John Briody of McKool Smith. Courtesy photo

Tell us about your biggest trial win from January 2016 to July 2017 and how you achieved the result for your client.

We represent 17 independent service organizations (ISOs) in a monopolization case against General Electric Co. GE is the largest manufacturer of anesthesia machines in the country. Our clients — relatively small anesthesia repair shops — alleged that GE enacted policies to squeeze them out of business. One of GE’s policies was a refusal to sell parts directly to the ISOs; GE instead required the ISOs to acquire parts through a distributor, which thwarted the ISOs’ ability to compete. GE also adopted a policy that made it impossible for ISOs to obtain the training necessary to work on GE machines. After a seven-day trial, the jury found for our clients, and awarded them $43.8 million. Under the antitrust laws, that amount is trebled to $131.4 million.

Share two trial tips that have been key to your success.

1) You have to be authentic. The surest way to lose the jury (and the case) is by pretending to be something that you’re not. Jurors know when someone is faking it or trying to fool them.

2) Be adaptable. There are always surprises at trial, particularly when it comes to witness examination. You need to be able to go off-script and have faith in your ability to do so. — John Briody