Brian has extensive experience in front of the Patent Trial and Appeal Board (PTAB), where he has led over 200 post-grant trials, including inter partes reviews (IPRs) and post-grant reviews (PGRs). He is adept at both formulating and executing successful challenges of patents as a petitioner and aggressively and creatively defending patent owners who have had their patents challenged in the PTAB.

In federal courts in Texas and across the country, Brian litigates patent disputes relating to a range of technologies, from internet technologies to complex software and telecommunications applications. He represents both companies seeking to enforce their intellectual property rights and those accused of infringement.

Brian also manages the development of strategic patent portfolios in a broad range of technologies such as computing components, software, wireless and telecommunication networks, optical networking components, electric vehicles, medical and other mechanical devices and business methods.

Brian helps clients identify, protect and leverage clients’ intellectual property assets and manage offensive and defensive assertions of intellectual property rights. Brian’s practice also includes prepares opinions of counsel for his clients in response to such assertions.

During law school, Brian was an articles editor for the Virginia Journal of Law and Technology and was on the editorial board for the Virginia Tax Review.

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• Successfully challenged numerous patents in the PTAB asserted in federal court against a prominent travel services company*
• Successfully challenged over a dozen patents in the PTAB asserted in federal court against a prominent semiconductor device company and defended the company’s patents asserted in a counter-suit*
• Successfully challenged numerous patents in the PTAB asserted in federal court against a leading wireless services provider*
• Successfully challenged numerous patents in the PTAB asserted in federal court against a prominent wireless networking device manufacturer*
• Successfully defended a challenge of a leading wireless chip manufacturer’s patents in the PTAB and Federal Circuit*
• Successfully represented a captioned telephone service company against a competitor in the Western District of Wisconsin and the PTAB*
• Obtained hundreds of granted patents for a leading personal computer manufacturer*
• Obtained hundreds of granted patents for a leading optical networking and telecommunications company*

*Matter handled prior to joining McDermott.

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Paula also helps clients identify and protect their intellectual property assets in the US and internationally. She manages strategic world-wide patent portfolio development in areas such as integrated circuit design and software for the layout of integrated circuits; semiconductor manufacturing technology, including the design and manufacture of photomasks and the processing steps necessary to fabricate integrated circuit-computer systems; oilfield equipment and associated software; and telecommunications and video conferencing technology. Clients turn to Paula for help evaluating, managing and responding to claims of infringement, and for advice on validity and infringement matters.

Earlier in her career, Paula worked as in-house counsel for Philip Morris International in Switzerland. While in law school, she served as executive editor of the Syracuse Law Review.

Before attending law school, Paula was a circuit design engineer at Digital Equipment Corporation in Hudson, Massachusetts, and at IBM in Austin.

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• Prepared and prosecuted patent applications, litigation defense and post-grant proceedings in the USPTO on behalf of a major computer equipment manufacturer*
• Provided litigation defense at the USITC for a large data storage company*
• Represented a large medical device company in litigation asserting multiple patents related to electrochemical glucose monitoring technology*
• Advised a large energy company on the management of its patent program and the preparation and prosecution of domestic and foreign patent applications*
• Represented a large consumer appliance company in patent interference proceedings at the USPTO*
• Represented a large packaging company in patent interference proceedings at the USPTO*
• Provided litigation defense in district court for a large telecommunications company*
• Counseled a major photomask manufacturer on patent program management and patent prosecution*
• Advised a small software company on patent program management and preparation and prosecution of patent applications*

*Matter handled prior to joining McDermott.

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He represents sponsors, investors, lenders, multilateral institutions, commodity traders, and governments on the development, financing, acquisition, and implementation of strategic projects. His experience spans renewable energy, conventional power, hydrogen, LNG, oil and gas, critical minerals, rare earth elements, and digital infrastructure, with a particular focus on assets and supply chains that support the global energy transition.

