AT LAW MAGAZINE Howard LaGraffe VICE PRESIDENT Caitlin Keniston EDITOR Susan Cushing Veronica Jauregui ASSISTANT EDITORS Jaqueline Dávila GRAPHIC DESIGN Z. Peter Sawicki James L. Young CONTRIBUTING EDITORS Leykn Schmatz Jeff Storms H.K Wilson Robin M. Wolpert CONTRIBUTING WRITERS Eclipse Productions PHOTOGRAPHY Copyright ©2020, Target Market Media all rights reserved. Reproduction in whole or part is strictly prohibited. Advertising rates on request. Bulk third class (standard) mail. Although every precaution is taken to ensure accuracy of published materials, Attorney at Law Magazine & Target Market Media cannot be held responsible for opinions expressed or facts supplied by authors. Corporate Office : 5828 North 7th Street, Suite 200 Phoenix, AZ 85014 Phone (480) 219-9716 www.tmmpublications.com • info@tmmpublications.com TARGET MARKET MEDIA TARGETMARKETMEDIA Northern Alabama | Atlanta | Chicago | Dallas | Ft. Lauderdale Jacksonville | Los Angeles | Miami | Minnesota North Carolina Triangle | Ohio | Philadelphia | Phoenix | San Antonio Salt Lake City | Middle Tennessee | Washington D.C. ATTORNEY AT LAW MAGAZINE · MINNESOTA · V OL. 9 NO. 9 46 Robins Kaplan LLP Attorneys of the Month 10 Incomplete Musings on Patent Ownership By Z. Peter Sawicki and James L. Young 12 Remaking America Into a House of Equality By H. K. Wilson 19 Safety Net in a Pandemic By Leykn Schmatz 20 Prescription for Well-Being – Sleep By Robin M. Wolpert 21 On Your Own: Drop the Niceties By Jeff Storms SPECIAL SECTIONS 22 Talk of the Town TABLE OF Contents 6 1210 AttorneyAtLawMagazine.com 5A TT ORNEY S OF THE MONTH of IP and Technology Trial Lawyers BY H. K. WILSON The Next Generation SHARON ROBERG-PEREZ, PATRICK ARENZ , DAVID PRANGE & AARON FAHRENKROG ATTORNEY AT LAW MAGAZINE · MINNESOTA · V OL. 9 NO. 9 6For more than 80 years, Robins Kaplan LLP has been a champion of entrepre- neurship and ingenuity. From a two- person partnership, this premier trial law firm has grown to more than 250 attorneys across eight key cities, backed by the most sophisti- cated personnel, knowledge and technologies to ensure the effective resolution of its clients’ most complex enterprise problems. As an innovator in the law, Robins Kaplan is constantly adapting to keep pace with the changing needs of the people and industries it serves. Robins Kaplan is further strengthened by its diversity, an ideal inspired by the belief that the varied backgrounds of its people en- riches its practice of law. CHRISTOPHER LARUS is chair of the Na- tional IP and Technology Litigation Group. He says that he and his colleagues are united in a fundamental purpose: to help clients pro- tect ideas. “Our firm has, in its 80-year history of liti- gation, tried some of most challenging cases in this country. Our intellectual property and technology lawyers are a large team of very talented folks. Here, they are trained early about the challenges of presenting complex technology topics to judges and juries. Our greatest value proposition is the incredibly talented people we have at every level. The four attorneys we are highlighting here reflect diverse backgrounds and practices. The point of commonality across them all is their abil- ity to understand highly complex science and other technical matters and distill the most relevant issues for presentation to a jury in a clear, understandable and compelling way.” PATRICK ARENZ handles high-stakes dis- putes for clients ranging from Fortune 100 companies to small, inventor-led firms and individuals. His practice centers on patent and copyright infringement matters, trade secret misappropriation, breach of contract disputes, and business and individual tort cases. He chaired Robins Kaplan’s Pro Bono Committee from 2015 through 2018 and now chairs the firm’s Recruiting/Hiring Commit- tee. HKW: Describe your role in helping clients protect ideas. PA: Intellectual property rights are only as valuable as the ability to enforce them. Most of the clients I work with need help because another company, and often a larger, better- funded company, has already misappropri- ated their innovation. My role as a trial lawyer then is to level the playing field, vindicate their IP rights in court, and ensure they receive full compensation for the infringement. HKW: Tell me about your current role as chair of the Recruiting/Hiring Committee and how Robins Kaplan is expanding to meet the needs of clients. PA: Robins Kaplan has an 80-year history of high-stakes trials and results. That’s what brought me to the firm and what I enjoy the most to this day about my practice. As the chair of the Recruiting Committee, I enjoy searching for those who want to share in this mission and become the next generation of elite trial lawyers: excellent writers, charis- matic storytellers and resilient advocates. HKW: What is extraordinary about the col- laboration and resources at Robins Kaplan, and how do these drive results? PA: Our Trial Support Group and mock courtroom are unique advantages for our firm. Es- pecially now with many remote hear- ings, we