Andrew Holtman and Brandon Rash, IP partners at Akin Gump. (Courtesy photos)

The market for IP lawyers is still hot, but where they are practicing may be changing. Larger, general practice firms have been picking off IP attorneys via mergers, but also a la carte, including a pair of recent hires by Akin, Gump, Strauss, Hauer & Feld.

Akin this month added IP attorneys Andrew Holtman and Brandon Rash to its Washington, D.C., office from IP boutique Finnegan, Henderson, Farabow, Garrett & Dunner, in the latest instance of IP lawyers leaving boutiques for general practice firms.

Examples of larger moves abound, with Venable picking up 100-lawyer Fitzpatrick Cella in 2018, Shumaker, Loop & Kendrick absorbing Fraser Clemens Martin & Miller in 2017 and Dickinson Wright picking up Mayback & Hoffman, also in 2018.  

On the a la carte front, several Big Law firms have lured away talent from Irell & Manella, which has seen eight partners leave in recent months, including two former managing partners. Former managing partner Ellison Turner left for Kirkland & Ellis earlier this week, while former managing partner David Gindler and two other IP attorneys left for Milbank in August. Irell also saw attorneys move to McDermott Will & Emery and Mayer Brown.

And, while larger firms may be seeking out IP specialists for their expertise and clientele, the attraction goes both ways.

"IP is an underlying component to most business, even though I only address it from a narrow standpoint," Holtman said. "But now [at Akin] I get to see the application of IP from a broader spectrum."

Holtman has a Ph.D. in molecular genetics, and Rash was a technical engineer for a semiconductor manufacturer before entering the legal profession. Both said it was time to move to a platform that could further their practice with a more global presence at a general practice firm that would allow them to have greater exposure to all the areas in which IP is relevant.

Both Rash and Holtman said they appreciated the fact that Akin has an existing "deep bench" when it comes to IP attorneys and were excited to be a part of it. According to a firm spokesperson, the firm currently has about 50 attorneys in its IP practice. Although it has not followed the trend of absorbing smaller boutiques, the spokesperson said the practice has grown through laterals. 

"Our IP team has a well-established reputation as a go-to firm for life sciences and high tech-focused patent disputes, and the addition of Andy and Brandon will be a perfect complement to those strengths," Akin chairperson Kim Koopersmith said in a statement. 

The firm said that both Holtman and Rash focus on "matters relating to electrical engineering, mechanical engineering, software arts, and drug and biological molecular science."

"Patent disputes can be incredibly complex and technical, requiring both detailed subject matter knowledge and a keen understanding of the litigation process," Steven Maslowski, head of Akin's intellectual property practice, said in a statement. "Their work in the areas of electronics, computing and software, in particular, will align well with our established strengths handling life sciences and tech-related patent disputes."

Holtman and Rash are counting on that expertise to retain their existing books of business and grow them at Akin. 

"I think it is fair to say that there has been a greater push to be particular about who is assessing their technology," Holtman said of clients' emerging needs. "Budgets tend to be a lot tighter, and someone with a greater understanding can do more and do it more quickly."

As far as whether IP boutiques are feeling the consolidation and budgetary squeeze, there are still dissenting views. While anecdotal evidence does show movement away from the boutique model toward Big Law, there is a lot of back-and-forth as to whether this is a legitimate market trend. For example, as recently as three years ago, a study by Lex Machina showed a decrease in the IP work done by Am Law 100 firms. 

Regardless, Rash and Holtman are now another recent example of movement away from boutiques, even if most of their careers were spent in that setting. Prior to joining Akin, Rash had 12 years at Finnegan, less than a year at Hunton & Williams as a patent attorney and was at the U.S. district court as a law clerk for a little over a year. Holtman had spent his entire 18-year legal career at Finnegan before making the move over to Akin.

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