United States: 5 Things You Need To Become A Top Lawyer

The legal field is known to be extremely competitive. Lawyers are often smart, ambitious, and highly educated. That being said, what does it take to stand out and become a "Top Lawyer" in your specific field of law? In this interview series called "5 Things You Need To Become A Top Lawyer In Your Specific Field of Law", we are talking to top lawyers who share what it takes to excel and stand out in your industry.

As a part of this interview series, I had the pleasure of interviewing Eric Schweibenz.

Eric W. Schweibenz is a partner at Oblon, McClelland, Maier & Neustadt LLP in Washington, D.C., and serves as the firm's Co-Chair of the Litigation practice group and Chair of the ITC Litigation practice group. His extensive experience in complex litigation includes representing both domestic and foreign companies and their U.S. affiliates and subsidiaries across diverse technologies, including automotive and hybrid electric vehicles and components thereof, medical devices, semiconductors, gas turbine engines, liquid crystal display innovations, and oil and steel production. Mr. Schweibenz has handled several Section 337 ITC investigations, patent and trademark infringement and antitrust actions, Section 146 actions, patent interference cases, and assists with inter partes review proceedings and ex parte reexaminations at the United States Patent and Trademark Office.

Thank you so much for joining us in this interview series. Before we dig in, our readers would love to get to know you a bit more. What is the "backstory" that brought you to this particular career path in Law? Did you want to be an attorney "when you grew up"?

Istarted off in politics working for my local U.S. congressman. I wanted to make a difference in the world and help people solve problems. There were aspects of the experience I appreciated, but ultimately it wasn't the right path for me. I still wanted a career where I could apply my problem-solving skills, but I also wanted to try my luck in the private sector. So law seemed like a natural fit.

I enrolled in a non-prestigious law school. During the summer after my first year, I got the opportunity to work on legal affairs for a U.S. senator on Capitol Hill. That experience placed me around people who had graduated from the top law schools in the country - Harvard, Yale, Chicago University. They were all impressed with my research abilities - I love doing research. I realized that even though all these people around me had really great law school credentials, my talent alone could help me be successful on this career path. That was the motivation I needed to really apply myself and succeed in school and land my first law firm job.

How I went into IP really fits into the larger theme of bucking expectations. I'm a non-traditional IP attorney, meaning I don't have any advanced technical degree - though I do come from a family of engineers, so it is in my blood. With my knack for research and my ability to explain complex topics to lay people, I was a good fit to become an IP attorney. It all came together while I was working at a big Washington, D.C., general practice law firm in the antitrust practice. At the time in the late 1990s, a lot of IP cases had antitrust counterclaims. So I was working on a lot of IP cases as an antitrust lawyer. I realized I enjoyed patent law and set out to learn everything I could about it. And so I ended up taking the plunge into IP and have been doing that for 25 years.

Can you tell us a bit about the nature of your practice and what you focus on?

My claim to fame is that I am the first attorney to successfully file a motion to terminate a section 337 investigation based on a complainant's lack of constitutional standing before the U.S. International Trade Commission (ITC). In that case, I was serving as lead counsel for Aisin Seiki Co. Ltd., one of the largest global auto parts suppliers. They provide parts to major auto manufactures like Toyota and Honda. I used a strategy that combined a lack of standing defense at the ITC with the filing of several successful IPR petitions at the patent office to flip timelines so that the IPR findings preceded the ITC's final determination, allowing our client to get a decision from the Patent Office before the ITC's determination, erasing the opponents leverage in the case. That pretty much cemented my reputation for having unique knowledge and skills in Section 337 practice and has made me a go-to attorney for all issues relating to the ITC.

You are a successful attorney. Which three character traits do you think were most instrumental to your success? What unique qualities do you have that others may not? Can you please share a story or example for each?

I have a reputation for being fearless. That strategy I used at the ITC to terminate that case for lack of constitutional standing was certainly novel and other more experienced attorneys at very reputable IP firms doubted it would ultimately succeed. But even though such a tactic had not been tested before, I had confidence in my argument. And ultimately, I prevailed for my client.

