Interview with: James Barney, Managing Partner

Finnegan’s managing partner, James Barney, explains what sets Finnegan apart from its competitors and how the firm is preparing for the future.

 

What do you see as the main points that differentiate Finnegan from your competitors?

Finnegan’s most significant differentiator has always been our singular focus on intellectual property (IP) law. While our competitors tend to have a broader list of offerings with IP being one of them, IP has been at the core of our practice for 60 years. The scope of our talent is difficult to beat, with more than 350 attorneys and IP professionals focused on intellectual property, nearly all with scientific or technical degrees.

Another key differentiator is our global litigation practice. Our litigation practice covers all aspects of IP-related disputes, from complex patent litigation and appeals to high-profile trademark disputes. We have more than 230 experienced litigators who have handled thousands of cases before courts and government agencies across the United States and in Europe. Clients come to us because of our expertise in handling high-stakes, complex IP litigations in many venues.

 

Which practices do you see growing in the next 12 months? What are the drivers behind that?

Artificial intelligence (AI) will certainly see significant growth in the next 12 months. As AI tools continue to evolve, we’ll see more and more companies seeking counseling and advice on how to navigate the uncertain IP landscape. We’re already seeing an influx of cases involving the legal implications of training AI models on copyrighted materials and determining ownership of the outputs. We also expect to see growth in our privacy practice. Since AI is dependent upon data, companies must act responsibly in managing data collection and security.

We also expect to see continued growth in our European practices in the next 12 months.  Since expanding our London office to include European IP practitioners in 2013, and opening our Munich office in 2022, we have experienced tremendous growth in European litigation, patent office proceedings, and patent and trademark prosecution and counseling.  We expect this trend to continue, especially with the continued rise in UPC cases. Our clients see great value and synergy in retaining a single firm to handle both their U.S. and European IP matters, often using some of the same attorneys to maximize efficiency.

 

What’s the main change you’ve made in the firm that will benefit clients?

Finnegan has proudly maintained an international client base since our founding in 1965. As the opportunities to protect IP evolved globally, it was important to the firm to be able to assist clients with global patent litigation needs. Consequently, the establishment of our Munich office in 2022 stands as a significant enhancement for our clients. Across our 11 global offices, we meticulously assisted clients in preparing for the June 2023 launch of the European Union’s Unified Patent Court (UPC), positioning ourselves among the first firms to file actions in that new forum. We believe the significant investments we have made in our European offices and European practices have put Finnegan in an ideal position to continue supporting our clients globally in all aspects of IP law.

 

Is technology changing the way you interact with your clients, and the services you can provide them?

As an IP-focused law firm with a global practice, we’ve been ahead of the curve in investing in cutting-edge products from the start. We have a sophisticated and comprehensive information technology department as well as a formalized knowledge management and innovation team. Technology, especially AI, continues to transform how we interact with clients and deliver legal services. Since 2018, our firm has had a dedicated group of attorneys focused on emerging AI technologies, ensuring we remain at the forefront of AI-related legal developments and market trends. More recently, we expanded this commitment by forming an AI tech tools committee. This group is focused on integrating AI into our internal operations, allowing us to enhance efficiency, deliver faster and more precise insights, and offer innovative, tailored solutions that meet the evolving needs of our clients.

 

Can you give us a practical example of how you have helped a client to add value to their business?

A great example of how we’ve helped a client add value to their business is our work with BMW in a high-stakes patent litigation matter. BMW was facing aggressive infringement claims from multiple non-practicing entities, which threatened to disrupt their U.S. operations and damage their reputation as a technology leader. We partnered with them on a proactive legal strategy that not only neutralized the threat through inter partes reviews and declaratory judgments, but also resulted in zero-dollar settlements and covenants not to sue. What truly amplified the value of this win was the media visibility we helped secure around the outcome. By strategically communicating the victory in coordination with our client, communications professionals, and PR partner, we positioned BMW as a company that defends its innovations and doesn’t back down from meritless claims. This coverage reinforced their reputation in the market, reassured investors, and sent a strong deterrent message to future litigants. The visibility wasn’t just about legal success—it became a business asset, strengthening stakeholder confidence and supporting BMW’s brand as a resilient, forward-thinking industry leader.

 

Are clients looking for stability and strategic direction from their law firms – where do you see the firm in three years’ time?

Absolutely, clients are indeed seeking stability and strategic direction from their legal partners. At Finnegan, we are committed to being that pillar of stability and guiding force for our clients as we navigate the evolving landscape of intellectual property law together. In the next three years, I envision our firm continuing to grow and adapt to meet the dynamic needs of our clients.

Our strategic direction will focus on expanding our global reach, particularly in regions where we can offer unparalleled expertise and support. We will build on the success of our Munich office and explore opportunities to establish additional offices in key jurisdictions. This will ensure that we are well-positioned to assist clients with their patent litigation needs, no matter where they do business.

Moreover, we will continue to invest in cutting-edge technology and innovative legal solutions to enhance our service delivery. By leveraging the latest advancements, we aim to provide our clients with more efficient and effective legal strategies.

In short, our goal is to remain at the forefront of the intellectual property field, providing our clients with the stability they seek and the strategic direction they need. We are confident that our dedication to excellence, combined with our proactive approach to addressing global IP challenges, will secure our position as a leading law firm for years to come.