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MikeOropallo

Partner

"I am a seasoned trial lawyer with dozens of first-chair trials under my belt, and I leverage my experience to strike deals for clients."

Overview

Biography

A first-chair trial lawyer with 30 years of wide-ranging complex civil trial experience, Mike is Barclay Damon’s Branding, Trademarks & Copyrights Practice Area chair and co-team leader of the outdoor and wildlife team. He regularly represents clients in complex intellectual property disputes throughout the United States and in negotiating agreements, licensing, monetization, and IP due diligence in mergers and acquisitions.

Mike is also an experienced environmental lawyer, having litigated and tried numerous environmental- exposure, property-contamination, Clean Water Act, and Superfund cases. His passion for wildlife and related laws and regulation has led to his outdoor and archery industries focus and his frequent representation of both individuals and organizations in these industries. He also counsels individuals and organizations, including natural history museums, on a variety of wildlife law, permitting, and related issues, including those regarding the Endangered Species Act, the Migratory Bird Treaty Act, the Marine Mammal Protection Act, the Convention on International Trade in Endangered Species (CITES), and the Lacey Act.

Bar Associations

  • American Bar Association
  • New York State Bar Association, Intellectual Property Section Vice Chair and Dispute Resolution Section Executive Committee Member

Selected Memberships & Affiliations

  • American Alliance of Museums
  • American Arbitration Association – Panel of Neutrals
  • Copyright Society of the USA
  • Innovation American Inn of Court
  • International Trademark Association – Panel of Neutrals
Experience

Representative Experience

  • Serves as lead first-chair trial counsel on patent, copyright, and trademark infringement cases, including for jury trials, Markman hearings, and on preliminary injunction, summary judgment, and additional hearings and motions.
  • Obtained a precedent-setting trial verdict upheld on appeal regarding the copyrightability of “useful articles” and realistic depictions of animals in three-dimensional sculptural works.
  • Serves as lead coordinating and IP due-diligence counsel for numerous acquisitions and mergers and on multi-million deals for individual companies and private equity.
  • Served as the lead member of a team in litigation regarding the Endangered Species Act listing of the polar bear and related appeals.
  • Successfully obtained copyright protection for sculptural work and restoration of the last Galapagos Tortoise that was on display at the American Museum of Natural History and now in Ecuador.
  • Successfully obtained a temporary restraining order and preliminary injunction against a former archery-equipment designer related to proprietary cam and related technologies.
  • Successfully defended a glove manufacturer at trial on the claim that the mark caused the likelihood of confusion with the registered mark for ski gloves and related merchandise. The proximity of the house mark eliminated the likelihood of confusion.
  • Successfully moved for a finding of civil contempt for the violation of an injunction in a copyright infringement case involving wearable art in the form of pewter wildlife-art pins.
  • Obtained a finding of infringement at trial involving design and utility patents for snow plows and material-moving devices.
  • Obtained numerous permits for the importation, possession, and transfer of various wildlife specimens for natural history museums.

Prior Experience

  • Hiscock & Barclay, LLP, Partner
  • Hancock & Estabrook, LLP, Partner
  • Schlumberger, Geologic Engineer

Selected Community Activities

  • Taxidermy Hall of Fame, Board of Directors Member
  • Roosevelt Wild Life Station, Collections Committee Member
  • Trial Lawyers Care, Pro Bono Counsel to 9/11 Victims
  • The Pope & Young Club, Legal Advisor
  • Cayuga County Chamber of Commerce, Former Chair and Board of Directors Member

Selected Honors

  • The Best Lawyers in America®: Copyright Law, 2020
  • Selected to Super Lawyers Upstate New York: Intellectual Property Litigation, 2011-2016 and 2018-2019
  • New York State Bar Association, Empire State Counsel Honoree, 2009-2010
  • ALM Top Rated in the Energy, Environmental, and Natural Resources for Environmental Law and Litigation – Environmental
  • Martindale-Hubbell AV Preeminent Peer Review Rated for Very High to Preeminent Ethical Standards and Legal Ability
Knowledge

Selected Speaking Engagements

  • CompuMark Lunch & Learn, “Trademarks and Industrial Designs: Where Research Impacts Go-to-Market Strategy”
  • Archery Trade Association, “Licensing 101: What to Look for in an Agreement to License Patents or Other Intellectual Property Rights”
  • National Taxidermists Association Annual Meeting and Convention, “Legal Developments and New Legislation Involving Wildlife Laws and Issues”
  • New York State Bar Association Annual Meeting, Intellectual Property Law Section, “Recent Patent Developments Around the World”
  • Defense Research Institute, “Trade Secrets and Agreements Not to Compete: New York Non-Competes”

Selected Publications & Media

  • New York State Bar Association Inside, “The Evolving State of Design Patent Damages and the Apple v. Samsung Case
  • Buffalo Law Journal, “Why the Northern Long-Eared Bat May Impact Your Practice
  • New York State Bar Association Bright Ideas, "What Will Become of Alice?"
  • American Bar Association Energy Litigation, "What Energy Lawyers Need to Know About the Endangered Species Act"
  • New York State Bar Association Bright Ideas, "Federal Circuit Addresses the Role of District Courts in Assessing Patent Damages, Expert Witness Testimony, and Reasonable Royalty Evidence"

Selected Alerts & Blog Posts

Featured Media

Alerts

Courtroom Battles Ahead for Emergency Regulations Addressing Vaping-Associated Pulmonary Illnesses

Alerts

Court of Appeals Green Lights Associational Discrimination Lawsuit Under the ADA

Alerts

Federal Appeals Court Strikes Down Contractual Limitation Period for Title VII Claims

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