I am also patient. There's an old proverb that says something like, "A river cuts through a rock, not because of its strength but because of its persistence." I live by that. In this industry, you don't get a lot of instant gratification. For example, it took me a longer time than average to make partner. But my persistence and unshakable work ethic eventually led to me being elevated to partner status.

I also have a lot of tenacity. People will tell you I am relentless if I know I am right about something. It doesn't matter if you try to beat me into the ground and think you've won the argument. You have to drive a stake through my heart to get me to back down.

Do you think you have had luck in your success? Can you explain what you mean?

I believe in the saying that you make your own luck. I think that has been true for me. My luck has been putting myself out there to meet people who have steered me in the right direction within my career. For example, when I graduated law school in the late 1990s, there was an economic downturn. I had luck in meeting people who pushed me toward joining a patent boutique, which led to more career stability. I also had luck in joining Oblon, which rewards its attorneys based on merit and not simply prestige.

Do you think where you went to school has any bearing on your success? How important is it for a lawyer to go to a top-tier school?

When it comes to my career path, I'm like a Horatio Alger character. As I mentioned, I didn't go to a prestigious law school. If I could have gone to Harvard, that would have changed my life. It was my hard work ethic that allowed me to succeed. That said, in this industry, where you go to school definitely has an outsized influence on your career. That fact is undeniable.

Based on the lessons you have learned from your experience, if you could go back in time and speak to your twenty-year-old self, what would you say? Would you do anything differently?

I wouldn't do anything differently, but I would tell myself to calm down and not worry so much. It's the same advice I say to younger people and younger attorneys I now mentor. You may want instant gratification, but it doesn't work that way. It's easy to see other people succeed and wonder why it isn't you. I say just take a deep breath and realize you're going to be OK. Just do what you think is right, be kind and generous to people, and everything will work out.

This is not easy work. What is your primary motivation and drive behind the work that you do?

I love a beautiful mess. The messier things are, the more complicated they are, the more I love it. The type of disputes I work on get really complicated. For example, they often involve the intersection of patent law, the Federal Rules of Civil Procedure, and technology. There's also a lot of bizarre fact patterns involving subsidiaries and foreign companies that further complicate things. I love distilling this complexity into basic parts to serve as the bridge between the technical people and the judge or jury. If I can take the complex and whittle it down into something even I can understand, then that means I've done my job.

What are some of the most interesting or exciting projects you are working on now?

I've been so blessed to work with Toyota for a large portion of my career. I love the company, the way they operate, and the projects they give me. They do exciting work, including work involving alternative fuel sources, like electric and hydrogen-powered vehicles. And I'm not a true car guy, but I do find auto-related technology fascinating. Maybe it's because of the complexity. You would think an automatic transmission isn't that complicated, but you open one up and you'd find it's one of the most complicated devices you'll ever see.

Where do you go from here? Where do you aim to be in the next chapter of your career?

I want to show the world that Oblon has reinvented the way IP services are delivered to clients. We are one of the largest IP boutiques in the world, and we've always been on the cutting edge of patent law. So I'd say that my next chapter is to be a champion for Oblon so that people have a better understanding of the Oblon way. I want to get others excited about us, whether that means excitement to work for us or with us.

Without sharing anything confidential, can you please share your most successful "war story"? Can you share the funniest?

My most successful war story was the one where I successfully had a case terminated by the ITC over lack of constitutional standing.

The funniest story occurred in a case before a U.S. District Court in Texas. I was working with local Texas counsel who warned me that the judge who was presiding over our case disliked motions to dismiss. When I say disliked I mean he almost never granted them, and if you tried to argue with him, he would likely not look upon you and your client in a positive light. As I've said, I'm fearless, and so I insisted on filing a motion to dismiss anyway. As expected, the judge appeared inclined at the hearing to deny it. That wasn't going to stop me, and neither was the fact that local counsel literally grabbed my suit to stop me from standing up and speaking anymore. So I stood up, and argued something to the effect of, "I know you hardly ever grant motions to dismiss, but I'm not going to let this go. If there ever was a motion to dismiss that you should grant in a patent case, this is it." Local counsel literally had his face buried in his hands. The judge then turned to me, smiled and said something like, "Ok counsel, tell me more." I then explained my clients' position, and the judge ultimately granted my motion to dismiss.

