Krishan Y. Thakker

Washington, D.C. ***** • ac0smw@r.postjobfree.com • +1-202-***-**** • www.linkedin.com/in/krishanthakker

Profile

Litigation attorney with proven success managing complex cases in diverse industries for varied companies; ready to transition experience to deliver focused service as counsel in a corporate department assignment. Collaborative and independent contributor with expertise in several areas. Well-versed with American Arbitration Association (AAA) arbitration/mediation and alternative dispute resolution (ADR) proceedings. Possess diverse background (dual-qualified UK/US lawyer and resident with South Asian roots). Highly skilled in intellectual property (IP), complex commercial litigation, insurance coverage, and e-discovery.

Professional Experience

Sterne, Kessler, Goldstein, & Fox, P.L.L.C., Washington, D.C.

Associate Attorney, 6/2014 to Present

Represent hi-tech companies focused on IP enforcement/defense; advise on risk mitigation strategies, freedom-to-operate, patent defense and abatement insurance coverage, license review, and indemnification. Provide portfolio analysis and management. Coordinate all phases of case management, including pre-action investigations. Oversee litigation through trial/appeal, including budgeting, strategy, settlement negotiations, and management of junior attorneys. Facilitate all stages of discovery, document collection and production, fact/expert witness statement preparation, taking/defending depositions, legal research and writing, motion practice, oral arguments, and pre-trial/ trial work. Manage budgets and other financial details.

Provide representation to global clients in telecommunications, media/digital, banking/finance, pharmaceuticals, life sciences, medical devices, automotive-mechanics, e-commerce/software, and electronics. Technologies include: radiation therapy/volumetric modulated arc therapy; air-conditioning refrigerant system servicing; drug formulations/compositions and methods of manufacture/distribution; recombinant native enzyme reagents; internet gateway interfaces; digital call processing; cloud/network back-up and replication/restoration software; and inmate management systems.

Manage U.S./foreign document collections and reviews; handle document productions, implementing manual, physical and e-discovery techniques; use ESI protocols, and devise discovery budgets and project plans for clients.

Perform defense/prosecution of patent challenges for multi-national corporations in district court, Patent Trial and Appeal Board (PTAB) post-grant review, Federal Circuit appellate, and AAA arbitration proceedings.

Manage representation for international drug manufacturers in traditional pharmaceutical patent and Paragraph IV Hatch-Waxman Act Abbreviated New Drug Application (ANDA) litigations.

Handle complex litigations involving breach of license, false advertising, and misappropriation of trade secrets.

Provide pro bono advice to national non-profits regarding patents, trademark registrations, copyrights, data protection, joint-ventures, corporate formations, and licensing negotiations.

Mishcon de Reya LLP, New York, NY & London, UK

Associate Attorney, 3/2013 to 6/2014

Managed cases focused on commercial litigation/international arbitration, including mortgage-backed securities, insider trading, cross-border contract dispute resolution, and patent enforcement. Researched legal/factual issues, gathered evidence, prepared affidavits, wrote legal motions/briefs, and took depositions and direct/cross examinations. Drafted/argued Markman claim construction briefing, oppositions to motions to stay pending inter partes review (IPR), and multi-district litigation (MDL) panel motions to transfer/consolidate. Managed document review teams of contract attorney/junior associate reviewers.

Represented national hotels/restaurants, commercial landlords, and event planners for first-party policy business interruption coverage, product liability, and negligence actions against insurance carriers.

Managed cases for clients regarding patent infringement actions and co-pending PTAB post-grant review proceedings related to facial animation, cellular, and social networking technologies.

Served as second-chair for a AAA arbitration, from demand through final hearing, on behalf of a clean energy private equity fund against a developer of photovoltaic solar panels; case involved loss of a U.S. Treasury grant.

Defended a life insurance broker in a fraud and breach of contract action brought by private plaintiff engaged in "life settlement" investments.

Represented a trans-atlantic hedge fund in fraud and breach of prime brokerage/margin call agreement action with a global bank, pertaining to forced liquidation of credit default swaps.

Gilbert LLP, Washington, D.C.

Associate Attorney, 10/2011 to 3/2013

Policyholder-side coverage litigation at a leading insurance recovery firm. Managed administrative processes around cases and maintained records/monitored inventories. Researched/drafted memoranda pertaining to comprehensive general liability (CGL), Errors & Omissions (E&O), and Director & Officer (D&O) policies, as well as bankruptcy. Drafted/prepared briefs, discovery motions and requests/responses, mediation statements, and business development articles. Collaborated on physical and electronic document collection projects (worked with Lexis Case/ Road Map).

Represented a Fortune 500 automotive parts manufacturer to recover millions in proceeds for asbestos-related liabilities from third-party CGL policy carriers, and a housing association for defense costs.

Represented a certified class of policyholders, and a severed elderly policyholder, against a life insurer accused of violating its contracts, as well as a financial institution subject to a FINRA investigation against its D&O carrier.

Negotiated settlements with insolvent trusts to provide recovery over breast-implant liabilities.

Represented a U.S. Customs surety-bond broker in arbitration against insurers to recover commissions/indemnity.

Provided pro bono services, including representing CIA agents in a constitutional rights actions, a civil rights action against a law enforcement agency, and a parent-petitioner in a child-custody dispute.