Shah Jahan has advised on some of the world’s most significant energy developments, including the Shah Deniz Stage 2 project and associated Southern Gas Corridor infrastructure, a landmark development that expanded access to Caspian gas supplies for European markets. He has also advised on large-scale LNG, pipeline, power generation, renewable energy, and energy-transition projects across Africa, Asia, the Middle East, Europe, and Latin America.

In the mining and natural resources sector, Shah Jahan advises on the development, financing, acquisition, and commercialization of projects involving critical minerals, rare earth elements, battery metals, and other strategic resources. His experience includes project structuring, offtake arrangements, pricing mechanisms, strategic partnerships, and cross-border investments, often in jurisdictions that are central to the supply chains underpinning clean energy technologies, advanced manufacturing, and energy security.

His practice is particularly focused on Africa, Asia, the Middle East, and Latin America, where he has advised on many of those regions’ most significant energy, infrastructure, and natural resources developments.

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• Advising on the development of a 70 MW solar PV + data center project in El Salvador.
• Advising on the development of a 32 MW solar PV project in El Salvador.
• Advising on the development of an 1,800 MW hydroelectric project and five data center projects in North Africa.
• Advising on the development of a 1.2 GW solar PV + 400 MWh BESS project in Serbia.
• Advising on the development of a 2GW solar PV + 400MWh BESS project in Angola.
• Advising on the development of a 400,000 Mtpa biomass project in the state of Washington, USA.
• Advised an equity investor in connection with a 250 – 500MW electrolyser (green hydrogen and green ammonia) facility in the Middle East*
• Advised the lenders in connection with the US$1 billion Sudair 1,500 MW solar PV plant*
• Advised a lender in relation to the expansion of the GCC Interconnector to Basra, Iraq*
• Advising three DFIs on the financing of Ethiopia’s first independent power plant (geothermal)*
• Advised multiple sponsors and lenders in relation to Egyptian FiT projects (solar and wind), totalling US$1.5 billion*
• Representing the management team (former NY private equity) of a US$500 million energy platform / fund with a 3 – 5 GW renewable energy pipeline (focused on Middle East and Africa)*
• Advising the Government of Uzbekistan and the International Finance Corporation in relation to the procurement of a 1,600 MW baseload CCGT power plant and a 650 MW peaking plant*
• Assisted the majority shareholder and project company in various confidential matters regarding the Qurrayah IPP (net generation capacity of 3,927 MW, making it the largest CCGT IPP in the world)*
• Advising a supermajor on the development of a gas- fired power plant in the Caribbean which will be supplied by associated gas

Mining & Critical Minerals

• Advised on the development of the offtake and pricing framework for one of the world’s leading integrated rare earths projects, including arrangements for the sale and commercialization of mixed rare earth concentrate and downstream products.
• Advised on the structuring and development of a major North American rare earths and critical minerals platform, including commercial arrangements designed to support the creation of a secure and resilient supply chain for strategic minerals essential to advanced technologies and the energy transition.
• Advised on the negotiation and implementation of long-term offtake arrangements for a proposed gallium production project in Australia, supporting the development of a non-Chinese source of gallium for global semiconductor, defence, and advanced manufacturing markets.
• Advised sponsors, developers, investors, and commodity market participants on the development, financing, acquisition, and commercialization of mining projects involving critical minerals, rare earth elements, battery metals, and strategic resources across Africa, Asia, Australia, and the Americas.
• Advised on project structuring, offtake agreements, pricing mechanisms, strategic partnerships, and cross-border investment arrangements for mining and processing projects supporting global energy-transition and advanced manufacturing supply chains.

Oil & Gas and Hydrogen

• Advised a consortium led by BP and SOCAR on one of the world’s largest energy projects, the US$40 billion Shah Deniz 2 gas project in Azerbaijan, including managing legal risk for portfolio of 10 EU buyers*
• Advised Pertamina on the JTB Gas Development Project Development & Financing. This involves advising on various matters relating to the development of the project including on the project financing documents (both conventional and Islamic tranches) for the LIBOR transition and expansion / refinancing.
• Represented a major oilfield services company on its entry in, and exit from, the Fortuna FLNG Project in Equatorial Guinea*
• Represented a Japanese consortium in relation to a potential investment in the Tanzania LNG project*
• Advising on the development of a crude MDI and PMDI refinery located at the Sadara Complex, KSA.

