Easter Vacation Scheme in Commercial IP

I have just begun my second week on the Easter vacation scheme in Field Fisher Waterhouse’s Commercial IP department. As a firm which prides itself on IP work, I feel very lucky to have been given the opportunity to experience real work in a department which was one of my top preferences. Already, during my short time in the department I have been involved in a number of different projects and activities. As soon as I joined the department I went along with my trainee buddy on a court run. Though a bit of a whirlwind tour, having never been to the Royal Courts of Justice I found this quite exciting! Whilst the friendly atmosphere of the Commercial IP department meant that I was always able to stop and have a chat with members of the team, I was given plenty of work to keep me busy for the week! Being a history undergraduate, part of me did expect that I would be given more administrative tasks. However, I have been proven wrong as the Commercial IP team have let me get stuck into some real legal tasks. Two main projects that I have been working on are practice notes for Lexis Nexis on the advertising of food and medicinal products. In addition, I have proof read a Franchise Sale Agreement, researched the legal restrictions on clinical trials using animals and researched the ways in which one particular business uses social media. On Thursday I am moving to Clinical Negligence, another of FFW’s practices that attracted me to the firm. Though I am a little sad to say goodbye to the Commercial IP team, I very much look forward to experiencing another practice area of the firm.

A Day in the Life of an Easter Vacation Student

9.00: I arrive a little early so I can get a cup of tea and check my FFW email. Last night the trainees took the vacation schemers out for drinks, nibbles and a magic show. In the kitchenette I bump into one of the trainees and we debate how on earth one of the tricks was done.

9.15: My supervisor and I also have a quick chat and then I get down to looking at my to-do-list for the day. I have been given a High Court judgement on a patents case to read by a Senior Associate. My task is to establish whether the judgement has added anything new to a particular legal test for patent validity and the deadline is in a couple of day’s time. Patent law is something I have a strong interest in as I have a science background but is not something I have studied before, so in addition to reading the judgement I will need to do some research. At the beginning of the scheme we were given training in legal research skills and the resources available to us so I get out my notes and start to put these skills to good use.

10.45: When the firm’s clerk is away one of the jobs of a trainee is to do a “court run”, where claims and documents are filed. My buddy and another trainee will be doing the court run at 11.00 and they have invited me to come along. One of the trainees stops by to fill me in on the particular case he will be dealing with in court and to take me through the procedure for filing a claim.

11.00: The two trainees and I head off to first the Royal Courts of Justice and then the Rolls Building. It is interesting to see the process of filing claims and also two such different judicial buildings with the first looking a little bit like Hogwarts on the inside and the second being a cutting-edge modern building.

12.30: The trainees very kindly take me for lunch and I get an opportunity to talk to them about the seats they have had so far and their experiences at FFW.

1.30: We arrive back at the firm and a partner asks me if I can proof-read a licensing contract draft. He is going to meet his client in 45 minutes so I crack on. It is the first licensing contract I have ever seen so it is a good opportunity to see how one is laid out.

1.50: After handing back the proof-read draft with a couple of small typos identified, I return to my research task.

3.30: The Vacation Schemers have a briefing on the group presentations we will need to do at the end of the scheme. We are given a folder with the details and are talked through some of the key factors we may want to bear in mind.

4.30: My group gathers together to discuss our plans.

5.30: I head back to my desk, finish off my work and reply to a couple of emails. 

6.00: There are departmental drinks in the pub across the road from the office. I head over and join the rest of the team.

Legal In House vs Private Practice

I am two weeks into the fourth seat of my training contract, sitting in the Dispute Resolution department.  My third seat was spent on secondment with BP at Canary Wharf and it has taken a week or so for me to find my feet after being away from the office for so long.  I had forgotten how to do a lot of things and it took me a couple of hours on my first day back to remember that, oh yes, there's this time recording thing I'm supposed to do…!

My secondment was with the Anti-Bribery and Corruption team at BP, which sits within the BP Legal in‑house function and provides specialist legal advice to the business on bribery and corruption issues.  I would always recommend that a trainee take the opportunity to go on secondment to a client as the experience you will gain is invaluable.  Not only will you improve your legal knowledge and experience, more importantly you will develop your 'commercial awareness' (something that those of you filling in training contract applications will know all about!).

