Finnegan, Henderson, Farabow, Garrett & Dunner LLP - The Inside View

Intellectual property superstar Finnegan attracts some of the best and brightest talent across the country. How do we know? Over 300 of its professionals hold scientific degrees and of those hundreds, almost 70 have PhDs. Want more proof? Finnegan’s numbers don’t lie and neither do its Chambers USA titles; the firm scores big in intellectual property nationwide, particularly in Northern Virginia, with notable prowess in international trade: intellectual property and life sciences as well. Better still, intellectual property: litigation, intellectual property: patent prosecution, and intellectual property: trademark, copyright and trade secrets are all given their flowers too in the firm’s DC homebase.

“…really, the best you could do if you want to go into IP.”

You know what else doesn’t lie? Finnegan’s associates. “I remember walking out of my interview with some of the partners and associates immediately knowing that these are the type of people I want to work with,” one reminisced, with another corroborating, “It was very consistent. Everyone was saying the same things about the culture, and it was clear the people liked working there. I could feel their genuine happiness!” Interview aside, the IP of it all was a huge selling point for aspiring associates, we were told. The “caliber of work” coupled with “the clients they work for” made for a perfect match amongst IP-focused students. “If you were interested in IP, Finnegan was a known player in the field,” an interviewee nodded, “It’s definitely seen as top of the market – really, the best you could do if you want to go into IP.”

And it’s not just the property that’s intellectual at Finnegan: “Everyone is so bright and driven,” one associate gushed. The culture was a big draw too – so much so that those who leave the firm come back often enough that they’ve been dubbed ‘Finnagains’: “They realize what they left and come back!” an associate quipped. With stateside offices in cities from Boston to Palo Alto, Finnegan always has somewhere for you to come back to, though most of the juniors on our list were based in the firm’s main Washington, DC office, with Reston and Atlanta coming a close second.

Strategy & Future

Finnegan has had a big year. A twelve-strong partner class coupled with lateral hires across its offices indicate where the firm’s looking to grow. Alongside hires like Johannes Druschel and Jonathan Wurth in Munich, the firm has welcomed back a few Finnagains, rehiring Anna Chauvet to head the copyright practice and Daniel Roland who had a stint in the Department of Justice. Further strengthening its IP practice, the firm also hired Mary Till, former legal adviser at the US Patent and Trademark Office.

IP remains the firm’s focus, as evidenced by Finnegan’s investment in services complementary to its practice such as German patent litigation, advertising, privacy – “which has been an emerging field with the rise of AI” – and European patent litigation, including the Unified Patent Court.

The Work

Rather than sorting associates into the typical litigation or corporate groups, Finnegan divides its newbies by tech sectors based on their educational background, including but not limited to mechanical, electrical, chemical and metallurgic, and biotech and pharma. Associates are welcome to work across groups though, especially if they have relevant industry experience that overlaps several practices. “It’s fluid as long as you’re able to add value to the matter,” an interviewee explained. In terms of how you get on these matters, staffing works almost exclusively on a free market basis as this insider detailed: “There’s no one person who tells you what your work is. It’s on you to go out there and find it.” While we heard mixed reviews about this system’s impact on the ability for juniors to get work, interviewees were mostly positive: “It forces us to build relationships early on and seek out people who would be a great fit.” This source added, “You’ve got to take ownership of your docket and whether you hit your target” this way, and since building relationships is a large part of lawyering, “practicing networking skills early on is helpful” because eventually, “people seek you out based on your reputation.”

“You’re learning about the latest and greatest tech…”

The biotech and pharma group is a “mixed practice” of litigation, prosecution and counseling that represents a range of clients, from small biotech startups to big pharma companies: “working on their new drugs or coming up with strategies to protect them.” Litigation here involves patent trials and appeal board (PTAB) matters with some “rare” district court, federal circuit and state court work on the side, while prosecution largely covers patent prosecution – “filing patents and working with inventors” – alongside due diligence on M&A from an IP perspective and licensing deals. Responsibility here varies “depending on what type of team you’re on,” an associate noted explaining, “We have bigger clients where there are bigger litigations – higher budget and higher stakes – so those larger teams will have less substantive work right away.” That said, there are plenty of clients where teams and matters are smaller, so there are opportunities to get substantive work as a junior. Although you “pay your dues” with the typical discovery and doc production, insiders mentioned drafting export reports and prepping witnesses for depositions, grateful for the exposure so early on. This sentiment is best summed up by what one junior said of prosecution, their favorite area in biotech and pharma: “You’re learning about the latest and greatest tech, seeing where firms are shifting their focus. So, you get a big-picture perspective of a company and their goals; getting to play a small part in helping a company achieve that is really interesting and exciting.”

