Among 10 law firms featured, National Law Journal named Bird Marella to its 2014 “Litigation Boutiques Hot List” recognizing them for their creative approaches during their precedent-setting cases throughout 2013. In the feature article, “Legal Team Throws Out the Usual Playbook,” National Law Journal highlights the unusual trial strategies Bird Marella’s experienced litigators employ to win cases.
In March 2013, partner Ekwan Rhow secured a $3 million jury verdict in a trade secrets by proceeding to trial without conducting full-blown discovery. Co-managing partner Paul Chan commented, “He thought he was able to make a ton of headway in terms of really surprising them with cross examination at trial, which they did not get a free preview of during deposition. That’s what we do. We’re open to thinking about how do we win at trial.”
In a securities fraud case against Vitesse Semiconductor Corp. executive Eugene Hovanec, partners Gary Lincenberg and Peter Shakow used an often overlooked legal venue argument to help trip up the prosecutorial juggernaut mounted by U.S. Attorney Preet Bharara in the Southern District of New York. Lincenberg and Shakow were able to get six of seven charges against Hovanec dismissed completely on venue grounds after a 2012 trial, hanging the jury on the one remaining charge there and again when the case was retried a year later.
Among the highly successful cases highlighted in the article, the firm also provided trial tips, such as treat voir dire as if it’s the most important part of the case, as well as take a shot early in a trial at making an aggressive evidentiary objection—and learn from the judge’s inclinations at that point.