Ok, fantastic. Let's now shift to discussing some advice for aspiring lawyers. Do you work remotely? Onsite? Or Hybrid? What do you think will be the future of how law offices operate? What do you prefer? Can you please explain what you mean?

I was working remotely before the pandemic. I made the decision to leave office life after I asked a bunch of senior litigators inside and outside my firm what their biggest regret in life was. And the unanimous answer was not spending time with their kids when their kids wanted to spend time with them. I was a young father, so I took that to heart and have been working remotely ever since. At the time, people said working from home would be a career killer. But my billings have gone up since I moved outside the office. I still work long hours at home, but I have breaks where I get to spend time with my 8-year-old son. That makes a huge difference in his life.

Is working remotely the right decision for everyone? No. There are some people who make horrible remote workers. I know some lawyers that can only do work if they are in the office. The key to being remote is you have to be even more accessible than if you were in the office, and not everyone is good at making themselves that accessible.

How has the legal world changed since COVID? How do you think it might change in the near future? Can you explain what you mean?

The biggest change in the legal world is people dealing with the complexities of remote working. I'm not just talking about law firms but the courts as well. Judges are much more willing to conduct hearings remotely. That said, sometimes I think it is more stressful to prepare for a remote hearing than an in-person one. There is a human element to the practice that gets lost.

Based on your experience, how can attorneys effectively leverage social media to build their practice?

I'm not much of a social media person, but for those who may be more timid or shy, it allows them to have more of a presence, particularly if you're not good at in-person networking. It also helps extend your reach. Personally, it has helped me launch and grow an audience for Oblon's ITC 337 Law Blog.

Excellent. Here is the main question of our interview. What are your "5 Things You Need To Become A Top Lawyer In Your Specific Field of Law?" Please share a story or an example for each.

My first piece of advice is to work harder than everybody else. Back when I worked in an office, I was always the first one in and the last one out. If I lose a case, I don't want to look back and think I could have given more. The opponent may have beaten me, but I know I worked harder.

Next is to listen. Listen to what is said in a deposition and then follow up with questions. Don't just stick to your outline.

Be kind and generous. It sounds like a basic thing, but mentoring people and donating your time when possible to give back is really important. I have spent a lot of time mentoring younger attorneys, and I had people who took time to mentor me, which was especially helpful. It also benefits you. I have gone back to my law school and given speeches that have inspired others to succeed. They then went on to work at clients and have given me business. Having that payoff is one of the most satisfying things in the world.

Be organized and prepared. Always think about what you're going to argue and try to anticipate the opponent's position. And be prepared with a plan B if your argument doesn't work. I once walked into court where I had a really strong argument, and immediately the judge told me she had reviewed my argument and completely disagreed with it. So I had to come up with something else on the fly, which would have been easier if I had something else to fall back on.

Finally, be yourself. Don't try to be someone you're not or to imitate someone else. Being yourself is one of the hardest things to do, but if you can do it, you'll feel a real sense of freedom.

We are very blessed that some of the biggest names in Business, VC funding, Sports, and Entertainment read this column. Is there a person in the world, or in the US with whom you would love to have a private breakfast or lunch, and why? He or she might see this. :-)

Putting all the salacious headlines aside, I would say Elon Musk. There is something about him that I really like. He doesn't seem to care what others think, and he doesn't apologize for who he is. He is also a very successful businessman but is non-traditional. I love people who go against conventional wisdom and have great success. I love people who do things a different way and who do it while being themselves.

This was very inspiring. Thank you so much for the time you spent with this. We wish you continued success and good health!

Originally published by Authority Magazine.

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