Biotech & pharma clients: Eli Lilly, Alzheon, Bausch Health Ireland. Successfully represented petitioner Incyte in an inter partes review challenging the validity of Concert Pharmaceuticals’ patent before the Patent Trial and Appeal Board.

Chemical and metallurgic associates aren’t too different from their biopharma counterparts, though they work with predominantly energy and pharmaceutical companies, and “our biggest driver is ANDA litigation.” For the uninitiated, this has to do with amendments to the Hatch-Waxman Act allowing for a shortened process for FDA approval of generic versions of patented pharmaceuticals by filing an Abbreviated New Drug Application (ANDA). Aside from this, brand-on-brand and trade secrets cases aren’t uncommon, and counseling – due diligence, health checks for patent portfolios, freedom to operate – as well as prosecution make up the rest of the practice. We did hear that chem/met starts with low level tasks, so “you definitely have to work your way up to responsibility.” Sources attributed this to the heavy staffing of the teams with partners and senior associates, but shared that in some instances, they’ve been able to second-chair depositions!

Chemical & metallurgic clients: Novartis, Merck, BioDelivery Sciences International. Represented AstraZeneca in ANDA litigation against Zydus on its blockbuster Farxiga pharmaceutical drug product.

The mechanical and electrical group go hand in hand, but the former is split between – you’ll never guess – prosecution and litigation, covering PTAB proceedings too. As one associate reported, “We cover a range of matters, but like 95% of my work has been district court litigation and the rest is patent prosecution.” The group also tackles district court appeals, and matters tend to revolve around medical device and manufacturing issues. Similar to the chem/met group, associates confessed that “it’s the grunt work for sure” at the beginning, though “as you do a good job with it, people are more willing to give you substantive legal work too.” Adding that, “the work has lived up to the expectations,” this newbie was happy to tell us, “I’ve done a lot of doc review, but I expected nothing less! It’s all been great.”

Mechanical clients: Intuitive Surgical Operations, Iris ID Systems, Zimmer Surgical. Representing Bay Materials in district court patent litigation involving multilayer polymer sheet material used in dental aligners.

Moving onto the electrical group, junior associates can look forward to working across a broad spectrum of industries such as aviation, automation and banking. There is a good amount of telecom work here too. Tasks like drafting motion and letters to opposing counsel were commonplace, but like other practices, responsibilities vary largely on how the composition of the team. Prosecution tends to be more heavily staffed with seniors, while litigation is far leaner, we heard.

Electrical clients: Volkswagen Group of America, CyberArk Software, Amdocs. Representing Samsung Electronics in patent litigation involving touch-screen functionality used on mobile phones.

Career Development

“…partners will recommend you books or general advice.”

Finnegan invests in its people, associates explained, by “purposely onboarding smaller associate classes. We bring in people who are envisioned as being future partners.” Because of this, the frequent training sessions for associates are taken very seriously, but it’s the firm’s mentorship that is “off the charts.” This source continued, “There’s an endless supply of people who are willing to speak to you about anything,” and although juniors are assigned a formal associate and partner mentor upon joining, it’s informal mentorship where the firm shines. “Between cases, partners will recommend you books or general advice,” an insider told us.

In terms of partnership, associates receive Finnegan’s Partnership Criteria, with first and second years being evaluated in the spring and fall. Generally, the consensus was that partnership is seemingly “less arduous here than at other firms. I’m just trying to keep my head down and do a good job!”

Hours & Compensation

Billable hours: 2,000 target

Considering the staffing system at Finnegan, we heard that there is no expectation to hit the 2,000-hour billable target in your first two years, which “gives you the cushion to build those relationships,” a source explained. That said, all our interviewees told us that the target is achievable; even though “it’s so out of your control sometimes,” the firm will “give you the work, but you might get more than you bargained for!” However, a point of confusion amongst interviewees was the firm’s compensation structure: “I’m not entirely sure,” a few admitted when asked, with one clarifying, “We don’t get our full market salary unless we hit our target.” For bonuses, there is a productivity and citizenship bonus – the former is lockstep, and the latter is based on involvement in networking, conferences and sponsorship opportunities. Of this, one noted, “Most of us haven’t gone through it yet, so there aren’t strong opinions either way.” The firmwide hybrid working policy necessitates three days in-office, and juniors are generally working from 8am to 6pm, though late nights – “sometimes to 2am” – are common.

