Affirmative Counsel

About Us

Prospect Law offers commercial affirmative recovery and technology/brand protection services to discerning General Counsel, funds, entrepreneurs, innovators, shareholder representatives, start-ups, family/closely-held businesses and high net worth individuals.

Many of our clients hire Big Law firms for much of their legal work.  We complement those firms’ services and serve as a trusted referral option when important clients are seeking to file an affirmative recovery lawsuit.


Commercial Affirmative Recovery

Many successful people and companies are not in the practice of suing others. Their success flows from their business, ideas and innovation – not the courtroom.

On occasion, disputes arise and a lawsuit may be in order. An affirmative recovery action is a lawsuit we file on behalf of a client seeking a recovery or relief, usually in the form of damages.

Prospect Law offers optimum value for our clients in such situations. Affirmative recovery actions allow us to meld for our clients our Big Law litigation backgrounds in complex commercial, transactional, trade secret and intellectual property disputes and our experience as boutique firm plaintiffs’ counsel seeking affirmative recovery for clients in the same types of disputes.

Plaintiff is not a dirty word in our world.
Since 2015, we have been playing offense in complex affirmative recovery disputes as founders/partners of a litigation boutique firm. The roles of the plaintiff/plaintiff’s counsel in such disputes foster a different mindset compared to the roles of the defendant/defense counsel. We embrace it.
Applying Old Lessons to New Challenges.
Prospect Law is among a handful of elite commercial plaintiffs’ firms whose founders developed their litigation chops in collaboration with their former Big Law corporate, private equity, intellectual property, bankruptcy, life sciences, and regulated industries partners. We are not intimidated by and understand complex deals, contracts and technologies.

We routinely litigate against the most respected Big Law firms around. We’ve also been in their shoes. After over 35 years as Big Law partners, we understand the decision calculus applied by sophisticated defendants and their Big Law defense counsel and their strategies to dispose of complex cases by motion, trial or settlement. It’s more art than science no doubt, but our experience-based intuitions inform our timing and strategies.
Sharing Risks and Rewards.​
Many of our client’s litigation budgets do not contemplate the payment of significant hourly fees for affirmative recovery lawsuits. Prospect Law welcomes the opportunity to undertake cases on a contingency fee basis where the prospects for success warrant the risk. Contingent fee agreements allow our clients to pursue meritorious cases without incurring legal fees before the outcome of the case is known and to pay legal fees only if an affirmative recovery is achieved.
Getting started.
The earlier we become involved in evaluating a potential affirmative recovery lawsuit the better. Our process usually starts with a phone call and eventually involves a thorough due diligence process to allow us all to consider a potential engagement of Prospect Law to pursue a case.
Previous slide
Next slide

Intellectual Property, Technology and Brand Protection

Your innovation drives growth. We can help clients with their patent and trade secret matters to nurture, protect and monetize their innovations. We also protect clients’ brands against infringement, dilution and unfair competition.

These are important charges that require experience-based considerations of the potential costs, benefits and chances of success. We possess the combination of legal, business and technology know-how to partner with our clients to make these judgments and implement the appropriate strategies.

Our Proven Track Record Protecting Innovation.
Prospect Law’s lawyers have over 25 years of Big Law experience in protecting and enforcing IP rights in a variety of technologies. Playing offense matters. Our track record of success spans federal courts, the U.S. Patent and Trademark Office and arbitrations.
Monetizing Your IP Assets.
Prospect Law helps companies leverage their IP assets into licensing opportunities. Our experience allows us to evaluate the scope of our client’s IP rights, identify corresponding licensing targets and develop smart strategies to monetize their IP assets.
Taking Stands For Your Brands.
Selection of a new trademark is key. Prospect Law helps clients evaluate whether potential new marks are available for use and can be protected by a U.S. federal trademark registration.

On occasion, others in the market use a mark that causes confusion with an established brand or sell unauthorized products. We champion our clients’ brands and vigorously protect their trademarks and brands against infringement and unfair competition. Brand protection when you need it most.
Sharing Risks and Rewards.
Prospect Law is open to partnering with clients that prefer to pursue meritorious IP claims through a contingent or alternative fee arrangement. In a contingent fee arrangement, clients can pursue such IP claims and only pay legal fees if an affirmative recovery is obtained.
Previous slide
Next slide

Our Team


We can’t do this without you. You know your deal, contract, portfolio company or intellectual property inside and out. We will partner with you to persuasively advance our mutual prospects for achieving an affirmative recovery together.