One of the key differences with in-house work is that a lawyer's status changes from 'fee earner' to 'cost centre'.  In simple terms, a lawyer in private practice is called a fee earner i.e. someone who charges out their time and earns fees!  This is how law firms make money, so a fee earner is a pretty important person in private practice.  By contrast, an in-house lawyer is someone who in fact costs the company money!  Profits are generated by other people and it is your job to be an asset, rather than just a burden, while of course protecting the company's interests.  In-house work reminds you that lawyers are not the centre of the universe(!) but, on the other hand, that you will be valued as long as you keep your advice commercial and relevant.

Coming back into private practice, the most important question I have learned to ask is 'What's the risk?'.  The point here is that commercial clients are unlikely to want or need to hear chapter and verse on the nuances of a sophisticated legal argument.  Clients want to understand the actual risks they face, and how those risks can be managed.  When a client briefs you on a project, it is vital for you to be able to identify and focus on the key legal risks which are at issue and come up with sensible, commercial solutions.

Naomi (2nd Year trainee)

My Seat Rotation in Brussels

 

Food & Play

Brussels is a lively city full of restaurants, bars and cafes. Belgian waffles, Flemish stews, meatballs in tomato sauce, and mussels with fries are staples, but lots of French, Italian and Spanish restaurants also line the streets. There are plenty of cultural events such as concerts, film/art festivals and theatre groups with ticket prices much lower than in London.

For those who enjoyed the social aspects of university life, coming to Brussels as a trainee may feel like a return to those days for a trainee mailing list goes round detailing outings every Wednesday and Thursday night in the same spots where huge groups congregate: Chatelain and Place Luxembourg. These are the ex pat spots and you will meet people from every country in Europe and you overhear all 27 languages spoken. I made some really nice Swedish friends.

The city also hosts a large Arabic population which I loved as I was able to practice my Arabic when shopping for groceries. In the department I work with both Francophone and Flemish Belgians and also integrated into the Belgian community through sport. I am member of The VUB Waterpolo Team and the Brussels Underwater Hockey Team. They are a lot of fun and will teach you about the history of the city and places of interest outside the city like Bruges, Gent, Antwerp. All in all, it is a fantastic experience for a young lawyer.

What about the real work?

The work in the EU Regulatory Team is very varied due to the different areas of expertise individual lawyers in the team possess. One is also given a lot of responsibility early on. A lot of my time is spent on legal research into European case law, legislative measures and European procedural rules. I have had to look closely at parts of REACH, the Detergents Regulation, the General Court Procedural Rules and the EU Directives on Emissions. I have also had to produce case summaries on recent ECJ decisions as well as areas of competition law in anticipation of negotiations conducted on behalf of clients.
I have been contributing substantially to training and business development by writing numerous articles for the EU Regulatory Bulletin which is a bulletin produced once a month destined for clients with updates on recent cases and proposals for new European legislation. I do a substantial amount of translating as well: usually from Italian and French into English. The clients are international so you get the opportunity to use your language skills and travel a bit. In my first month I attended client meetings in Germany where the meetings themselves were held in Spanish while the next month I was attending hearings before the European Courts based in Luxembourg. I think anyone who would enjoy this international dimension will love this secondment.

Finally, while the trainee is sitting in the EU Regulatory department, other departments are made aware of the trainee's presence in the office and they too may call on the trainee. I have really enjoyed this aspect as I have been able to get a feel for different types of work in addition to my main workload.

The buzz around seat choices!

There's a nervous excitement amongst some of the trainees this morning; it's seat allocation day. We submitted our list of six preferences a few weeks ago and Amelia is expecting to deliver the news this afternoon. My first seat has been in the investment group of the Real Estate department. With two weeks left, I've been trying to complete and close down as many transactions as possible so the new incoming trainee can ease his or her way into the seat rather than having to pick up a dozen matters-in-progress. Easier said than done with a continuing stream of new incoming work! We're in the middle of a development purchase involving more than 40 registered titles and 30 leases. With an anticipated rent of over six million pounds per annum, it isn't the sort of deal which can be hurried along, but exchange is anticipated to be before the end of the week if the bank agrees to lend. However, there are a number of potentially problematic rights of way affecting the development site.

