Meet James Gatto, a partner in Sheppard Mullin’s IP Practice Group and a Lawline Faculty Member. As leader of the firm’s Open Source Team, and co-team leader of its Digital Media Industry, Social Media and Games Industry teams, Jim knows a lot about technology. He also teaches other attorneys about everything from gamblification (using gambling mechanics for non-gambling purposes) to video games, to legal issues with mobile health and wellness apps. Below, Jim shares his professional journey, his advice to those starting out, and his perspective on the future of the legal and technology industries.

Learn more in the CLE Course, Gamblification: The Legal Status Of Gambling Mechanics In Interactive Entertainment (get 1.5 credits).

What made you decide to practice law, and more specifically, your practice area?
I have always been fascinated by the intersection of law, technology and business. I studied electrical engineering and physics in college. I planned to work as an engineer and subsequently pursue an MBA. As I was interviewing for jobs, none of the engineering jobs excited me enough. After some research, I learned there was a shortage of attorneys with technical backgrounds and that patent law was growing rapidly. I applied for and secured a job as a patent examiner immediately following graduation and started law school in Georgetown’s evening program that fall. Thirty-three years later, I am still doing patent and technology law and loving it.

That is quite a journey. Was there a mentor/lawyer you admire who helped you along the way?  

I am fortunate for the opportunity to have worked with and learned from many great lawyers over the past 30 years. It is hard to pick just one. At my first law firm, I worked for a partner named Joe Potenza. I learned a lot from Joe about patent law. More importantly, Joe got me involved in the American Bar Association as the chair of the Intellectual Property Section of the Young Lawyers Division. This was an amazing role and showed me the benefits of being involved in industry organizations and the benefits of leadership in such organizations.

You have been practicing for 33 years. What’s your favorite experience as a lawyer?  

Every time I get a client a good result, it is a great experience. I am fortunate to have experienced many of these over the past 30+ years. They vary from getting a key patent granted for a startup, helping a company license or sell its patents, developing a unique legal/business strategy or any other significant result. It is also particularly rewarding to advise on a matter and achieve a desired result when other lawyers were unable to. In one case, a client filed a patent application through another firm, but the firm was unable to get the patent granted. The client almost decided to abandon the application. Instead, they hired me. Within months, I got the patent allowed. As soon as the patent was issued, we sued a competitor who copied the idea and we obtained an injunction. The client was delighted.

For the past three decades, you’ve seen the legal and tech industries evolve. What does the future look like?

The legal industry is clearly going through rapid change. Technology and outsourcing are rendering obsolete many of the more routine legal functions and causing firms to have to adapt. The future of law firms is focusing on high value, strategic work that cannot be replaced by computers, while leveraging computers and applications (e.g., AI) as much as possible to maximize efficiency. I also think the associate model will change significantly. Partnership used to be primarily lock-step. It needed to change and it did. The lock-step, up or out model for associates needs to change as well, and it will.

Being so involved in the tech industry, you must use some tech yourself. What is one piece of technology you can’t live without?  

My iPhone. Having constant access to my email and calendar enables me to provide prompt client service. I also use mobile apps to further enhance my productivity. I use OneNote to electronically record notes, to-dos, and manage projects. I use LinkedIn to stay in contact with clients and prospects and share useful information with my network. I also sample new games published by my clients and client targets.  I listen to podcasts when traveling to stay abreast of current business and tech trends. One of my favorites is A16Z podcast (produced by the VC firm of Andreessen Horowitz).

You mentioned sampling new games published by your clients or client targets.  What are some of your favorite video games? What specifically fascinates you about the video game industry?  

I like a variety of games and game genres. I love to study games to understand the developer’s approach to the design. Even when playing games, it is a learning process. I am particularly interested in the innovation in games including new technology platforms (e.g., virtual reality and augmented reality based-games) and business models (freemium models, gamblification and other monetization mechanisms). In addition to entertainment-based games, I am passionate about the growth in the use of games for good (a.k.a. “serious games”). This includes the use of games for education, healthcare and therapy, training and simulation and many other applications.

In such a rapidly changing landscape, I’m sure there are many attorneys who are attracted to this area of practice. What does your firm look for in a first-year associate?  

Someone with the right skills to succeed, the passion and drive to employ those skills to the fullest, the commitment to invest the time necessary to succeed in a very demanding profession, and the personality to add positive energy to the firm and the good-heartedness to give back to others.

What is one piece of advice that you wish someone had given you at the start of your career?  

Build a network of professionals that you like, spend quality time with them, share information and help THEM. You will find it personally rewarding, and it will pay dividends for you, too.

Speaking of networks, we met through your participation in two Lawline CLE events, the Interactive Entertainment and the Health Care Event. Why do you teach CLE programs?  

First, I like teaching. I spent time as an adjunct professor in an MBA program. I really enjoyed it, but the time commitment was too much. Teaching CLE programs is much more manageable. Second, the preparation required to teach effectively requires me to focus on the materials in a more detailed way. Third, I learn from the Q&A and feedback. The questions often help me gain insights on what is important to the listeners and highlight areas where I can improve the presentation.

If you had to choose a career path other than law, what would that be?  

I would do something that focused on a consulting or mentoring role that would enable me to work with and advise many companies at the intersection of innovative technology and new business models. Having worked with a number of incubators and start-up organizations, I find it very rewarding to help entrepreneurs take an idea and turn it into a viable company.  It is rewarding to help shape a business model to ensure it is economically viable and minimizes legal issues, connect a business with potential partners and funding sources and provide general business and professional advice to the founders.