Megan M. O’Laughlin, Esq.
Megan O’Laughlin is a seasoned litigator and zealous advocate, representing both plaintiffs and defendants in intellectual property and complex commercial litigation. Megan not only represents clients through all stages of litigation, but also counsels clients on how best to protect their interests outside the courtroom, including through IP enforcement, U.S. Patent and Trademark Office proceedings, and arbitration of contract disputes.
Megan began her practice in the Dallas office of Akin Gump Strauss Hauer & Feld LLP, where she represented a wide variety of clients – including commercial mortgage lenders, telecommunications providers, oil and gas companies, and international industry leaders – in federal and state court litigation, administrative proceedings, and arbitration. She was selected to participate in the Dallas District Attorney’s Office Lawyer-on-Loan Program, honing her trial and advocacy skills through dozens of criminal trials before returning to Akin Gump.
But the world of intellectual property most intrigued Megan, leading her to join Hitchcock Evert in 2008. She has continued to build her expertise in patent infringement, trademark infringement, copyright infringement, trade secret misappropriation and unfair competition litigation at the trial and appellate levels. She has prepared several successful dispositive motions in federal court, has secured preliminary and permanent injunctive relief on behalf of multiple trademark owners, and has obtained both precedential and non-precedential rulings in her clients’ favor from the U.S. Court of Appeals for the Fifth Circuit. Megan also has extensive experience in U.S. Patent and Trademark Office proceedings on behalf of both petitioners and respondents.
Megan also co-authored an amicus brief before the Federal Circuit and amicus briefs before the Supreme Court in the high-profile case ofThe Association for Molecular Pathology et al v. Myriad Genetics, Inc., in which the Supreme Court held that human genetic material (specifically, the BRCA1 and BRCA2 genes and mutations thereof that correlate to an increased risk for breast and ovarian cancers) was not patent-eligible subject matter, as the amici had urged.
RECENT REPRESENTATIVE EXPERIENCE
- Securing a permanent injunction for the leading manufacturer of tortillas and other Mexican food products against infringement of its trademarks by a chain of fast casual Mexican restaurants
- Securing a permanent injunction on behalf of a successful chain of sports-bar themed restaurants against infringement of its trademarks and trade dress
- Obtaining a favorable settlement, including an agreed permanent injunction, on behalf of a preeminent provider of information and advice related to the automotive industry against defendants engaged in “astroturfing,” which is the practice of submitting falsified internet reviews
- Securing a judgment as a matter of law in a complex trade secret matter, including oral arguments before the U.S. Court of Appeals for the Fifth Circuit
- Prosecuting multiple trade dress infringement actions on behalf of restaurant franchises and apparel manufacturers, leading to favorable settlements that protected the brands
- Obtaining favorable, business-driven settlements on behalf of clients accused of intellectual property infringement by competitors, former affiliates, and non-practicing entities
- Securing an arbitration award, including monetary damages and attorneys’ fees, in a breach of contract action
SELECTED HONORS/MEMBERSHIPS:
- Recognized as Appellate Lawyer of the Week by Texas Monthly Magazine, 2014
- Dallas Bar Association Franchise & Distribution Law Section Chair, 2018-2019
- Attorneys Serving the Community, 2016-present
BAR ADMISSIONS
- State of Texas
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Fifth Circuit
- U.S. District Court – Northern District of Texas
- U.S. District Court - Eastern District of Texas
- U.S. District Court - Western District of Texas
EDUCATION
- Juris Doctorate – Vanderbilt University, 1999
- Bachelor of Arts in Political Science – University of Texas at San Antonio, 1996