My first choice for my second seat is IP litigation and enforcement. It's a popular seat - the firm prides itself on its IP and technology focus, so many of the trainees apply to the firm in the hope of sitting in one of those departments. Before converting to law, I trained as a Physicist, so fingers crossed that will count in my favour. My aim would be to work with David Knight, whose principal area of practice is patent disputes. He originally studied Electronic Engineering and I've been in touch with him regarding my application - HR encourage us to take charge of our training contracts and speak to the partners we would like to work for. You don't want to be a nuisance though!

Aside from work, it has been a busy month. Another Trainee and I recently took charge of the firm's mixed hockey team. We have upcoming games against Freshfields and Travers Smith, so I have been emailing around to organise the team and book the pitch and food for afterwards. It has been a particularly cold January, but Spring is just trying to break through, so enthusiasm for outdoor sports has returned. Our team is quite competitive, but we were beaten by Slaughter and May before Christmas, so we're keen to get back to winning ways.

Also, my wife and I have just had an offer accepted on a house outside Orpington, which would cut my daily commute by about an hour and a half. The conveyancing process is just kicking off and I'm certain that the experience gained during my first seat will be extremely helpful in understanding and managing the process. It's a listed building, so there are legal issues which I haven't come across in my commercial property work. It will be a big renovation project, but we're excited, if a little apprehensive. Much like the feeling of waiting to hear which department I'll be working in for the next six months.

Adam (First Year Trainee)

That's the way the cookie crumbles!

I have recently begun my third seat in the Technology and Outsourcing group. I requested Eduardo Ustaran as my supervisor and was lucky enough to be placed with him. Eduardo is a partner in the Data Protection and Privacy team, a sub-group within the Technology and Outsourcing group. My previous seats in Dispute Resolution and Commercial IP were ones in which I worked for the entire team. I thought that, as a second year trainee, it would be interesting to become more deeply involved in one aspect of the group as opposed to broadly involved with all aspects. I feel that this has been a good decision for me as I have developed close relations with the Data Protection team and feel that I am learning a lot about data protection, freedom of information and privacy.

To date I have been involved with collecting local counsels' advise with relation to rolling out whistleblowing schemes globally, researching various countries' exemptions to their data protection regime and assisting in drafting privacy policies. I have also been involved in producing template notification forms to go to particular countries' data protection authorities where they require notification of data processing. Legal research has also featured highly in my tasks, for example, for one client I conducted research into the meaning of "consent" – asking such questions as is a "soft opt-in", that is an opt-out box which by default is checked, enough when it comes to third party advertising?

I have also been keenly following the approaches taken by Member States and by companies to deal with the recent EU Cookies Directive which states that consent must be gained from the user of a website before cookies can be used. Cookies are small text files that store basic information that a website can use to track online traffic flows, recognise repeat visits and record information about your online preferences. This data on your online preferences can be used to target advertising towards particular users. This might, if the Directive is interpreted strictly by Member States, have a huge impact on how we use the internet, especially free sites which rely on targeted advertising to provide their funding, for example Facebook and Wikipedia. The Directive has implications for a lot of our clients as it impacts how their websites must operate, what information must be given to the user and the method of provision of that information.

Alex (2nd Year Trainee)

From Brussels with chocolate and beer!

I applied to do my second seat in the firm's Brussels office and have recently joined the EU regulatory team, which advises on the EU regulation of chemicals. It was not until I arrived here that the European dimension of the firm sank in. Aside from exposure to EU institutions, the Brussels experience involves collaboration with colleagues from all over Europe, notably Germany, France, Italy, Romania... Working in Brussels is thus enriching in many ways. It has also made me more aware of the culture of the firm: everywhere I go, the people I meet seem diligent, but also approachable and fun!

More on the work undertaken by the EU regulatory team: EU regulation of chemicals involves environmental law, which is a fascinating area of the law because it is very much in the making. The bulk of my work consists in conducting research on various EU and Member State legislations and drafting a memorandum summarising the results. The challenge lies in adopting a macro analysis approach to understand the rationale behind each legislation and the different interests at stake, whilst also paying attention to the details to address clients' specific points of concern. I have also been involved in other types of work, including assisting with REACH consortia management and the preparation of litigation before the Court of Justice of the European Union.

Last but not least, we all know the other benefits of a Brussels secondment: life in Brussels is sweet thanks to the endless supply of delicious chocolates and beers!

Mitsuko Akiyama
Trainee