Description:

Position Overview:
The Of Counsel attorney will play a significant role in managing and supporting intellectual property litigation matters, including patent, trademark, copyright, trade dress, unfair competition, and related business disputes.

The ideal candidate will have at least five years of substantive litigation experience, strong legal writing and case-management skills, and the ability to handle matters with a high degree of independence. Experience litigating patent, trademark, and copyright disputes is strongly preferred.

This position offers an opportunity to assume meaningful responsibility for existing matters, work directly with clients, collaborate with the firm's partners and attorneys, and participate in the continued growth of Gearhart Law's litigation practice.

Responsibilities:
  • Manage and participate in intellectual property litigation matters in federal and state courts.
  • Handle patent, trademark, copyright, trade dress, unfair competition, licensing, and related commercial disputes.
  • Develop case strategies in consultation with clients and firm leadership.
  • Draft pleadings, motions, briefs, discovery requests and responses, settlement agreements, and other litigation documents.
  • Conduct legal research and prepare clear, persuasive written analyses.
  • Manage written discovery, document production, depositions, expert discovery, and motion practice.
  • Take and defend depositions, as appropriate.
  • Prepare for and participate in hearings, mediations, arbitrations, trials, and settlement negotiations.
  • Coordinate with technical experts, damages experts, local counsel, vendors, and other members of the litigation team.
  • Communicate directly with clients regarding strategy, budgets, risks, deadlines, and case developments.
  • Assist with pre-suit investigations, infringement analyses, enforcement strategies, and responses to cease-and-desist demands.
  • Supervise and mentor associates, paralegals, and other litigation-support personnel when appropriate.
  • Support client development and the continued expansion of the firm's intellectual property litigation practice.
  • Maintain accurate time entries, matter records, litigation calendars, and case-management information.

Qualifications:
  • Juris Doctor degree from an accredited law school.
  • Active and good-standing membership in at least one United States state bar.
  • At least five years of substantive litigation experience.
  • Intellectual property litigation experience strongly preferred.
  • Experience with patent, trademark, and copyright litigation preferred.
  • Admission to the New York and/or New Jersey Bar preferred.
  • Admission to one or more federal district courts in New York or New Jersey preferred.
  • USPTO registration is helpful but not required.
  • Experience managing cases, discovery, motion practice, depositions, hearings, and settlement negotiations.
  • Excellent legal research, analytical, writing, and oral advocacy skills.
  • Strong organizational skills and the ability to manage multiple deadlines and matters.
  • Sound professional judgment and the ability to work independently.
  • Strong client-service and interpersonal skills.
  • Ability to work collaboratively in a growing, entrepreneurial law-firm environment.

Preferred Experience:
The firm is particularly interested in candidates with experience involving one or more of the following:
  • Patent infringement and validity disputes.
  • Trademark infringement, counterfeiting, dilution, and trade dress claims.
  • Copyright infringement and ownership disputes.
  • Preliminary injunctions and temporary restraining orders.
  • Trade secret and unfair competition matters.
  • Intellectual property licensing and ownership disputes.
  • E-discovery and complex document-management matters.
  • Expert reports, expert depositions, and damages analyses.
  • Federal appellate practice.
  • Inter partes review or other post-grant proceedings before the USPTO.
  • Business development or an established professional network.

Work Arrangement

This is an Of Counsel position with a flexible or hybrid work arrangement. The attorney should be available to collaborate with the firm's attorneys and clients and to attend court appearances, depositions, meetings, and other proceedings when required.

The precise structure of the relationship—including expected hours, workload, compensation, origination credit, and opportunities to develop or bring matters—will be determined based on the candidate's experience and the needs of the firm.

Compensation:
Compensation will be competitive and commensurate with experience, qualifications, workload, and business-generation capabilities. The compensation arrangement may include hourly or percentage-based compensation, origination credit, and other performance-based incentives.