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Lawdragon Q & A with:Peter BiCKsbY John rYan500The type of litigator who makes theLawdragon 500 guide varies, but inevitably that personbrings a certain extra quality or characteristic thatmakes him or her deserving of the elite distinction. ForPeter Bicks, who also heads Orrick’s New York office,it’s an impressive track record of winning cases orearning favorable settlements in a range of high-stakescommercial, mass tort, product liability and intellectualproperty disputes – regardless of the jurisdiction inwhich he may find himself.Bicks first captured our attention with his work forone of his regular clients, Union Carbide Corp.; hisdefense in 2004 against billions of dollars of claimsbrought by the Kelly-Moore Paint Co. in a Texas statecourt trial was among the most highly touted defenseverdicts of the past decade.More recently, he successfully defended Nintendoagainst patent infringement claims by Motiva over thepopular Wii game system. That case originated in federalcourt in the Eastern District of Texas but landedbefore the International Trade Commission, whereBicks prevailed in a 2011 bench trial against storiedtrial lawyer Mark Lanier (who was also the plaintiffs’lawyer in the Kelly-Moore case).LAWDRAGon: You’ve had experience in a wide range ofjurisdictions, but had you been before the ITC before?And did you find any aspect of the process particularlychallenging or enjoyable?PETER BICKS: I had never tried a case before the ITCuntil last summer and I loved it. Winning is always athrill, particularly when you have a great client, highstakes, and a great Orrick team behind you, as I did.The ITC does present unique challenges: The judgemanages the clock to the minute, so wisely using timeis absolutely essential. In a five-day trial, 15 live witnesseswere presented. The direct testimony is presentedin writing, so a premium is placed on crossexaminationskills and efficiency. And the proceduralrules are strictly enforced so I had to learn a wholenew set of rules. Fortunately, I was able to draw on theclient’s and Orrick’s deep experience at the ITC whichwas a great benefit.LD: How do you explain your success across multiplejurisdictions and types of trials? Can you discuss a coreskill that is equally relevant regardless of the venue?PB: Success across multiple venues and types of trialsis a function of preparation and organization: masteringthe audience, the story, the adversary, and ultimatelyhaving a great team both at the client end andat Orrick. Getting to know and respecting your audienceis critical because each venue is so different. Atthe ITC, the judge was very focused on the groundrules and making sure every second of courtroom timewas used wisely. When I picked a jury in Tuscaloosa,Alabama, in a major mass tort case two years ago, itwas useful to make analogies to the Crimson Tide footballteam. When I was in Texas state court, it wasimportant to know when the local high school footballteam was playing because I didn’t want to make thejurors late for the game.LD: Do you have a favorite case from your career, evenif it’s not one of the highly covered cases?PB: This is a tough one as I have been a part of somegreat trials involving everything from worldwide rightsto airbag royalties, accountant’s liability, mass tort,and intellectual property. But my favorite has to be thewin for Union Carbide against Kelly Moore in BrazoriaCounty, Texas state court. The stakes were huge (multibillions), the adversary was great (Mark Lanier), andfor a “New Yorker” to win in Texas was really fun. I hada great team who worked with me and we lived togetherat an empty golf resort in Columbia Lakes, Texas.The heat was so intense, no one was playing golf.On the way back from the war room to our bedroomsat night there were all sorts of wild animals accompanyingus. As much as the victory, the experience ofgoing through a demanding trial as a group was trulyrewarding. We always managed to have some fun andhang out together even though we prepared around theclock. I can still remember getting the call from thejudge that the jury had returned a verdict within a dayafter the closing arguments — which is generally agood sign for the defense.LD: Is there a key lesson you try to instill in aspiringtrial lawyers at Orrick?PB: There are two lessons. The first is that our job is toserve the interest of our clients no matter what, and tomake sure they look good to a jury or judge, to themedia, and to their peers. The second is to be yourself.I have had the great fortune of being around and goingup against great trial lawyers so I have been able tosee a wide range of effective styles and to then meshthem with my own personality. Don’t try to imitatesomeone else in a way that is not who you are. Studythe style and tactics of other great lawyers and pickand choose what works for you. See the full Q&A atwww.lawdragon.com/lawyer-limelights/peter-bicksPhoto by: Jennifer PottheiserL A W D R A G O N 191 I s s u e 13