The following is an excerpt from Practice Perspectives: Vault's Guide to Legal Practice Areas.
Jessica Saba, a Washington, DC, associate, primarily handles complex commercial litigation (CCL) and trial work and has represented clients in state and federal courts at the trial and appellate level, as well as in arbitrations, in jurisdictions around the country. She has particular expertise in high-stakes trade secret litigations, including managing forensic investigations and reviews related to those disputes. In addition to her trade secret practice, Jessica has practiced in commercial and corporate disputes, false advertising litigations, sexual abuse allegations, contract disputes, class actions, and white collar defense, including those related to the False Claims Act.
Laura Washington is the Global Vice Chair of the firm’s CCL practice. She is also a member of Latham’s entertainment, sports, and media practice. She represents high-profile clients in complex business disputes and intellectual property (IP) litigation. Laura serves as the partner advisor for Latham’s Global Black Lawyers Group, and she previously served on the firm’s Recruiting Committee. She also serves on the Board of Teach Democracy (formerly the Constitutional Rights Foundation), a nonprofit, nonpartisan, community-based organization dedicated to educating young people about the importance of civic participation in a democratic society.
Describe your practice area and what it entails.
Jess: I specialize in managing cases from discovery through trial and providing expertise to teams on litigation strategy. I have particular expertise in trade secret litigation and related soft IP claims, as they’re sometimes called. This includes managing forensic reviews related to trade secret cases.
Laura: I serve as Global Vice Chair of Latham’s CCL practice, which can include anything from breach of contract and trade secret claims to business-to-business disputes. While many firms will litigate the case and then have another firm come in for trial, we try to take the case from beginning to end and often will come in for other firms to take a case to trial.
What types of clients do you represent?
Jess: The CCL practice and trade secret cases specifically allow me to work on both the plaintiff and defendant sides. This area of law spans various sectors and industries, including technology, education, and real estate. There isn’t a specific industry that trade secret cases impact; rather, it’s about the specialized skill set required, which can be applied across different industries.
Laura: In addition to my general CCL practice, I work in the firm’s entertainment, sports, and media practice. The only difference between the two is that you may have heard of the companies or high-profile individuals I handle matters for. I work with celebrities, studios, and media companies.
What types of cases/deals do you work on?
Jess: I joined the CCL practice around my third year and, since then, have often worked on cases involving trade secret and trade dress disputes, false advertising, noncompetes and nonsolicitation clauses, and copyright claims. These cases are often fast-moving business disputes involving requests for injunctive relief at the outset of the litigation. Otherwise, I work on managing cases involving business disputes, contract claims, class actions, and other high-stakes litigations.
Laura: With companies, I often work on business-to-business disputes, including trade secret claims, copyright disputes, or the occasional trademark infringement or right of publicity claims. For individuals, I handle defamation claims and deal with serial plaintiffs.
How did you choose this practice area?
Jess: I joined as a second-year associate after clerking. Within two months, I was placed on a trial team, which marked the beginning of my path towards CCL. The assignment was a three-month trial in West Virginia, and I absolutely loved it. The fast-paced environment, where you constantly think on your feet, strategize about witness preparation, and tackle new challenges daily, was exhilarating. As a junior associate, having such a significant role in trial strategy was incredibly rewarding and provided me with invaluable hands-on experience. Thanks to Latham’s unassigned program, I was able to try out five other practice groups. CCL ultimately aligned with my interests in fact development, writing, and trial strategy. It also allowed me to gain experience in a broad array of subject matters without being confined to one type of law, which I found appealing.
Laura: Honestly, it started with what I do now, listening to a judge. Initially, I thought I would become a prosecutor. However, during my 1L summer, I interned with a judge who suggested instead that I enter BigLaw. I had no idea what that entailed, so I began researching firms and considering what I wanted to do. I knew I wanted to pursue litigation because I love the courtroom and ultimately ended up in Southern California. As a junior associate, you don’t have much say in the matters you’re assigned to, so I looked for firms with a bit of entertainment work because it seemed interesting. I had no real understanding of what that meant, but being in LA, I assumed there would be plenty of matters to sink my teeth into. As a younger associate, I took the initiative to express interest in cases that involved entertainment and media companies that I recognized and grew my practice from there.
What is a “typical” day like and/or what are some common tasks you perform?
Jess: I cycle through different cases throughout the day. In the morning, I might work on discovery responses or attend a meet-and-confer with opposing counsel. In the afternoon, I could be managing a team of junior associates conducting document review. In the evening, I might be drafting and editing a brief. The next day, I could be preparing deposition outlines, attending client calls, or putting together an exhibit list for trial. The work is diverse and depends on the progress of each matter. As a case moves closer to trial, more time is devoted to that matter, but until then, my days involve addressing the needs of each case as they arise.