Pro Bono

With 100 hours of pro bono counting towards the firm’s billable target, Finnegan has pushed for even more pro bono involvement in recent years. Asylum appeals and social security benefits cases are available, but by far the most involved pro bono matter at the firm is a big veteran's program working with disabled American veterans. Of this, an associate commented, “It’s exciting because you’re taking those who made sacrifices to protect our freedoms and making sure they’re treated fairly. It’s all super important.”

Pro bono hours  

• For all US attorneys: 16,725
• Average per US attorney: undisclosed

Culture

“I work with my friends.”

“Finnegan historically has this policy where we don’t hang degrees in our offices,” a junior smiled, “you don’t need to prove yourself once you’re here.” In a place where there “aren’t egos,” the firm “breeds an attitude of collegiality where we know each other’s strengths” because “I work with my friends.” The Reston office, which is “full every day,” reportedly has a particularly “unique” culture, where “everyone is extremely bright but personable.” This source continued, “We get together on the weekends and build personal relationships outside of the work we do together.” With social events including an annual associates’ dinner and, most notably, a marquee summer reception for all attorneys, the culture is “as good as it could possibly be!”

Get Hired

The first stage: recruitment on and off campus

OCI applicants interviewed for 2024: 108

As well as 16 law school campuses (including several close to the firm's offices), the Finnegan team also attends five  countrywide job fairs – many of which have a technical or science leaning. With the aim in mind to attract potential attorneys with the scientific know how necessary for its practice, the firm particularly prizes the Loyola Patent Law Interview Program and Southeastern Intellectual Property Job Fair.

Interviewers tend to take a conversational approach. An attorney and a member of the recruitment department team up to conduct each interview, and typically probe candidates for their interest in patent law and ability to fit in at Finnegan. You'll know who the interviewers are in advance so do some research about their particular practice and have a read of the firm's website for examples of recent matters.

Top tips for this stage: 

"The biggest thing the firm looks for is genuine interest in our practice. It's very important to express a believable enthusiasm for copyright, trademark or patent law."

"What Finnegan does well is making sure there's a good personality fit: will we get along working at 2am the day before a trial?"

Callbacks

The trick to impressing at the callback is much the same as it is in the first instance: excellent academic credentials, commitment to the firm's way of doing things and a distinct interest in IP. In this round you'll speak to someone in the recruiting department plus pairs of attorneys from different practice areas: all the better to get to know Finnegan. Throughout a mix of meetings and lunches, applicants will meet ten or so people over the course of a day.

Top tips for this stage: 

"Don't be overly concerned with trying to prove you know the most about patent law, rather than engaging in interesting conversation. I'd much rather work with an interesting person."

"Pay attention to the environment here and make sure it's a place that YOU will want to come to every day."

Summer program

Offers 2024: 24

Research and writing; patent prosecution and trademark applications; client meetings; depositions; and getting to observe an oral argument at the US Court of Appeals for the Federal Circuit (CAFC) or Federal District court are common components of the Finnegan summer program. Every summer associate gets work via a central assignment coordinator; each summer is assigned to a practice group that matches their technical background.

Meshing into the team is crucial at this stage, as being a team player is the quality the firm most closely evaluates. Time management, taking initiative, coherent writing and strong legal analysis are also part of the criteria, and getting stuck into whatever work you've been connected to provides the means to prove yourself.

Notable summer events: Summer Firmwide Week in DC,, cooking classes, baseball games, networking receptions and lunches, The Nation's Capital Segway Tour, District Pier Cocktail Reception.

Top tips for this stage: 

"Building your internal brand here is huge because of the free-market system. You really have to knock on doors, go to all the events and focus on meeting people."

"Pay attention to the energy in the office you're working in. Get a sense of how you're being treated by supervisors and be aware of how everybody interacts with one another."

And finally...

90% of summers rejoin the firm as junior associates – good odds!