Water

• Advising a developer in its bid for a wastewater project in Uzbekistan*
• Advising a developer in relation to the Taweelah RO desalination IWP in Abu Dhabi*
• Advising a lender to ACWA Power in relation to the Jubail 3A water desalination project in the Kingdom of Saudi Arabia*

*Matter handled prior to joining the firm.

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With a diverse background representing buyers, sellers, lenders and borrowers, Stephanie brings a unique vantage point as she negotiates and guides her clients through various transactions. Her experience includes large portfolio deals, intricate corporate matters and structuring complex credit facilities. Stephanie also represents landlords and tenants on their leases nationwide.

During law school, Stephanie was an articles and comments editor for the Inter-American Law Review.

Stephanie is a champion for diversity, equity and inclusion. She is an active member of McDermott’s Justice Diversity Equity & Inclusion Committee and the Firm’s Gender Diversity Subcommittee.

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Joel also has extensive experience litigating complex commercial cases, including commercial real estate disputes and bankruptcies. For example, he has represented commercial real estate clients, including secured lenders, property owners, developers, and loan participants, in litigation on a wide range of issues, including contractual matters such as buy-sell agreements and security enforcement, and recovering secured or unsecured assets. Joel also has extensive bankruptcy litigation experience representing troubled companies, committees, independent directors, distressed debt investors, secured lenders, and indenture trustees.

In addition, Joel has extensive experience litigating religious rights cases, particularly under the Religious Land Use and Institutionalized Persons Act (RLUIPA). For example, he served as lead trial counsel for the Westchester Day School in its landmark litigation against the Village of Mamaroneck and its Zoning Board of Appeals under RLUIPA, and he successfully defended the United States Tennis Association (USTA) in a religious discrimination lawsuit.

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• Won dismissal of all claims against an American e-commerce company and its officers and directors in a shareholder class action in federal court in New York. The Second Circuit affirmed the district court’s dismissal*
• Won dismissal of all claims against the former CEO and CFO of a Canadian multinational telecommunications company in a shareholder class action in federal court in New York*
• Won dismissal of all claims against an American semiconductor company and its officers and directors in a shareholder class action in federal court in New York*
• Won dismissal of all claims against the subsidiary of an American web services provider and its CEO in a shareholder case concerning the value of the subsidiary’s stock prior to its acquisition by the web services provider*
• Represented a global real estate securities manager in successfully settling billions of dollars of residential mortgage-backed securities claims in more than two dozen securities cases as part of its bankruptcy proceedings*

Shareholder Derivative Litigation

• Represented the manufacturer of laser and photodetectors in a Delaware Chancery Court case against its former CEO and sole director for breaches of fiduciary duty. The manufacturer is owned by an investment vehicle of a Saudi Arabian sovereign wealth fund*
• Represented the independent directors of a real estate investment trust in the Southern District of New York in shareholder derivative litigation and a related corporate internal investigation*

M&A and Proxy Litigation

• Defeated an insurgent stockholder group’s motion in Delaware Chancery Court for a temporary restraining order seeking to delay a special stockholder meeting
• Represented a real estate investment trust and its board in connection with its $4.6 billion acquisition*
• Represented a real estate investment trust that invests in a mix of healthcare properties and its board in connection with its $600 million acquisition*
• Represented a global independent investment banking advisory firm as financial advisor to a service provider to the insurance, legal and healthcare sectors in connection with its $2.2 billion acquisition by an affiliate of a private equity firm*
• Represented a boutique investment bank as financial advisor to an American agrochemical and agricultural biotechnology corporation in connection with its $66 billion acquisition by a German multinational pharmaceutical and life sciences company*
• Represented a Japanese multinational pharmaceutical company in connection with its $4 billion acquisition of an American pharmaceutical company*

