BTI Litigation Outlook 2027: Powerhouse IP Firms Led by Top Women Practitioners

Recent data from the BTI Litigation Outlook underscores the dominance of elite intellectual property firms like Finnegan, under the leadership of firm chair and preeminent patent litigator Erika Harmon Arner.

The BTI Litigation Outlook rankings, compiled directly from independent interviews with top corporate general counsels, place Finnegan squarely in the "Powerhouse" tier for IP litigation. This designation reflects surging corporate demand for specialized trial counseling in high-stakes patent trials, post-grant proceedings, and complex appeals. Under Arner's leadership, the firm has continued to secure major victories, including favorable International Trade Commission (ITC) determinations and top-tier rankings across Managing IP and IAM Patent 1000.

Concurrently, other prominent women-led powerhouse practices, such as copyright and trademark groups directed by partners like Dale Cendali at Kirkland & Ellis, are capturing similar market recognition as corporate entities aggressively scale up spending to protect digital and technological assets. Together, these developments highlight how modern women IP leaders are steering top-ranked firms through an increasingly competitive and high-stakes legal landscape.

1.Finnegan Named an IP Litigation Powerhouse

• Finnegan, led by firm chair and preeminent patent litigator Erika Harmon Arner, was officially named an IP Litigation Powerhouse in the BTI Litigation Outlook 2027.
  

• The recognition is driven by direct feedback from corporate legal decision-makers, emphasizing the firm’s dominance in high-stakes patent trials, post-grant proceedings, and complex appellate work.
  

Recent Milestones: Alongside the BTI ranking, Arner's leadership has coincided with major accolades for the firm, including top-tier rankings in the Managing IP Stars guide and recognition on Forbes' inaugural list of America's Top Women Lawyers. Additionally, the firm recently secured a significant summary determination of no violation in a high-profile International Trade Commission (ITC) investigation.

2. Broad Industry Trends In Elite IP Practice

• According to the latest BTI Litigation Outlook data, corporate spending on intellectual property and complex litigation is scaling up sharply as disputes become more contentious and technologically complex, particularly around software, digital rights, and AI. [1]
  

• Impact on Women Leaders: Elite practice groups steered by prominent litigators, such as Finnegan under Arner and powerhouse copyright/trademark teams at firms like Kirkland & Ellis led by partners like Dale Cendali, are capturing a dominant share of this increased market activity, reflecting a broader push for specialized, high-stakes trial expertise.[2]

References: [1] (January 17, 2024). Norton Rose Fulbright’s 2024 Annual Litigation Trends Survey. Norton Rose Fulbright. https://www.nortonrosefulbright.com/en-us/knowledge/publications/8c0760b0/intellectual-property

[2] Litigation, B. (October 3, 2022). Finnegan Earns Tier 1 Benchmark Litigation Rankings for Intellectual Property Work, with Five Partners Recognized as Litigation Stars. Finnegan. https://www.finnegan.com/en/firm/news/finnegan-earns-tier-1-benchmark-litigation-rankings-for-intellectual-property-work-with-five-partners-recognized-as-litigation-stars.html