They’ve Got Next: The 40 Under 40 - Stephen Payne of Irell & Manella

Stephen Payne

Age: 35

Law Firm: Irell & Manella

Practice Area: Intellectual Property

Title: Partner

Location: Newport Beach, Calif.

Law School: University of Chicago Law School

Please describe two of your most substantial, recent wins in practice.

In 2023 and 2024, I was a core member of the trial team that secured three jury verdicts for Netlist finding that Samsung and Micron willfully infringed Netlist patents related to computer memory technology, and collectively awarding over $800 million in damages, and a bench trial verdict that Netlist’s patents were not unenforceable. The cases were significant not only because they validated Netlist’s technology, but also because our team was able to conduct and prevail in these trials in a compact time frame.

In 2023, I represented DePuy Synthes in a patent infringement trial against VOI and Fidelio Capital. The case was significant because it involved the sale of knock-off devices harming our client’s business. It also involved complex legal issues related to the vicarious liability of Fidelio, the owner of VOI, which I argued at trial.

We secured a jury verdict that VOI willfully infringed, that Fidelio was liable, and damages of $59 million. We subsequently obtained a permanent injunction. When evidence emerged that defendants had conducted a fire sale to attempt to evade the injunction, we filed a motion for contempt. After the first day of the contempt hearing, defendants settled for more than the jury’s damages award.

What is the most important lesson you learned as a first-year attorney and how does it inform your practice today?

The most important lesson I learned as a first-year attorney was when assigned a task, no matter how big or small, to always take full ownership of it and treat it as if I would be the only person to work on it. This helped me master not only the detail-oriented work that is a critical part of being a good litigator, but also to taught me to think on a higher level about how each project fit into the overall case and how I could add value to it.

This lesson is still a critical part of my practice today. It challenges me to always strive to understand and improve everything that crosses my desk and not simply to do what has been done before.

How do you define success in your practice?

I define success as finding a way to achieve results in a case that meet that client’s particular needs, whether that be a favorable jury verdict, resolving case as quickly and efficiently as possible, or putting the client in the best position to negotiate a favorable resolution. This also includes setting a unique strategy for each case targeted at meeting the client’s needs, guiding the case to implement those strategies, and giving that client the best possible representation and advice along the way.

What are you most proud of as a lawyer?

I am most proud of the teamwork and cohesion of our Irell team, from lead counsel and partners, to associates to paralegals and staff. A critical part of every successful case is having everyone pull together toward a common goal and contribute their own unique skills and insight. I am very proud of how we’ve come together to achieve outstanding outcomes that would not have been possible otherwise.

Who is your greatest mentor in the law and what have they taught you?

I have been fortunate to have outstanding mentors within Irell, including senior partners I work closely with such as Lisa Glasser and Jason Sheasby. They have taught me a great deal about how to be a lawyer and trial attorney.

One of the most important lessons they have taught me is not to approach tasks in isolation, but to think about how they fit into the broader case and how it will ultimately be used to support our case in front of the jury or court. This lesson has been an essential part of my growth as a litigator and helps me focus on the issues that matter in a case.

Tell us your two favorite songs on your summer music playlist.

“Pink Pony Club,” by Chappell Roan, because it’s a favorite of my daughters. [And] “Backup Plan,” by Bailey Zimmerman, because it’s a good running song.

Stephen Payne of Irell with his wife, Kelly, attending a friend’s wedding in Chicago.

Photo Illustration: Jonathan Hurtarte/Bloomberg Law; Photo courtesy of Stephen Payne