This intellectual property law practice is making waves by maintaining a culture that attracts great people and retains them.

In November, IP Law & Business asked the inhouse counsel at the Fortune 250, “Who protects intellectual property in America?” The response was telling. Beating out a number of its much larger competitors, Chicago-based Marshall, Gerstein & Borun earned the number two spot in the Patent Prosecutors category and ranked 11th overall in intellectual property counsel.

Not bad for a firm that recently grew above boutique status. So why are some of the world’s biggest, most creative companies turning to Marshall, Gerstein & Borun (MGB) to protect their intellectual assets? According to managing partner Jeff Sharp, the firm’s uniquely talented lawyers and professionals are what set it apart.

“More than half of our lawyers worked in industry or academia before going to law school, and more than 40% have advanced technical degrees,” he said. “These are people that have been in R&D and engineering departments and understand the needs of the businesses we represent. Even our newest lawyers bring experience and maturity to our clients.”

Jeff Sharp

Then and now
In 1955, Charles Merriam and George Lorch established a patent law practice, Merriam & Lorch, in offices at the Chicago Board of Trade building. Before long, William Marshall joined the firm, and by the late 1950s, it numbered 10 attorneys under the mantle of Merriam, Smith & Marshall.

Strategic mergers and the addition and development of new associates allowed the firm to enhance its intellectual property expertise over the years, and today, Marshall, Gerstein & Borun has grown to more than 70 attorneys with expertise in everything from computer science to nanotechnology.

“Historically, when we’ve hired people, we’ve done it for a reason,” said Sharp, who became managing partner in 2002 after 19 years with the firm. “It’s a controlled growth focused on expanding and balancing our patent prosecution, trademark, and litigation capabilities. As a result, we’ve got strengths across technologies—biotechnology, chemistry, mechanical engineering, electrical engineering, you name it.”

MGB’s name has changed over the years, but its approach with clients remains the same. The firm sees itself as far more than a provider of legal services; MGB is a strategic partner to its clients, offering counselors who take a long-term approach. The mindset in all dealings, Sharp said, is: how can we help and advance our client’s business? “It’s a subtle thing, but it has a big impact on how we think and act. Everything we do must serve a business purpose of the client.”

Clients from GE to Pfizer to Tyson Foods have responded to the approach by returning to MGB with more and more of their intellectual property needs. Which brings us back to the firm’s biggest challenge: creating an atmosphere that attracts these uniquely talented attorneys and professionals to MGB as it continues to grow.

How it’s done
“It’s the culture,” Sharp begins, pausing as he considers how to explain what it is that makes MGB an attractive place for such talented and highly sought after candidates. When he starts again, it’s 1985, and we’re with him as he walks into the firm for the first time.

Working under Michael Borun, then the head of the firm’s biotechnology practice, Sharp said he was gratified by the level of open communication and thrilled by the extent to which Borun and the firm’s then partners willingly gave him direct contact with clients. “Most firms out there have systems that discourage that. Intentionally or unintentionally, they’re discouraging older, more experienced people from mentoring younger people or allowing direct client interaction. That never happened here.”

Sharp said the experience was extremely beneficial for a young lawyer trying to learn the ropes, and it made his job much more satisfying. Today, MGB continues to encourage its partners and experienced lawyers to mentor and train the younger generation and give them direct contact with clients. To ensure the tradition continues, the firm makes training and mentoring a big part of its review and compensation process.

A number of other programs contribute to and strengthen MGB’s open, learning culture. In 2000, the firm began conducting 180-degree reviews where associates rate the partners. A third party conducts an anonymous survey with the associates, packs the results into a neat package, and hands it off to the partners. “We’ve learned a great deal from those reviews,” Sharp said. “And what we’ve learned has made us a better firm.”

Sharp meets with an elected associate committee once a month for a Q&A session, and twice a year the firm conducts associate performance evaluations. By conducting the evaluations twice a year instead of in the traditional annual format, Sharp said the firm remains in closer contact with its associates and is able to address problems or issues in a timelier manner.

“It’s a lot of work, but it’s important to us,” he said. “It’s these little things we’ve put in place that all add up to make a big difference. We’re maintaining a culture that not only attracts great people, it makes them want to stay with us. That’s been the key to our success, and it will be as we continue to grow.”