Risk and Reward Firm develops reputation for its work in IP matters

By Paul Janczewski Legal News In 1983, Mark A. Cantor was three short years out of law school, married with one child and another on the way, and making $25,000 a year with a successful patent law firm in Detroit. But he and four others decided to leave the firm and start their own. As a founding member of what is now Brooks Kushman, Cantor saw his salary decrease significantly. In fact, he received no paycheck for the first five months. It was hardly the type of situation a family man and expectant father would want to be in. But much has transpired over the past quarter century. Cantor, 55, is now the president of Brooks Kushman, making considerably more than what he did in the company's early beginnings, and certainly more than he was earning at that old firm. In fact, the publicist for Brooks Kushman said the firm has expanded its trademark practice on a national level, more than 25 percent in the past 15 months. The firm also has added several full-time attorneys and paralegals, all while the national and state economy has taken a monstrous hit and other firms are trimming their ranks. Not too bad for a firm that began with five attorneys and three secretaries in 1983, and now boasts more than 74 lawyers and patent agents and a total work force of 150. "It was the most exciting time of my life," Cantor said during a recent interview on the 22nd floor in his Southfield office. "It was a risky move, but I never had any doubt this was the right thing to do. And it worked out pretty well." Did it ever. For the firm, and Cantor, who said,"I never wanted to be a lawyer. I wanted to be a surgeon." His trip to this point in his life began in Detroit, his birthplace. Cantor graduated from Detroit Country Day High School in 1972. His father and grandfather were civil engineers and land surveyors, so naturally, he attended the University of Michigan, chucking the surgeon idea, and graduated in 1976 with a degree in civil engineering. A master's degree would soon follow. In the late 1970s, Cantor worked for the Corps of Engineers at the federal building in downtown Detroit. But in 1979, he took over his father's company. But that didn't last too long. "We almost killed each other," he said of working with his father. He also married in 1979, but his first marriage ended with divorce in 1990. Cantor said he decided to enter the University of Detroit School of Law. "I was thinking (about my future) years down the road," he said. "Going to law school was more of a detour than an accident." But he said he was "miserable" in law school. "You had no time for anything." While there, a professor steered him toward patent law. "I'm a civil engineer," Cantor said. "I didn't even know what patent law was." But Cantor said he had an interest in environmental law, a field he grew to enjoy while working with the Corps of Engineers. "No one was looking at the environmental impact of that, and I thought it would be a good field to go into." After he graduated, Cantor was armed with a law degree, a background in environmental issues, and knowledge of patent law. But the economy was "horrible" in the early 1980s. "There were no jobs out there. I sent resumes to every patent law firm in Detroit, and got three interviews." Only one of those firms offered him a job. In May 1981, Cantor joined Reising, Essington, Barnard, Perry and Brooks. The patent firm had 10 attorneys. Then, two years later, came the breakaway from the firm to branch out on their own. Cantor was 28, and the other four attorneys were all 40 and under. "Law firms split up for one reason. Money," Cantor said. And in many cases, most of the cash goes to people who were not doing the work. But Cantor said this founding group of attorneys was determined to outwork everyone to make it. "We were, and continue to be, a firm driven to get work." It also helped that a few of the experienced attorneys brought a few of their clients along. Brooks Kushman successfully defended a law suit brought on by the old firm, and they were off and running. "In some firms, the attorneys are more concerned about themselves. But here, it's always about the client. A lot of lawyers forget that." He said Brooks Kushman fostered a reputation for aggressive, prepared, and highly skilled attorneys. "People didn't want to litigate against us in the 1980s because they knew it was going be a battle," Cantor said. A year after starting, Cantor said the firm held its first retreat and set up the company strategy. And within five years, the firm had doubled in size. Cantor credits that to the people who started the firm, and to those they have hired over the years. "We are an aggressive group of lawyers, we give you our best effort, and we chase down everything," he said. Ask Cantor to explain the success of Brooks Kushman, and he sprinkles in phrases such as "extremely hard working," "driven people," and of an "energy and excellence, client-focused firm." "We use quality technical people, and we are very competent, aggressive litigants." Today, Brooks Kushman protects the intellectual property of America's most innovative companies, and counts four "Fortune 100" companies among its clients, according to its Web site. It has filed or defended hundreds of lawsuits relating to IP rights and commercial matters, and in 2006 secured a $160 million judgment against Microsoft Corp. and Autodesk in a patent infringement case, the Web site pointed out. Besides being one of the firm's founders, Cantor specializes in intellectual property litigation and has handled major litigation in patent, trademarks, trade secrets and copyright cases in state and federal courts throughout the country, the Web site said. He also advises clients on the acquisition, management and licensing of intellectual property. In 2007, Cantor became president of the firm, which saw the company not only grow in size, but in location, adding a Los Angeles office. Cantor said billing rates were higher on west coast, and he convinced some of those clients to bring their work to his Michigan firm, where the rates are lower. Cantor said the firm may attempt that logic in opening a New York office in the future. Cantor downplays his role, joking that his "brilliant management" was responsible. But, he said, "at the end of the day, it's still a business. And our business contacts allow us to succeed." Cantor said successful firms must actively promote themselves "or you'll shrivel and die." "You've got to be client-centric, be flexible, and pay attention to your existing clients, You've got to really work to hold them, and change with your clients because their needs change." Cantor said a key to their success is taking on contingency patent cases, and the firm carefully screens the cases they take on. "Our out of pocket expenses are high, so we're very careful about the cases we commit to," he said. And the company ends up in court rarely with those cases it accepts. "Fifty percent of the people who walk into a courtroom lose," Cantor said. "So very few patent cases go to trial." As president, Cantor said there is no such thing as a typical day for him. He spends maybe 10 percent of his time in court, and spends a large portion of his time traveling, out of state and occasionally out of country, visiting clients, and counseling with their cases. Cantor and his firm have received a number of awards, among them being named Super Lawyers, Power Lawyers, Best Lawyer in America. And Brooks Kushman as a "Go-To Law Firm." He said many of those awards are like "popularity contests." The awards he favors the most? "Jury awards," he said. Cantor said expansion of the firm is always something to strive for, but he wants to be careful the company doesn't grow too large. "I want to learn from the past, and look forward to the future," he said. But the firm is far from having a holier-than-thou feel to it. "There's no Mr. Anybody in this firm," Cantor said. "We're not stuffy and arrogant. If someone was like that here, they would be crucified. We don't take ourselves too seriously, and we have a healthy disrespect for authority." In 2008, the firm named Phyllis Golden Morey as its first chief diversity officer. She is responsible for recruiting, retaining, and mentoring the firm's minority attorneys. The company remains active in supporting the National Black Law Students Association Annual Conference, and has provided a scholarship to assist those graduates studying for the bar. Cantor, who lives in Bloomfield, remarried in 1992. His wife, Joy, works with an animal rights organization. In all, Cantor has five children from both marriages. Rebecca, 28, is a patent attorney in New York; Michael, 26, attended law school in Los Angeles; Richard, 24, is an electrical engineer who has applied to enter law school; and Claire, 15, and Ethan, 11 live at home in West Bloomfield. For fun, Cantor said he goes the family route, and likes to fix things. They have two poodles, but would love to have more. "We love dogs," he said. " I'd like to have a farm for 20-30 dogs." Cantor said he would like to work until he is 65, at least. "This is a great way to make a living." Published: Wed, Jan 6, 2010

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