Notable Successes

John M. Desmarais

John Desmarais, founding partner of Desmarais LLP, recently spoke with The Am Law Litigation Daily about the firm’s trial strategy, hiring process, plans for growth, and victories during the last 12 months.
 
In the interview, published March 7, 2022, Desmarais detailed the firm’s unique training programs that ensure attorneys at every level are ready to try cases. Each associate goes through yearly mock trial training, mock deposition training, mock argument sessions, evidence seminars, and other programs, which gives them the necessary skills to prepare a case for trial and enables the firm to approach each matter as if it will be tried, he said.
 
“When we field a team, from the first-year associate to the lead partner, every person is focused on setting the case up for a win at trial. The team we put on a matter at the beginning is the team you will have at the end, and everyone knows what the case is about and how we are going to win it,” Desmarais said.
 
“When you focus on winning strategies from the outset, though, often that will yield a victory at the motion to dismiss or summary judgment phase. By focusing on the trial strategy from the beginning, it allows you to put the case in a position to win or settle early on — and can drive a good result,” he added.
 
Desmarais also noted the firm is highly selective when hiring associates, only extending offers to leading candidates from top-tier schools. He explained that Desmarais LLP is a great place to work and that the firm offers a best-in-class pay and benefits package, in addition to its training programs. But some factors limit the firm’s growth, namely the small number of scientists/engineers who go to elite law schools, earn top grades, and pursue careers as trial attorneys.
 
“We’d rather turn down business because we don’t have enough great lawyers to handle extra cases, than lower our standards to hire lawyers simply to allow us to take on more work,” he said.
 
Desmarais also discussed the firm’s plans to grow its San Francisco and Washington, D.C. offices. The D.C. office, which opened in 2021, includes the rapidly expanding International Trade Commission Practice, which was built around partners Goutam Patnaik, Tuhin Ganguly and David Shaw, who joined when the office launched. The San Francisco office, which opened in 2019, has also grown steadily and is now looking to add several associates and counsel by the end of 2022.
 
Additionally, Desmarais detailed the firm’s biggest wins from the past 12 months. These include securing a settlement for clients ViiV Healthcare and Shionogi & Co. with a $1.25 billion upfront payment plus a 3% royalty from Gilead Sciences; winning $1.9 million in attorneys' fees for Cisco in a case that recognized flat-fee billing as an alternative to hourly billing; obtaining a very favorable settlement for Avanos Medical after several pre-trial victories against Medtronic in a case involving a high-tech pain treatment device.; and numerous wins for both petitioners and patent-owners before the Patent Trial and Appeal Board.
 
“All these cases highlight the firm’s unique approach to prioritizing how we can win the trial in the early stages of the case, which helps us focus in discovery on gathering the evidence and admissions we need to set up summary judgment motions,” Desmarais said. “Because of this trial focus, we view depositions not simply as fact-finding exercises, but as opportunities to use a large portion of each deposition to obtain admissions that will allow us to either win at the summary judgment phase or, failing that, to execute a strong cross-examination at trial.”
 
The Am Law Litigation Daily/Law.com – “Litigation Leaders: Desmarais LLP Founder John Desmarais on the Firm's Early Focus on Trial Strategy”
 

John M. Desmarais