5 minutes with Andrew Farthing

Much of my time is spent reviewing court filings and activity. Depending on the matter and particular filing, this may involve providing input or edits on drafts. Other times, I receive a notification from the electronic docket that a new filing has occurred and review it after the fact. Along similar lines, I listen in to trials or oral arguments relevant to the matters I oversee when possible. Doing so allows me to stay abreast of the matters I manage so that I can provide the best advice to our client-counterparties on how to optimize our and our counterparties’ returns. Although control of litigation and settlement remains with our clients, many welcome and act on our input as a value-add to their matters.  

You’ve spent the last ten-plus years in-house at one of the world’s best-known companies. How does that experience translate to the legal finance industry? 

In my previous role, I led a team that handled a broad array of consumer and commercial litigation in courts all over the world. The focus of my efforts in those matters was much the same as it is here—how are we going to win, and what can we do to improve those odds? I also had the benefit of seeing many, many cases—far more than you could ever be exposed to as a practicing litigator at a law firm, for example, and in front of far more courts and judges. Those additional data points help to inform my judgment on how a case is going and what can be done to improve upon that trajectory.

What trends are you seeing in antitrust litigation that are of most interest to clients? 

A key emerging trend is the growing recognition that longstanding antitrust laws remain both valid and effective in today’s economy and market. Some have argued that existing antitrust law was not well suited to a technology-driven economy and that new legislation was needed. But here in the US, for example, we’ve seen Google face three antitrust trials in the last year. The most recent one regarding their advertising technology will be decided reasonably quickly, and verdicts already have come in against Google in the other two. Remedies have been ordered in the Google Play case and the government has outlined potential remedies in the search matter aimed at substantially impacting competition and prices to the benefit of both competitors and consumers. 

What’s the best advice you’ve ever received, and how has it shaped your career? 

Though not a verbal piece of advice necessarily, I have learned so much from participating in musical ensembles like orchestras, choirs and bands. The combination of individual and collective efforts required to succeed in a group musical performance is a perfect metaphor for career success. You can’t do it alone, but the group can’t succeed if you don’t do your part. And doing your part is more than just showing up to the performance. It’s arriving on time to rehearsal, with your personal practice done at home in advance, and with a pencil ready to take notes from the conductor. Litigation is a lot like making music. A monotonous drumbeat of all the evidence and law in your favor won’t necessarily win the day, but telling a story that takes the judge or jury on a journey with which they can connect will more often persuade them to your position. 

 5 … favorite things to do in Austin, Texas? 

1. Eat! Austin is a great city for all kinds of cuisine. The Michelin Guide is coming to Texas this fall and will shortly announce which of our local restaurants will receive a coveted star. I’m actually rather sad about this development because that recognition will make those restaurants more expensive and harder to get into. That said, it’s not just about fancy food; this is a town of breakfast tacos and barbecue—better yet, put them together with a slice of tender brisket in your breakfast taco for a delicious and high-protein start to your day.
2. Despite the summer heat, Austin is a great place to be outdoors. There are greenbelts all around the area for hiking, and there are numerous lakes and rivers for recreation as well. Live oak and cedar are common native trees around here, and both stay green all year round.
3. Go watch the bats emerge from the Congress Avenue bridge every evening at dusk. An estimated 1.5 million bats live in/under the bridge, and they come out nightly to eat 2/3 of their body weight in insects. Just when you think there can’t be any more bats, they keep coming!
4. This is a music town. If you fly in, there’s a decent chance there will be live music in the airport when you arrive. The bars and honky tonks on Sixth Street cater to a variety of musical tastes, and we also have a local opera company and symphony orchestra.
5. Whether it’s with our local MLS team, minor league baseball, basketball, hockey or any sport you can imagine at the University of Texas, there’s always a sporting event to see. Or for something more quintessentially Texan, take in the Friday Night Lights atmosphere and watch future NFL stars at the local high school football games.