This panel considered and evaluated strategies for controlling the legal costs of IP disputes in today’s economy, from developing and managing cases according to realistic case budgets to using creative or alternative billing and budgeting techniques to employing automated tools for tracking legal expenses and assessing performance.
-
Crafting a realistic case budget that is built upon each case’s specific strategy and client objectives, and then working within that budget as the case moves forward
- Outsourcing as a means of reducing costs, in all potential forms – third-party vendors, contract attorneys, sharing case responsibility with other parties and their counsel, etc.
- Using creative billing and budgeting techniques – hourly rate discounts, “not to exceed monthly budget” fee arrangements, etc.
- Choosing alternative fee/billing arrangements – contingency fee arrangements, blended rate agreements, “success kickers,” and other risk-sharing mechanisms
- Utilizing automated and “real-time” tools for tracking and approving legal expenses and assessing performance
Panelists:
- Alexander Arato, Vice President, Associate General Counsel, CA, Inc.
- Vanessa Cooper, Associate General Counsel, IP & Privacy, Kaplan, Inc.
- John Gutkoski, IP Litigation Practice
- David Kleinfeld, IP Litigation Practice
- Jo Osborn, VP & Assistant General Counsel, TreeHouse Foods, Inc.
- J. Bruce Schelkopf, Chief Counsel, Global IP, Cummins, Inc.
Related Insights
March 9, 2026
Foley Viewpoints
Using Loan Regime Split-Dollar Life Insurance to Navigate Nonprofit Executive Compensation Rules
A loan regime split-dollar life insurance arrangement can be an important option to provide retirement benefits to nonprofit executives…
March 9, 2026
Foley Viewpoints
New Markets Tax Credit Financing: Subsidy for Health Care Facilities and Operations
Enacted 25 years ago, the federal New Markets Tax Credit (NMTC) Program has become a powerful financing tool for health care…
March 9, 2026
Energy Current
Dept of Interior Proposes Revisions to Rules Licensing Producers of Governing Offshore O&G
On March 5, 2026, the Dept. of the Interior, acting through the Bureau of Ocean Energy Management (BOEM) issued a pre-publication copy of…