Commercial Cases

• Won summary judgment for BrightSpire Capital, Inc. in a breach of guaranties lawsuit in state court in New York
• Represented mortgage and mezzanine lenders in commercial real estate foreclosures, including enforcing guaranties and obtaining the appointment of receivers*
• Represented an international AmLaw 100 law firm in a legal malpractice case*
• Represented a project management and construction company in litigation arising out of the demolition of a building that was damaged in the 9/11 terrorist attacks*
• Represented a Bermuda insurance company in litigation with deferred variable annuity policyholders relating to premium account investment losses*
• Represented an Israeli pharmaceutical company in a dispute with a US-based joint venture partner*

RLUIPA / Religious Rights Cases

• Served as lead trial counsel and secured a landmark victory in the Southern District of New York on behalf of a Jewish private school, against a town in New York State and its Zoning Board of Appeals for violating RLUIPA in its denial of the school’s special permit to expand its facilities. Also successfully argued the appeal in the Second Circuit*
• Successfully represented an inmate in a Connecticut state prison in RLUIPA litigation in the District of Connecticut for failing to provide the prisoner with kosher food for Passover*
• Successfully represented an inmate in a Virginia state prison in RLUIPA litigation in the Western District of Virginia for failing provide the prisoner with kosher food*
• Filed an amicus brief in the US Supreme Court in Holt v. Hobbs in support of an Arkansas inmate who was denied the ability to grow a beard in accordance with his Muslim faith*
• Filed an amicus brief in US Court of Appeals for the Eleventh Circuit in Rich v. Secretary, Florida Department of Corrections in support of successful kosher diet litigation against the Florida prison system*

*Matter handled prior to joining the firm.

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Denise has extensive experience in federal and state fraud and abuse matters involving the Stark Law, anti-kickback laws and the False Claims Act. As a former Compliance Officer, quality management professional, healthcare administrator and a key member of a Deferred Prosecution Federal Monitor Team for a medical device company, Denise has valuable first-hand experience developing effective compliance programs that sustain government scrutiny and meet organizational goals. She assists clients with internal and external investigations and audits, Stark Law self-disclosures and OIG Advisory Opinion Requests. Denise’s in-house experience in hospital, home health, durable medical equipment and physician practice management settings make her a trusted and enthusiastic strategic advisor on both day-to-day healthcare operations issues and long-term objectives. She is currently engaged to serve as an Independent Review Organization for two hospitals pursuant to OIG Corporate Integrity Agreements.

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• Mid-South Super Lawyers (Thomson Reuters), Healthcare, 2006-2008, 2011-2015, 2017-2021
• Best Lawyers Business Edition, Honored as a Woman of Influence, 2017

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• American Bar Foundation, Fellow
• Nashville Health Care Council, Class of 2016, Fellow
• Memphis, Tennessee, and American Bar Associations, Member
• American Health Law Association, Member
• Institute for Health Law & Policy at the University of Memphis Cecil C. Humphreys School of Law, Advisory Board Member
• American Health Information Management Association. Member
• Health Care Compliance Association, Member
• TBA Health Law Section, 2016 Chairman, Executive Counsel

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Additionally, Patrick frequently assists clients in matters related to the design and operation of nonqualified retirement plans, equity and equity-based incentive arrangements, and Affordable Care Act compliance. He has also represented clients in connection with IRS, US Department of Labor and Pension Benefit Guaranty Corporation negotiations.

