Intellectual Property

Raising Arizona

In brutal professions like the NFL -- and IP legal practice -- anyone who has gotten to the point of playing at the highest level was only able to do so by demonstrating talent, resilience, and a bit of luck.

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For the fourth time in my life and the second time since I became a season-ticket holder, the Philadelphia Eagles have made it to the Super Bowl. The upcoming game against the Kansas City Chiefs will be the 57th running of the event, with the Chiefs having most recently won the Super Bowl in 2019, while the Eagles prevailed in 2017. Both franchises have had sustained success over the past decade or two, with each also entering this year’s playoffs as the top-seed in their respective conferences. All indications point to a blockbuster of a game, in what once again promises to result in the top-rated television show of the year in the United States. I’ll give my prediction for the game in the concluding paragraph of this column. Before then, I wanted to highlight some of the lessons we can take as lawyers from some of the members of this year’s Eagles franchise.

We can start with a fellow lawyer, as well as a fellow Brooklynite, Howie Roseman. A graduate of Fordham Law, Roseman is now the executive vice president and general manager of the Eagles. In my view, Roseman’s career arc is a potent reminder of the value of betting on oneself and remaining tenacious in pursuit of one’s goals. Essential qualities in an IP lawyer, considering the competitive firm and business environment that is an evergreen feature of a career in legal practice. A lifer with the team, he started as an intern before rising up the ranks to become the team’s general manager — the youngest in the whole NFL at the time — in 2010. In short, he bet his nascent legal career on finding a job in his dream field, sports.

While on the surface his ride looks both parabolic and smooth, as with most long careers within a single organization, there were definitely setbacks Roseman had to contend with. Chief among them was his demotion in 2014 from his role in player personnel selection, at the urging of the Eagles head coach at the time, Chip Kelly. It has been publicly reported that for the next few years Roseman was reduced to a bit of a pariah, such that he was forced to sit on the proverbial other side of the office, on top of having his responsibilities curtailed. Given his tenacious nature, however, Roseman outlived the Eagles’ Kelly-era, to retake the helm of the team and helping to build both the Eagles’ 2017 Super Bowl-winning squad as well as this year’s juggernaut of a team. His efforts in both Super Bowl years culminated in his twice winning NFL Executive of the Year. As nice as the personal recognition is, I am sure that Roseman would find much more satisfaction in a win on Sunday.

If that win happens, it is very likely that one of Roseman’s most aggressive bets had a major hand in the victory. On the offensive side of the ball, the key player is, of course, Jalen Hurts, the MVP candidate quarterback of the Eagles, who has gone 16-1 as a starter in this year’s regular season and playoffs. On the one hand, Hurts has been a success at every stage of his football career, from his winning of a college national championship as a sophomore at Alabama, to finishing second in the Heisman Trophy as a senior at Oklahoma, to his selection this year as a second team all-pro in just his second full season as a starting quarterback in the pros. At the same time, Hurts was drafted in the second round of the 2020 NFL Draft, with every expectation that he would be a backup behind the Eagles’ then-established starter in Carson Wentz. But injuries to Wentz opened the window for Hurts to get his chance to play, an opportunity that he parlayed into earning the job as the Eagles full-time starter in 2021, leading up to his performance this year — which has cemented his status as the team’s franchise quarterback for the foreseeable future, with a megabucks (more than $40 million per year) contract in store that is almost certain to come either after this season or sometime next year. In Hurts, we as lawyers can see a shining example of how preparing oneself to be a leader and making the most of opportunities that present themselves can lead to sustained success even if one was underestimated to begin with. As aspiring Biglaw partners are told, “act like a partner if you want to make partner,” so does Hurts’ example highlight the importance of constant improvement and a willingness to shrug off doubters along the way. A Super Bowl win in his second full season as a starter? That should be enough to silence any doubters permanently.

Turning to the defense, the player that has perhaps distinguished themselves the most this season — and definitely in the Eagles’ playoff run so far — is edge rusher Haason Reddick. A Philly native (by way of Camden, N.J.) who played his college football at Temple, Reddick was a first-round draft pick in 2017, who bounced around with two other teams before joining the Eagles as a high-priced free agent signing before this season. You can think of Reddick as the law firm equivalent of a talented but mercurial lateral candidate who never really was able to parlay a demonstrated ability to develop a book of business into a permanent home. Until this season, where Reddick cemented himself as one of the elite pass rushers in the NFL and in the process has already made his free agent contract look like a bargain. In Reddick, we as lawyers can see the importance of having the right environment and coaching in place in order to reach our full potential, just as Reddick has demonstrated with his performance this year. For him as well, a winning performance in the Super Bowl would only cement his status as a budding Eagles legend, as well as one of the most fearsome defensive players in the entire league.

Ultimately, there is something we could learn from each of the players, coaches, and executives on the Eagles — and the Chiefs as well. In brutal professions like the NFL — and IP legal practice — anyone who has gotten to the point of playing at the highest level was only able to do so by demonstrating talent, resilience, and a bit of luck in terms of landing in the right environment to make the most of their abilities. As for the game — my pick is Eagles 29 – Chiefs 15, with the Eagles defense hounding Patrick Mahomes all game, leading to at least four sacks and two turnovers. It may be wishful thinking, but that is my pick for now. Enjoy the game and take a minute to recognize the hard work and talent that led to the teams being on that Arizona field in the first place.

Please feel free to send comments or questions to me at gkroub@kskiplaw.com or via Twitter: @gkroub. Any topic suggestions or thoughts are most welcome.

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Gaston Kroub lives in Brooklyn and is a founding partner of Kroub, Silbersher & Kolmykov PLLC, an intellectual property litigation boutique, and Markman Advisors LLC, a leading consultancy on patent issues for the investment community. Gaston’s practice focuses on intellectual property litigation and related counseling, with a strong focus on patent matters. You can reach him at gkroub@kskiplaw.com or follow him on Twitter: @gkroub.

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