Tell us about your biggest win from January 2019 through June 2020 and how you achieved the result for your client.
Marwa Elzankaly
McManis Faulkner
In January 2019, I overturned a three-panel decision of the [U.S. Court of Appeals for the Ninth Circuit], upon rehearing en banc, arguing before a panel of 11 Ninth Circuit judges that the federal government acted in bad faith, entitling our client to an award of almost $4 million in attorneys’ fees.
The en banc panel recognized the “extraordinary” work that I, and the McManis Faulkner team, did over the course of this 15-year battle, overturning the [U.S. District Court for the Northern District of California] three times on appeal, winning at trial and setting critical precedent for those wrongly placed on a government watch list.
In December 2019, I successfully defended a Silicon Valley executive in an action for misappropriation of source code in a federal jury trial after discrediting the opposing side’s forensic expert during his deposition.
Share two trial tips that have been key to your success.
1) You are preparing for trial from the beginning of the litigation.
2) Common sense is a powerful tool that can really help you break down a complicated issue for your decision maker, be it judge or jury.
Photo Credit: Pawel Kaminski
Mark MacDougall
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