Michael D. McClintock

Representative Experience

• Obtained dismissal of a lawsuit against of the operators of a website in a negligence and wrongful death lawsuit brought in Wisconsin state court in which the plaintiff alleged the website facilitated the private sale of a firearm later used in a fatal shooting.
• Successful 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.
• Successful 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.
• Successful representation of a grinding product manufacturer in defense of a claim of patent infringement resulting in a jury verdict of invalidity, a finding of inequitable conduct and a finding for the client on its claim of tortious interference of business relationships in an amount in excess of $2.1 million.
• Successful representation of a software development company as lead trial counsel in a three-day arbitration trial before the American Abritration Association (‘AAA’) involving claims of breach of a software development contract and copyright infringement.
• Successful 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 antitrust violations.
• Successful representation of a 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.
• Successful representation of a 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.
• Successful representation of an American subsidiary of a Finland-based international supplier of plumbing and heating 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.
• Successful representation of a 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.
• Successful 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.
• Successful representation of a manufacturer of valves and controls for the oil and gas industry in a lawsuit alleging millions of dollars in damages arising from a boiler explosion that resulted in catastrophic burns and other injuries to the plaintiff.
• Coordination of pre-litigation investigation, accident reconstruction, and negotiation with potential plaintiff resulting in manufacturing client not being named as a defendant in a lawsuit regarding the explosion of a tank-truck inside a commercial building.
• Successful representation of a manufacturer of industrial valves and controls against a personal injury lawsuit arising from the explosion of a gas line that severed the legs of the plaintiff.
• 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)