Derek J. Meyer (Rick)

Rick is a first chair trial lawyer and has tried or arbitrated over thirty cases in venues across the United States. He previously served for 16 years as a partner of a large international firm, where he was based in the firm’s Chicago and Los Angeles offices and served on the firm’s Trial leadership team. Since 2015, Rick has been a founder/partner of a litigation boutique firm focusing on transactional, commercial, and IP disputes, primarily as a plaintiff’s counsel.

Direct: 310.220.0331
Mobile: 312.420.0201
  • On behalf of a private equity firm that engineered a roll-up and subsequent recapitalization, first-chaired the defense of  equitable subordination claims brought by junior debtors/sellers in a two week bench trial. Bankruptcy court refused plaintiffs’ request to treat client’s $32 million senior notes as equity and rejected plaintiffs’ fraud and breach of fiduciary duty claims against client.
  • Achieved confidential settlement on behalf of sellers in affirmative recovery M&A dispute over $35 million in milestone payments relating to clinical trials on a medical device.
  • Achieved confidential settlement on behalf of a life sciences in drug development affirmative recovery dispute.
  • Won a $15 million patent licensing arbitration on behalf of a biotech company in an arbitration brought by the licensor of certain patents. Had previously first-chaired and won a $20 million patent license dispute involving related science, with the claimant receiving only a small fraction of amount previously offered in settlement.
  • Achieved confidential settlement in patent infringement affirmative recovery dispute.
  • First-chaired the defense of a large law firm in thirteen related securities fraud arbitrations in which 300 claimants sought over $200 million. After four years, matters favorably resolved for an amount roughly equal to future defense costs.
  • Conceived and first-chaired a $410 million interpleader action filed by the largest United States’ tobacco companies against hundreds of plaintiffs’ attorneys that had represented in states in the lawsuits that resulted in the Master Settlement Agreement between the states and the tobacco companies. Obtained two separate injunctions enjoining competing lawsuits, the certification of three defendant classes of plaintiffs’ lawyers and negotiated the dismissal with prejudice of $2.8 billion in counterclaims without payment by the tobacco companies.
  • Replaced prior counsel and took over defense of breach of contract case shorty before trial.  One week prior to trial rejected plaintiff’s $10 million settlement demand.  Settled case for $1 million the day after opening statements in federal court jury trial.
  • First chaired affirmative recovery arbitration and recovered 100% of escrowed funds on behalf of seller under a stock purchase agreement and defeated buyer’s fraud counterclaim.
  • Achieved confidential settlement in affirmative recovery arbitration brought by multiple franchisees against franchisor that began opening corporate owned locations.
  • Achieved confidential settlement in trade secret affirmative recovery case on behalf of portfolio software company against developer.
  • First chaired defense of health insurer in action brought by a provider.  Rejected plaintiff’s precondition for mediation that client agree that it would offer at least $10 million in a mediation. Court awarded plaintiff $2.9 million following a seven day bench trial, far less than plaintiff’s settlement demand.  Later settled  – below the plaintiff’s pre-trial settlement demand – a second action brought by a related provider on second day of jury trial after eliciting biller’s admission that it had destroyed certain records on cross.
  • Achieved settlement in affirmative recovery estate litigation on behalf of family against seven charities and brokerage firm in case involving allegations of undue influence.
  • Crafted a “dual arbitration” consisting of a simultaneous international arbitration and a related arbitration regarding sale goals to be set by an industry expert. Prevailed in the sales goal arbitration and leveraged victory to achieve a highly favorable contract buyout prior to the decision by the international arbitration panel.
  • Key member of trial team representing the tobacco companies in connection with the fee arbitrations under their Master Settlement Agreement with the states to resolve the amount of attorneys’ fees to be paid to the private counsel retained by the various states’ Attorney Generals in their litigation against the tobacco industry.
  • Shortly before trial, obtained a decision from a California appellate court ordering the trial court to enter summary judgment in favor of client, a supplier of alcohol beverages, on a $30 million tortious interference claim brought by distributor.
  • Won temporary restraining order two days after Christmas preventing the termination of a marketing agreement at year-end, followed by expedited four day evidentiary hearing resulting in preliminary injunction order in January.  Supplier then consented to permanent injunction and later agreed to make a multi-million contract buy-out payment
  • First chaired trial and obtained favorable jury verdict and $1.3 million judgment on fraud claim by insurance company client against a software development company in Broward County, Florida (and the dismissal of all counterclaims with prejudice following discovery abuses by defendant).
  • Defeated a competitor’s request for injunctive relief seeking to enjoin client from entering a $270 million pharmaceutical contract with Cook County.
  • Achieved confidential settlement of distribution agreement affirmative recovery dispute.
  • Achieved confidential settlement agreement in promissory note affirmative recovery dispute.
  • Lead national defense counsel for the author James Frey in over 15 consolidated class actions in the SDNY relating to the sale of Mr. Frey’s book, A Million Little Pieces.

