Michael D. McClintock Shareholder

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Biography

Michael McClintock is an experienced trial attorney whose practice encompasses all forms of business-related litigation in both state and federal courts, as well as commercial arbitration.  He represents clients in disputes involving intellectual property litigation, including patents, trademarks, copyrights and cyber-piracy, as well as in other areas of general business litigation, including environmental law, contract disputes, real estate, securities, oil and gas and other business controversies.  Michael has represented leading corporations and businesses in a variety of industries, including technology, advertising, manufacturing, energy, real estate, media and publishing, banking, construction and pharmaceutical.

Michael also serves as an adjunct professor at Oklahoma City University School of Law, teaching trial practice techniques and substantive courses.  He is a contributing author regarding Oklahoma law to the Defense Research Institute's Unfair Trade Practices: A Compendium of State Law, and MacMillan Reference USA's Major Acts of Congress, a historical study of the U.S. Congress' role in economic, social and political decisions, and has published a number of legal articles, including:

• “The Declining Use of Legal Scholarship by Courts: an Empirical Study,” 51, Oklahoma Law Review 659
• “Strategies for Dealing with Cybersmear – The Posting of Defamatory or Damaging Information on the Internet Concerning a Corporation,” 73 Oklahoma Bar Journal No. 24, (Intellectual Property Law Section), August 17, 2002
• “Oklahoma’s Anti-Deficiency Judgment Statute,” Cleverdon Real Property Round Table Seminar, Oklahoma Bar Association Real Property Law Section

Prior to joining McAfee & Taft, Michael served as a federal judicial clerk for the Honorable Robert H. Henry, U.S. Court of Appeals for the Tenth Circuit.  Before attending law school, he served as an officer in the U.S. Navy, serving as the Electronic Warfare Officer, Electronic Material Officer, and Communication Officer on the U.S.S. Joseph Hewes, FF-1078.

Representative Experience Representation of nationwide catalogue and television marketing corporation as lead trial counsel in a seven-day jury trial involving claims of trademark and trade dress infringement, breach of contract, conspiracy to breach fiduciary duty, and dissolution of a related business entity Representation of a software development company as lead trial counsel in a three-day arbitration trial before an arbitrator appointed by the American Abritration Association ("AAA") involving claims of breach of a software development contract and copyright infringement Representation of a Singapore-based international manufacturer and distributor as lead counsel in a five-day jury trial involving claims of breach of contract and breach of warranty Representation of a manufacturer of valves and controls for the oil and gas industry as lead counsel in a trademark infringement lawsuit against a competitor knocking-off several of the client’s most successful products and involving counterclaims by the infringer for alleged invalidity of trademark registrations, fraud on the Patent and Trademark Office, and anti-trust violations Representation of national lumber distributor to professional contractors in the commercial residential construction industry as lead counsel in breach of a non-compete agreement against a competitor arising out of a multi-million dollar merger and acquisition Representation of Texas real estate development company that developed a high-end, luxury hotel and adjoining condominiums as lead counsel in a trademark infringement lawsuit against a competitor corporation's competing condominium development utilizing a nearly identical and confusingly similar name in order to trade on the goodwill of the client’s successful hotel and condominium development Representation of American subsidiary of Finland-based international supplier of plumbing and hearting systems for residential and commercial building markets as lead counsel in a CERCLA and toxic tort lawsuit regarding liability and remediation of groundwater contaminated with the chemicals Trichloroethylene ("TCE") and Trichloroethane ("TCA"), resolution of which was impeding the liquidation of the Finland parent corporation's real property holdings in the United States Representation of Texas preferred provider organization (a "PPO") as lead counsel in a breach of contract lawsuit against a corporation for failure to pay for PPO services provided to its customer-employer groups Representation of a regional financial institution as lead counsel in an international domain name arbitration, conducted in dual languages, against a company located in Korea and operating a pornography website using the financial institution’s federally registered trademark and trade name as an Internet link to its pornography site Accuweather, Inc. v. Total Weather, Inc., 223 F.Supp.2d 612 (M.D.Pa. 2002) (Lead trial counsel for the defendants) First United Bank & Trust Co. v. Jinseok Yang (Seoul, South Korea); Claim Number: FA0206000114649  (Lead trial counsel for the claimant/plaintiff) Q-Trade Canada, Inc. v. Bank of Hydro Oklahoma, Case No. AF-0169; (Lead trial counsel for the respondent/ defendant)

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