have a behind-the-scenes pro team that can ensure everything goes smoothly. And our mock courtroom, which replicates federal courthouses across the country, pro- vides a perfect space. Just a few months ago, in fact, I tried (and won) an entire arbitration by Zoom from our court- room without a single disruption. While I’m a believer that every trial lawyer needs to know how to operate technology in the courtroom himself, it’s a huge advantage to have our team of experts who are always at the ready to fix any glitch. AARON FAHRENKROG represents both plaintiffs and defendants in all aspects of patent litigation and trial in complex cases involving patents, strategic IP monetization, class actions, technology licensing and pub- licity rights. He studied chemical engineering PATRICK ARENZ AttorneyAtLawMagazine.com 7and has a proficien- cy in learning in- tricate technology in a range of areas including circuit architecture, 3D graphics rendering and semiconduc- tor fabrication. He enjoys patent cases because they pres- ent an intersection of technology, eco- nomics, business and persuasion. HKW: How does your way of think- ing as a scientist enhance your approach to IP litigation? AF: I would say it’s a combination of think- ing like a scientist, an engineer, a business- person and a storyteller — all of these go into our work. Like a scientist, we have to envision things that haven’t been created or proven yet — like the value of certain IP — and test whether they’re possible. Like an engineer, we have to figure out how to use the available re- sources in the most efficient way possible to drive to the best result for our clients. Like a businessperson, we have to make good invest- ment decisions about where to invest our re- sources given the potential returns. And like a storyteller, we have to communicate very complex ideas in a simple way that people like jurors can understand. All of these come together for successful IP licensing, litigation, trials and appeals. HKW: In what ways is Robins Kaplan a forward-looking firm, and what opportu- nities does this create for lawyers? AF: We have a long history of sharing risk with our clients, particularly in pat- ent and other IP cases. This creates a cul- ture of entrepreneurship — often helping our clients identify new opportunities to create value or share in the risk of taking on opportunities that our clients might otherwise forego if they have to bear all the risk themselves. When you combine entrepreneurship with a focus on trial, it forms an environment of envisioning new opportunities and how our clients will ul- timately realize value on those opportuni- ties in the courtroom. This aspect of value creation is one of my favorite things about our firm. For our lawyers, it presents op- portunities to think beyond the usual rules and process and create new value for our clients. DAVID PRANGE is a trial lawyer and li- censed patent attorney. He helps clients navigate complex intellectual property issues across a wide range of technologies. His ex- perience includes patent infringement, trade secret misappropriation, and trademark in- fringement, as well as insurance coverage and contractual licensing relating to intellectual property assets such as patents, standard-es- sential patents and trade secrets. HKW: How are COVID and the transition to remote work impacting the protection of trade secrets, and how are you and your prac- tice group responding? DP: The rapid transition by businesses to a remote work environment has, in many cases, changed the protection framework that com- panies have employed to protect their trade secrets. Companies must now confront new risks; for example companies may have less control over employee access to trade secrets, trade secret access and transmission may be through riskier channels, and simplified re- mote access or hardware communication sys- tems provides more potential breach points for misappropriation. The result is that com- panies need to be even more diligent and eval- uate the trade secret access policies, hardware and software requirements and protocols, and to identify new risk indicators to signal when action should be taken. We have worked to educate our clients on these increased and evolving risks, identifying where attention should be focused, and counseling when to take action. HKW: What other trends do you see in your area of practice in terms of increased risk and claims? DP: For years, succeeding on a patent claim has become harder – for example, increased validity scrutiny through PTAB/IPR practice and through increased scrutiny to any calcu- lation of damages relating to infringement. This has caused many companies to reevalu- ate whether obtaining patents is the best strat- egy to protect intellectual property, and it has resulted in a renewed focus on trade secret protection. Trade secret protection in many cases may be a better avenue than patent pro- tection to protect certain types of informa- tion, such as algorithms or other computer- related innovations, which in many instances