In a recent interview, Lauren Harrison, a former litigator and founder of a new litigation funding venture, shared her insights on the evolving landscape of intellectual property (IP) law and the strategic role corporate legal departments can play. Harrison emphasized the critical need for nurturing trial-ready talent within IP groups and boutiques, highlighting a generational gap that has resulted from fewer trial opportunities.

According to Harrison, the stark decrease in cases that reach trial—now less than 1% compared to up to 20% in past decades—has created a talent gap that could disadvantage firms when complex cases do go to trial. She pointed out that law firms need to be proactive in developing lawyers who are not only skilled in legal theory but also confident and capable of managing courtroom battles.

Harrison also touched on the role of litigation funding in driving more cases to trial, even in an era where patent litigation is heavily scrutinized and selectively funded. She suggested that IP lawyers might need to seek creative ways to gain trial experience, such as taking on pro bono work or even moonlighting in different legal capacities.

Furthermore, Harrison discussed the potential for corporate legal departments to transform litigation from a cost center to a profit center. By strategically using litigation funding, companies can pursue valuable legal claims more vigorously, leveraging them as assets rather than letting them go undervalued. This approach not only maximizes the potential returns from these legal assets but also aligns the interests of legal teams with those of the broader business strategies.

The insights from Harrison come at a pivotal time when both the funding landscape and corporate legal strategies are rapidly evolving. As the industry looks forward to more discussions at the upcoming Signal Peak’s symposium, it is clear that innovative thinking and strategic partnerships will be key to advancing litigation practices and enhancing the value derived from legal departments.