Additional Experience

Advocate (9/2010 to 11/2011) Independent Complaints Advocacy Service, POhWER, London, UK

Represented clients during medical malpractice litigation, including mediations and ADR, against Hospital Trusts and the NHS Litigation Authority (50+ clients); represented two hard-of-hearing service-users in an indirect discrimination matter resulting in a parliamentary ombudsman investigation/hearing on equal protection.

Summer Associate (Summer 2009) Proskauer Rose LLP, New York, NY

Drafted memoranda, newsletters, and policies involving litigation, anti-trust, and IP issues for major corporate clients; researched securities enforcement and defense, contracts, labor law and bankruptcy disputes; prepared for and attended three depositions, a witness preparation, and a pre-motion conference.

Summer Associate (Summer 2008) O’Melveny & Myers LLP, London, UK

Researched and wrote memoranda involving litigation and private equity fund issues; assisted the M&A department; performed due diligence process management, and delivered presentation on telecommunications.

Education and Credentials

Juris Doctor (5/2010), 3.44 GPA ~ Columbia Law School – New York, NY

Activities: Harlan Fiske Stone Scholar; Parker School of Foreign & Comparative Law Certificate of Achievement;

Editor at Columbia Journal of European Law; Domestic Violence Project; Intern at Viacom, MTV Networks/Nickelodeon (2010); Judicial Clerk for Hon. Elizabeth S. Stong, U.S. Bankruptcy Court, EDNY and Intern at NYC Law Department (2009)

L.L.B. (Hons), (5/2010), Upper-Second Class (High 2.1) ~ King’s College London School of Law – London, UK

Activities: Baker & McKenzie Moot Court (Finalist); International IP Moot Competition (2008); Half Laurels Award (Community Service); Master of the Moots (Bar Society); King’s Bench (Student Magazine); London Universities Mooting Shield League, Founder & Chairman; Paralegal at Jamaicans for Justice, Kingston, Jamaica (2007)

Advanced Level Studies/College Diploma, Economics, Business Administration, Math, and English Literature, Four A’s (6/2006) ~ St. Albans Tutorial College – City of St. Albans, UK

Bar Admissions:

Supreme Court of the State of New York, First Judicial Department of the Appellate Division (2011)

District of Columbia Court of Appeals (2012)

United States District Court for the District of Columbia (2012)

United States District Court for the Eastern District of New York (2013)

United States District Court for the Southern District of New York (2013)

U.S. Court of Appeals for the Federal Circuit (2015)

United States Supreme Court (2016)

Languages: English (native); Gujarati (fluent); Hindi (basic); French (beginner/high-school level)

Other Activities: The Legal Counsel for the Elderly, Young Lawyer's Alliance Committee Board Member; Vice-President of Finance/Board Member, South Asian Bar Association of D.C.; Chess; Piano; Guitar; Tennis

Publications

1.The Supreme Court Redefines Patent Exhaustion, SKGF Blog (May 30, 2016).

2.Lexmark May Fundamentally Change Patent Licensing, Law 360 (Dec. 2016).

3.Will High Court Take on Patent Exhaustion? Law360 (Oct. 2016).

4.Patent Rights in the U.S.: Is the Pendulum Finally Swinging Back to Center? SKGF Blog (Sept. 2016).

5.Four Tips for IP Savvy VCs, VC List (July 2016).

6.Federal Circuit Clarifies the “Commercial Offer for Sale” Prong of the On-Sale Bar, SKGF Blog (July 2016).

7.The UK Has Spoken "Brexit" - But What Does This Mean for the IP Community? SKGF Blog (June 2016).

8.Supreme Court Maintains Status Quo on Broadest Reasonable Claim Interpretation Test and Non-Appealability of Institution Decisions, SKGF Blog (June 2016).

9.The Time Has Come Amend 35 U.S.C. § 101, American Intellectual Property Law Association Quarterly Journal (Spring 2016).

10.Lessons in Personal Jurisdiction. for Biologic and Biosimilar Litigants, Bloomberg BNA's Pharmaceutical Law & Industry Report (May 2016).

11.Patentees: Caveat Emptor of the 'On-Sale Bar'! Bloomberg BNA's Patent, Trademark & Copyright Journal (May 2016).

12.Patent Reform and the New Insurance Market That May Follow, Law360 (Feb. 2016).

13.Five Personal, Specific Lessons Learned for Hatch-Waxman ANDA Litigants, Bloomberg BNA Pharmaceutical Law & Industry Report (Sept. 2015).

14.The Curious Case of RPIs & NPEs in IPRs, Bloomberg BNA Patent Trademark & Copyright Journal (Aug. 2015).

15.The Interplay Between Advertising Injury Insurance and IP, Law360 (Aug. 2015).

16.District Courts Analyze Personal Jurisdiction in ANDA Cases, Bloomberg BNA Pharmaceutical Law & Industry Report (July 2015).

17.Gilbert LLP Convinces 6th Circuit to Rule in Favor of Asbestos-Containing Product Manufacturers, We’ve Got You Covered Insurance Law Blog (2013).

18.The Federalism Case against a Federal Right to Publicity, University of Denver Sports & Entertainment Law Journal (2011).

19.The Conflicts between EU Collecting Societies & EU Competition Law, Columbia Journal of European Law (2010).

20.Constitutional Limitations on British Parliamentary Sovereignty: Rule of Recognition Perspective, JD Supra Business Advisor (May 2009).

21.A Pursuit of Human Excellence, King’s Bench (2007).

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