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• Represented Martis Capital, a private equity firm, and its portfolio company, Lighthouse Laboratory Services, in the acquisition of the business of Alternative Biomedical Solutions, a provider of laboratory technologies and services in the US and Canada
• Represented Nautic Partners, LLC, a Rhode-Island based private equity firm, in its acquisition of Advantage Healthcare Services, an independent pharmacy group specializing in behavioral health in California
• Represented H.I.G. Capital LLC, a leading global alternative investment firm, in its cross-border sale of its majority share in Recochem, a global leader in formulating, producing, contract packaging and wholesale distribution of household and transportation fluids, to CapVest Partners LLP
• Represented H.I.G. Capital, LLC, a leading global alternative investment firm, in its acquisition of the spine business of Zimvie Inc., a publicly traded company and global life sciences leader in the dental and spinal markets. The deal is expected to close in the first half of 2024.
• Represented Blue Star Innovation Partners in its acquisition of OfficeRnD, a UK-based software company that specializes in providing hybrid workspace solutions
• Represented M/C Partners, a Boston-based private equity firm focused on digital infrastructure and technology services, in its acquisition of a majority interest in Consortium Networks, LLC, a provider of cybersecurity-concierge services
• Represented Destillers United Group S.L., a Spanish company, together with certain of its affiliates including in the United States, Panama, Venezuela and Portugal (Madeira) (collectively, “DUG”), in the sale of its award-winning super premium Diplomático Rum brand and related assets to Brown-Forman Corporation, the publicly traded international spirits company best known for its Jack Daniels whiskey
• Represented Calendly, LLC in its acquisition of Prelude, a fast-growing recruiting operations platform designed to build an efficient hiring process
• Represented I.G. Capital, LLC in its acquisition of Barton & Associates, a leading national locum tenens physician, nurse practitioner, physician assistant, certified registered nurse anesthetist and dentist staffing and recruiting firm
• Represented Gemspring Capital Management, LLC in the acquisition of Bradford Soap International, Inc., a leading developer, formulator and manufacturer of beauty and personal care products
• Represented Hidden Harbor Capital Partners in its agreement to acquire Dayco, an engine products and drive systems supplier for the automotive and aftermarket industries
• Represented Revecore, a provider of revenue integrity and complex claims solutions for hospital and health systems and portfolio company of Riverside Partners and GrowthCurve, in its acquisition of Kemberton and Cura Revenue Cycle Management
• Represented Astor Place Holdings, the private investment arm of Select Equity Group, LLP, and its portfolio company, Douglas Electrical Components, Inc., in the acquisition of Electronic Product Industries, LLC, a powder-to-package electronics packaging manufacturer specializing in high temperature co-fired ceramic (HTCC) and hermetic glass-to-metal packaging solutions
• Represented Murray Energy Holdings Co. and certain of its subsidiaries in their Chapter 11 cases in the United States Bankruptcy Court for the Southern District of Ohio*

*Matter handled prior to joining the firm.

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• Represented ConocoPhillips, a large stockholder, in connection with the “UP-C” IPO of Aris Water Solutions*
• Represented Belk, Inc. in its sale $3.0 billion sale to an affiliate of Sycamore Partners*
• Represented Transocean in its $3.4 billion cross border acquisition of Songa Offshore and $2.7 billion acquisition of Ocean Rig*
• Represented AMC, Inc. in its sale of Atlanta’s AmericasMart and related assets to International Market Centers, a portfolio company of Blackstone, resulting in the world’s largest operator-owner of showroom space*
• Represented The Coca-Cola Company in a series of transactions involving the restructuring of The Coca-Cola Company’s US bottling system*
• Represented HD Supply, Inc. in the sale of its Waterworks division to portfolio companies of private investment firm Clayton, Dubilier & Rice for $2.5 billion*
• Represented Bass Pro on commercial arrangements, including representing a division of Bass Pro to manufacture and produce ATVs, side-by-sides and related parts and accessories under the new TRACKER OFF ROAD brand for sale at Bass Pro and Cabela’s stores and through an independent dealer network*
• Represented Hanesbrands Inc. in its acquisition of Maidenform Brands, Inc., a leading consumer goods company, for $575 million*
• Represented the founder of Vogue International, a beauty products company, in the sale of Vogue International to Johnson & Johnson for $3.3 billion*
• Represented Cellu Tissue Holdings, a manufacturer of tissue products, in connection with its $500 million sale to Clearwater Paper Corporation*
• Represented Arbor Pharmaceuticals, a specialty pharmaceutical company, in a control investment in the company by KKR*
• Represented General Electric in its sale of its international power and rental business to APR Energy PLC for $314 million in cash and stock*
• Represented the special committee of the board of directors International Textile Group in ITG’s sale to affiliates of Platinum Equity*

*Matter handled prior to joining the firm.

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