Pillsbury Winthrop Shaw Pittman

Tell us about your biggest trial win from January 2018 through the end of June 2019 and how you achieved the result for your client.

Bailey v. Laser Spine Institute. This business torts case was tried and appealed on the issue of damages. The appellate court directed that a judgment be entered for the damages sought at trial: nearly $400 million with prejudgment interest. The case involved the defendants' theft of the plaintiffs' business. Because it was a startup and a lost profits analysis would have yielded limited damages, we sought disgorgement damages instead; this remedy is predicated on the defendants' profits obtained by virtue of their wrongful conduct. By finding an alternative damages model, we achieved a significant result for the client.

Share two trial tips that have been key to your success.

Strategy, strategy, strategy. The development and trial of a case is no different from a chess match, requiring the trial lawyer to many moves ahead and to consider various contingencies. This requires that the trial lawyer be nimble enough to shift strategy as necessary depending on how the case unfolds.