JD, Indiana University School of Law (Magna Cum Laude), 1991

BA, Indiana University, 1988


Illinois, 1991

California, 2011


John G. Bisbikis

John is a highly regarded intellectual property litigator that has successfully represented clients in complex cases in Federal courts across the country. In addition to patent cases involving many diverse technologies, he has had significant success in trade secret, design patent, trademark, trade dress and copyright cases.

As a trusted advisor to in-house counsel and senior management, John helps companies obtain, protect and monetize their valuable intellectual property rights. He also helps companies evaluate and avoid infringement risks.

He also works with companies to register, maintain and protect their trademarks and domain names and to develop brand management and enforcement programs.

Before co-founding Prospect Law, John was a partner in a large international law firm where he gained considerable experience in intellectual property litigation and corporate transactions. He has conducted intellectual property due diligence, negotiated and drafted contracts relating to mergers and acquisitions and prepared license agreements and assignments.

Direct: 312.374.8084
Mobile: 312.909.4838


  • Achieved confidential settlement for plaintiff/patent owner following Markman hearing in patent infringement affirmative recovery dispute.
  • Achieved confidential settlement for sellers in affirmative recovery dispute over multimillion dollar milestone payments relating to clinical trials on a medical device.
  • Secured victory in an IPR petition on behalf of patent owner/litigation plaintiff.  Following the filing of the patent owner’s preliminary response, the PTAB denied institution of the IPR petition with regard to all of the challenged claims.
  • Key member of a trial team that won a jury verdict of infringement for patent owner regarding multiple patents relating to computer networking hardware and software and also obtained an injunction in the U.S. District Court for the Western District of Wisconsin.
  • Won summary judgment of non-infringement in patent case for 12 national retail clients in the U.S. District Court for the Eastern District of Texas relating to client-server communications. The summary judgment decision was affirmed on appeal.
  • Won summary judgment of design patent invalidity for client in the U.S. District Court for the Northern District of Illinois relating to building product designs.
  • Conceived and filed motion that invalidated a “business method” patent under 35 U.S.C. Section 101 in the U.S. District Court for the District of Delaware.
  • Obtained early and complete dismissal of trademark, trade dress and design patent claims against defendant relating to athletic shoe designs.
  • Successfully resolved numerous patent infringement actions for companies relating to credit card and gift card transactions, computer communications, toner and ink jet cartridges and interactive video conferencing systems.
  • Obtained damages and an injunction for infringement of pro bono client’s copyrighted music in the U.S. District Court for the Northern District of Illinois.

Counseling and Prosecution Experience

  • Managed trademark portfolios for publicly traded and privately held companies.
  • Managed patent portfolios for companies in a wide variety of industries including medical devices, beverages and bottles, plastic packaging, financial services and credit cards.
  • Developed and implemented internal patent and trademark policies for Fortune 100 companies.
  • Conducted worldwide intellectual property audits and competitive analyses for multi-national corporations.

JD, University of Illinois College of Law (Magna Cum Laude), 1992

BS (General Engineering), University of Illinois, Urbana-Champaign, 1988


Illinois, 1992


At times, we act in concert with co-counsel to allow us to zero in on any additional expertise we believe necessary under the circumstances. Most times this is not necessary, but if we see a role for another team member from another firm we fill it because we want to win. To illustrate:

  • We work with Big Law foreign counsel on our cross-border disputes
  • We brought on a Big Law partner with expertise in inter partes reviews before the USTPO. Working together, we obtained an early dismissal of an IPR petition filed a year after we commenced the main patent infringement case and we successfully took it from there in the main case
  • We retained the head of a Big Law bankruptcy department to facilitate a path forward in an affirmative recovery action
  • We retained a renowned RICO lawyer to help us evaluate our client’s affirmative recovery options
  • We retained a trust and estates lawyer to facilitate the resolution of a multi-million dollar trust dispute

We also frequently liaise with Big Law corporate lawyers who worked on the underlying deal documents at issue. If we can leverage the insights of your existing corporate counsel, we will.


Prospect Law LLP
10990 Wilshire Boulevard, Suite 800
Los Angeles, California 90024

Prospect Law LLP
120 N. LaSalle Street, Suite 2000
Chicago, IL 60602

Affirmative Counsel