Jayant’s business plan. One employee provided Jayant with a list of U.S. customer prospects that he
was paid to develop for Acme, Dave claimed, and the Jayant president admitted that Acme’s
documents were used to generate projections for investors. Dave further argued that while the
employees were setting up the plan for Jayant in India, they used false e-mail aliases that gave them
continued access to Acme’s orders.
The defendants were represented by three different prominent law firms, and Dave’s opponent in
the trial was highly articulate. He had twenty-five years of experience, a law degree from Columbia
and an undergraduate degree from Cornell, and a slew of awards under his belt, including being
named one of the top one hundred lawyers in Pennsylvania and the litigator of the week for the entire
country. One source described him as an “accomplished, knowledgeable, and sophisticated lawyer
who is amazing on his feet in court.”
The defense attorney was eloquent and polished, telling the jury that Jayant engaged in legitimate
competition, as it was entitled to do. Acme did lose some customers, the lawyer admitted, but it
wasn’t because the employees did anything wrong. Acme was the middle man distributing Jayant’s
castor oil products to customers. By cutting out the middleman, Jayant was able to sell the products
more cheaply, which is precisely the point of fair competition. The employees were being treated
poorly at Acme: one described it as a “hellhole,” the worst job of her life. The defense attorney
nailed his key arguments, and he questioned the credibility of Dave’s main witnesses. Dave was
impressed with the skill that the defense attorney demonstrated. “He was really good. He made better
arguments than we anticipated.”
Dave knew the trial could go either way. On the one hand, he had painted a compelling portrait
that Jayant and the two employees were guilty. On the other hand, this was a high-pressure, high-
profile case. It was Dave’s first time taking the lead in a jury trial; he was by far the youngest lawyer
there. During one of his examinations, an old foe reared its head: Dave started stammering. This
happened a few more times, and it signaled that he lacked confidence.
Dave was particularly concerned about the effect on one particular juror. During the trial, this
juror made it clear that he was in favor of the defendants: he felt that Jayant and the employees had
done nothing wrong. The juror responded enthusiastically to the defense attorney, nodding
appreciatively throughout his arguments and laughing loudly at his jokes. In contrast, when Dave
spoke, the juror avoided eye contact, smirked, and made dismissive gestures. Throughout the trial, the
juror came to court wearing blue jeans. But on the day of the closing arguments, the juror arrived
wearing a suit and tie. When Dave watched the juror waltz in, his heart sank. The juror wanted to be
the foreman, and he was obviously vying to turn the jury against Dave’s case.
Dave finished his closing, and the jury went into deliberation. When they came out, the
antagonistic juror walked out first. He had been elected foreman, and he read the verdict.
The jury ruled in favor of Dave’s client, to the tune of $7 million. Dave’s victory set a record for
the largest trade-secret verdict in Pennsylvania. There’s no doubt that Dave presented a brilliant case,
speaking with conviction as a true expert in his field. But there was another factor that gave him the
slightest edge.
There’s something that separates Dave Walton from other distinguished lawyers—and it’s
something that he shares with former GE CEO Jack Welch, Vice President Joe Biden, singer Carly
Simon, 20/20 anchor John Stossel, actor James Earl Jones, and Bill Walton of the Portland Trail
Blazers, who is now a basketball announcer.
michael s
(Michael S)
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