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Community Spotlight: Phil Goter, Partner, Intellectual Property Group, Barnes & Thornburg

By John Freund |
October 8, 2024

Community Spotlight: Phil Goter, Partner, Intellectual Property Group, Barnes & Thornburg

Clients trust Phillip Goter to enforce and manage their valuable intellectual property. Phil counsels organizations – ranging from startups to Fortune 100 companies – around the world, managing litigation through trial and appeal, thoughtfully obtaining patents and trademarks, conducting pre-suit investigations, advising on regulatory issues, conducting due diligence and freedom to operate analyses, and resolving complex disputes.

Phil leverages his business and industry experience when working with his clients, and they value his strategic thinking and trust his counsel regarding IP strategies that protect R&D investment and product markets.

Phil, who practices in the firm’s Minneapolis office, frequently works with high-tech clients in the computer software and hardware space. His keen familiarity with computer hardware, standards-essential cellular infrastructure, 5G, GPS, mobile apps, autonomous vehicles, artificial intelligence, machine learning, computer and network security, VoIP, wireless networking, home automation, medical devices, and cloud computing aid him in providing successful outcomes for his clients.

He has deep experience providing counsel to international businesses on U.S. intellectual property matters, including representing European and Asian consumer electronics, networking and telecommunications, and pharmaceutical companies in global IP disputes. His practice includes patent litigation in U.S. district courts around the country and before the U.S. Court of Appeals for the Federal Circuit, with the majority in key patent litigation venues such as Texas, Delaware, and California.

Phil also has significant experience with complex economic matters and his cases have included competition law issues, such as monopolization, attempted monopolization, and Walker Process and sham litigation claims. He has successfully obtained lost profits verdicts in pharmaceutical cases and has commissioned and used numerous expert surveys in litigation to prove infringement, indirect infringement, rates of infringement, apportionment, lost profits, and value of the invention.

He also has in-house counsel experience. Prior to joining Barnes & Thornburg, Phil was an investment manager and legal counsel for a global, publicly traded litigation finance and legal risk management company. He advanced the company’s IP initiatives globally and handled U.S. litigation matters through the entire life cycle of the litigation funding relationship, including sourcing, evaluating, and monitoring IP and commercial investments through to resolution.

Outside of his legal practice, Phil teaches intellectual property at the University of Minnesota Law School and can often be found at the hockey rink, coaching his three children’s youth hockey teams.

Company Name and Description: With more than 800 attorneys and other legal professionals, Barnes & Thornburg is one of the largest law firms in the country. We serve clients worldwide from offices in Atlanta, Boston, California, Chicago, Delaware, Indiana, Michigan, Minneapolis, Nashville, New Jersey, New York, Ohio, Philadelphia, Raleigh, Salt Lake City, South Florida, Texas and Washington, D.C. We provide guidance in more than 50 dedicated practice areas, including litigation, intellectual property, labor and employment and corporate law. We are where you need us. Find out more at btlaw.com.

Company Website: btlaw.com

Year Founded: 1982

Headquarters: Largest office is in Indianapolis

Area of Focus: Intellectual property

Member Quote: Litigation finance has become an increasingly important financial tool for IP owners, who often find themselves disadvantaged by large, well-capitalized competitors. In this lopsided dynamic, non-recourse capital from trusted legal funders gives me the ability to right the harms inflicted upon my clients.

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John Freund

John Freund

Commercial

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Commercial

Federal Judiciary Advisory Committee Moves Forward with Litigation Finance Transparency Rules

By John Freund |

A federal judiciary advisory committee agreed on Tuesday to develop transparency obligations for third-party litigation funders, advancing one of the most closely watched rulemaking efforts in U.S. civil procedure. The decision came despite what participants described as "vehement" opposition from segments of both the defense and plaintiffs' bars, underscoring how contentious disclosure of funding arrangements remains within the legal community.

As reported by Law360, the committee, which shapes the Federal Rules of Civil Procedure, signaled that it will continue drafting specific disclosure requirements rather than shelving the project, as some stakeholders had urged. Alongside the litigation finance item, the panel also advanced proposed updates to subpoena rules addressing remote testimony and service of process.

For funders, the development marks a significant shift in the regulatory conversation. Industry groups have long argued that existing discovery tools are sufficient to address concerns about control and conflicts, while proponents of disclosure contend that parties and courts need a clearer view of who stands to benefit from a case. The committee's decision indicates that federal rulemakers are prepared to put that debate to the test with concrete drafting, even as both sides continue to press their positions.

Next steps will involve developing rule text and further public input before any proposal moves up the Judicial Conference's rulemaking chain. Market participants will be watching closely, as any federal disclosure rule would likely influence how funders structure deals, negotiate with claimants, and manage portfolios across U.S. commercial litigation.

Commercial

Judge Preska Orders Argentina’s Economy Minister to Produce Texts in YPF Enforcement Fight

By John Freund |

A U.S. federal judge has ordered Argentina's economy minister to turn over text messages sought by plaintiffs pursuing enforcement of the multibillion-dollar YPF judgment, the latest development in one of the most prominent litigation finance-backed cases in the world. The ruling expands the discovery footprint available to creditors working to collect on the landmark award against the Republic of Argentina.

As reported by Bloomberg, U.S. District Judge Loretta Preska ruled on Tuesday that plaintiffs backed by Burford Capital are entitled to messages from Argentina's sitting economy minister. The decision continues a pattern in which Judge Preska has pushed Argentina to produce internal communications and financial information as the plaintiffs seek to identify attachable assets and pierce through sovereign defenses.

Burford, which funded the underlying claims brought by former YPF minority shareholders, has pursued a sprawling enforcement campaign following a 2023 judgment of approximately $16 billion plus interest. Argentina has resisted enforcement on multiple fronts, appealing the merits ruling and contesting asset-identification discovery, while the plaintiffs have sought turnover of Argentina's interest in YPF itself.

For the litigation finance market, the order is another marker of how far-reaching post-judgment discovery can be in high-stakes sovereign enforcement — and how central funder-backed plaintiffs have become to the mechanics of collecting against state defendants. The decision is likely to intensify the ongoing standoff between Argentina and its creditors in the U.S. courts.

Commercial

South Korea Recovers Record ISDS Legal Costs After Schindler Pays 9.6 Billion Won

By John Freund |

South Korea has recovered a record amount in investor-state dispute settlement legal costs, with Swiss elevator manufacturer Schindler paying approximately 9.6 billion won to satisfy a cost award following its unsuccessful arbitration claim against the Korean government. The payment marks the largest ISDS cost recovery in the country's history and offers a notable data point for parties evaluating the downside risk of treaty-based claims.

As reported by Chosunbiz, Jo Ara, head of the international investment disputes division at South Korea's Ministry of Justice, confirmed the recovery during a briefing on the government's handling of the case. Schindler had pursued a long-running claim tied to its investment in Hyundai Elevator, which the tribunal ultimately declined to sustain, exposing the investor to a substantial cost-shifting order.

The outcome highlights the growing willingness of tribunals to allocate costs against unsuccessful claimants in investor-state proceedings, a trend that has direct implications for litigation funders active in the international arbitration market. Cost awards of this scale can materially affect the economics of funding ISDS claims and are increasingly a factor in underwriting decisions.

For the broader litigation finance community, the Schindler payment underscores why funders evaluating treaty claims closely monitor both merits risk and cost exposure. As more states pursue aggressive recovery strategies after successful defenses, the downside profile of funded ISDS portfolios continues to evolve.