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Key Litigation Finance Strategies for Patent Practitioners


Speaker(s): DJ Healey, James Batson, Sarah Tsou
Recorded on: Jun. 20, 2019
PLI Program #: 281096

Ms. Healey has been practicing law for 34 years, and IP law for 25 years.  She has litigated and arbitrated cases in federal and state courts as well as the ITC and PTAB.  She is a frequent speaker on patent law and trade secrets, and is a leading expert on IP antitrust.  She is now also working as a mediator and arbitrator. She is also a consultant on IP licensing and strategy.  She has also been active in the Federal and Fifth Circuit courts of appeals, as well as the Texas courts:  She was counsel on the recent Supreme Court case WesternGeco v. ION, and a seminal Texas Supreme Court case on protections for corporate executives in discovery, In re Alcatel.  Among notable achievements are winning a $450,000,000 verdict in California State Court in a trade secret case, winning a dispute over $400,000,000 in licensing fees in an international arbitration, and she was the first lawyer to present a “FRAND” case in the ITC.  Ms. Healey has been named in best lawyers in America, a leading woman in IP law, super lawyers and ranked as a national top tier one in patent law by Chambers.


Sarah Tsou is an Investment Manager and Legal Counsel for Bentham IMF. Prior to joining the company’s New York office in 2019, Sarah was a partner in the intellectual property practice group at Kirkland & Ellis LLP, focusing on patent litigation. In addition to handling patent disputes spanning a broad range of technologies and industries, she also led trade secret and trademark litigation teams and counseled clients in corporate acquisitions, licensing matters, and other transactions. 

Sarah approaches litigation funding deal evaluation and diligence with the expertise of a litigator who has spent over a dozen years representing clients in all aspects of complex litigation from inception to trial. She has advised clients ranging from start-ups to Fortune 100 companies on risk, cost analysis, IP portfolio and market analysis, and strategy, and she understands the factors that companies and law firms weigh when deciding whether to engage in litigation. Her substantial case evaluation and trial experience informs her ability to structure funding deals that allow alignment of risk between all parties to the deal. Having secured significant verdicts and judgments for clients in industries including computer software, electronics, pharmaceuticals, medical devices, biotechnology, and oilfield services, she offers valuable insights to Bentham’s funded clients and their counsel when they need strategic advice during the course of litigation.
     
Sarah earned her JD from New York University School of Law and her BA from Washington University in St. Louis, graduating summa cum laude, with Highest Honors. 


James Batson, head of Bentham’s New York office, is one of the most experienced professionals working in the United States litigation funding industry. Before joining Bentham IMF in 2014, Jim held roles as Chief Operating Officer and Consultant for two commercial litigation finance companies. Jim helps companies and individuals obtain non-recourse financing for commercial lawsuits. He monitors a multi-million-dollar investment portfolio, managing the process from initial review through final resolution.

Jim serves as a strategic partner for the lawyers handling the cases in his portfolio, providing consultation as needed, without directing the course of the litigation. His guidance is drawn from 20 years of experience as a trial lawyer and senior partner with a prestigious plaintiff’s law firm that brought many of its cases on a contingent-fee basis. An accomplished litigator, Jim represented the plaintiff in Zubulake v. UBS Warburg, a case widely regarded as redefining parties’ e-discovery obligations in litigation. Jim proves to be a valuable resource for lawyers appearing in various jurisdictions. He has tried cases in federal and state court and before the American Arbitration Association, JAMS, FINRA and the Chicago Board of Trade. He also handled regulatory proceedings before the SEC, the NYSE and FINRA.

Jim frequently speaks about litigation finance at conferences, law firm seminars and other events. Jim received a B.A. in Economics and English from Cornell University, a J.D. from Fordham University School of Law, and an M.B.A. from Fordham University School of Business.