have growing and significant value in the digi- tal economy. SHARON ROBERG-PEREZ is an M.I.T- trained Ph.D. who leverages over a decade of experience working as a molecular biologist in her legal practice. Dr. Roberg-Perez’s practice focuses on intellectual property disputes be- AARON FAHRENKROG DAVID PRANGE ATTORNEY AT LAW MAGAZINE · MINNESOTA · V OL. 9 NO. 9 8tween biotechnology, medical devices or life sciences companies of all sizes, ranging from start-up companies to one of the world’s larg- est medical device manufacturers. She serves on Robins Kaplan’s Diversity Committee and has been an instructor in the firm’s Exception- al Advocate Training Program. HKW: What prompted your transition to law? SRP: While I very much enjoyed the in- tellectual challenges of being a research bi- ologist, I wanted my daily work to have real- world impact. That is what drew me to patent litigation. No one starts a patent fight unless there is technology at issue that has been suc- cessful on the market — technology that is meaningful. In my practice, that has meant anything from touch screens to genetic assays to heart valves. HKW: How do you take complex ideas and make them accessible to juries and judges? SRP: You have to find and tell the story. A case starts with a patent. But the story is in the documents, and in witness testimony. Once the story has been fully fleshed out, it then has to be honed. Even in cases with millions of documents, likely only a handful will matter at trial. You have to find the narrative that lets you present the salient facts at a hearing, or to the jury, in a way that is memorable. HKW: Tell me about your role as co-chair of the Diversity Committee and how Robins Ka- plan is taking an active stand for social justice both inside and outside the firm. SRP: Robins Kaplan has had a formal di- versity committee since 1999, but diversity and inclusion have been at the heart of this firm since its inception in 1938. The firm was founded by two Jewish lawyers who were de- nied opportunities at other firms because of anti-Semitism. Since then, the firm strives to be a place where all talented attorneys are wel- come. Internally, the firm’s Executive Board ad- opted the Leaders Engaged in the Advance- ment of Diversity (LEAD) Initiative in 2015, empowering firm leaders to take ownership of diversity by appointing a Diversity Champion on the Board, formulating a written plan to better ingrain diversity in hiring and advance- ment decisions, and requiring regular reports from each area of the firm to the Board. The results from LEAD have been imme- diate, tangible, and transformative. For ex- ample, the firm established a rule (similar to the NFL’s much-publicized “Rooney Rule”) requiring that a diverse slate of candidates be considered for all lateral associate positions. In the first year after the rule was implemented, the firm increased its hiring of associ- ates of color by 30 percent and those identifying as LG- BTQ by 13 percent. Similarly, the firm implemented a retention and de- velopment program to identify and sup- port future leaders who are women, attorneys of color, and LGBTQ in- dividuals. Partici- pants in the pro- gram receive ad- ditional mentoring and skills training to support their practices and facilitate future advancement. One hun- dred percent of participants in the first co- hort of the program are still with the firm, 87 percent have advanced to partner, and many report increased morale as a result of the sup- port they have received. The firm hopes to see each Future Leader ultimately join the part- nership. Externally, the firm has a long history of rep- resenting individuals who have been harmed. Some of my colleagues, for example, repre- sent clients who have been harmed by police misconduct in civil rights cases. Moreover, all of our attorneys are active in pro bono work, routinely partnering with organizations such as the Advocates for Human Rights, Lambda Legal and state Attorney General Offices. Larus concludes, “We are truly standing on the shoulders of giants who are part of the great history at this firm. But we are very much looking forward to the needs our clients will have in the future. It is borne out in the investment we are making in innovation and technology, and the way we are representing in different areas of law that is different than in years past. It is demonstrated in our desire to put out front and center the next genera- tion of trial lawyers that reflects so well on the broader team who will be titans of bar in times to come. It’s very rewarding to work with this team of smart, driven, talented people, to talk through complex ideas and make sure we are providing folks with the very best advice.” ROBINS KAPLAN LLP 800 LaSalle Avenue, Suite 2800 Minneapolis, MN 55402 (612) 349-8500 RobinsKaplan.com We are truly standing on the shoulders of giants who are part of the great history at this firm. But we are very much looking forward to the needs our clients will have in the future.” SHARON ROBERG-PEREZ AttorneyAtLawMagazine.com 9Next >