Makenzi Herbst is a trial lawyer who focuses her practice on intellectual property and commercial litigation matters.  She has assisted at multiple trials with favorable outcomes, she has successfully argued at the appellate and district court levels, and she has extensive deposition experience.  Her trial teams have been recognized as Litigators of the Week and Litigator of the Week Runners-Up by The American Lawyer’s Litigation Daily. 

She has represented clients in disputes involving a broad range of technologies, including wireless communications, microprocessors, diagnostics, pharmaceuticals, computer software, agriculture equipment, and plastic houseware products.

Makenzi’s practice encompasses all facets of litigation, including pre-suit investigation, pleadings, fact and expert discovery, trial, and appeal.  She has experience with multiple jury trials, including trials resulting in favorable verdicts in the District of Delaware, the Eastern District of Texas, the Western District of Texas, and the District of Massachusetts.  At trial, she has had extensive experience crafting opening and closing arguments and witness examinations, preparing witnesses to provide trial testimony, and helping to develop and drive overall trial strategies.  In addition to her trial experience, Makenzi has personally won oral arguments in both federal and state court, at both the trial and appellate level.  These include successfully arguing an appeal at the Massachusetts Appeals Court and an evidentiary motion in the Eastern District of Texas.  She has also first chaired multiple depositions and drafted briefs submitted to courts at all levels, including to the Court of Appeals for the Federal Circuit and the Massachusetts Supreme Judicial Court.