Laura: As a partner, there’s no typical day. I could receive a call or email from a client at any moment requiring immediate attention and unexpectedly reshaping the day. Generally speaking, if I’m involved in a high-profile matter and we have a briefing scheduled, I’ll likely have a team meeting, review or edit a brief, and handle numerous client calls and emails.
What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?
Jess: I would recommend taking as many civil procedure classes as possible. Civil Procedure, Conflicts of Laws, and Federal Courts are subjects I use on a day-to-day basis. Concepts like jurisdiction come up far more often than you might expect. Additionally, clinics and any type of mock trial or hands-on experiences allow you to understand how a case works in the real world, beyond the classroom setting.
Laura: Latham runs a trial advocacy program that I participated in as a sixth-year associate, and I found it to be the best training program I’ve ever done. For the CCL skill set, it’s crucial that our associates are trained to take cases to trial. The program is a fascinating exercise where you get a case and prepare to go to trial, receiving feedback from partners. What’s really cool is that you prepare with a partner, do openings, direct cross-examinations, and receive feedback in the room. Then, you go into a different room with another partner to watch the video, which is illuminating because you see things on the video that you didn’t notice before, and the partner providing feedback is seeing it for the first time as well. I found this to be an excellent way to train associates as it allows you to see yourself and reflect on your performance.
Another important training is the deposition training program. It’s crucial for associates to understand the importance of developing these skills for cases we take to trial. The deposition record is all you know about a witness, and if not done properly, you risk not knowing everything or having a witness give an inaccurate answer. You then have to find a way to get the correct answer during trial without making the witness appear inconsistent or not credible. In my mind, both of these trainings are critical for success in this practice.
What do you like best about your practice area?
Jess: I enjoy the ability to strategize on each of my CCL matters. In many areas of law, you often find yourself in a reactive position. With CCL cases, particularly given there is work on both the plaintiff and defendant sides, there is a significant opportunity to strategize and impact the case in a way that’s less reactive and more creative.
Laura: There’s so much variety in what I do. For instance, I was in a mediation yesterday that took many twists and turns. Afterward, I returned to an email and had a call about a client issue, which was quite interesting. The best part of this job is the variety it offers; working at a quality firm like Latham, handling high-profile matters, whether in entertainment or other areas, is quite remarkable. The work we do has impact.
What are some typical tasks that a junior lawyer would perform in this practice area?
Jess: Latham handles a very significant number of trials and trial-like proceedings every year. Junior associates are always needed for these cases as they are the key building blocks of the trial process; they are the ones who know the facts best, gather all the documents, write the outlines, and prepare the witnesses. They master the story and the facts.
Document review is also a common task for juniors. Although it often gets a bad rep, I personally love document review. It’s a fantastic way to become a fact master and essential for advancing to the next level as a key team player. CCL specifically offers juniors a wealth of hands-on roles besides trial, including creating deposition outlines, making document chronologies, drafting discovery responses, and conducting research for briefings and writings. You’ll also prepare partners for arguments, create talking points for client calls, and comb through the fact record for key legal arguments and facts needed by the case team.
Laura: For summer or junior associates, there’s a significant amount of research involved. I often have junior associates write a section of a brief, whether it’s a pro bono case or a straightforward motion to dismiss for frivolous actions filed against our clients. If we’ve already had a case dismissed and the complaint is amended, it’s a great opportunity for a junior associate to draft the first version of the response. They can refer to our prior work to understand the stylistic and content expectations, allowing them to draft a complete motion.
Additionally, we often allow summer associates to shadow us. For instance, I once invited a first-year associate to observe an argument in federal court through the shadow program. This experience is invaluable, as many junior associates have never been to court and may not understand the logistics, such as navigating traffic in LA, entering a federal court, or even the importance of having a business card.
What are some typical career paths for lawyers in this practice area?
Laura: A law firm like Latham offers numerous career paths. Many people assume that being a litigator limits opportunities to move in-house, but that’s not the case. In fact, several individuals work at Latham for a few years and then transition to other roles. Others choose to work for the government, which is a common path. They spend a few years at a law firm to pay off their loans, then transition to government work. Some eventually return to private practice at firms like Latham, or they leverage their experience to secure in-house positions, as many companies now have in-house litigation departments. These roles involve managing outside law firms and offer the advantage of not dealing with billable hours.
What do you feel are the benefits of taking a generalist approach in litigation versus pursuing a more specialized practice?
Jess: I love being a generalist across subject matters because I can still develop a specialty in trial work and in managing every aspect of a case that’s headed towards trial. When people think of specialties, they often consider areas like antitrust, securities, healthcare, or data privacy. However, you can be a specialist in a skill set that applies across industries. I can manage and work on any case going to trial, regardless of the practice area, which allows me to gather a wealth of information and knowledge about various industries. I’ve handled a wide variety of subject matter cases, yet I’ve applied the same skill set to all of them.