Episode 18: Countering Scorched Earth Tactics with Doug Lalone

“Move forward in a professional manner. Gather your facts, understand the law, and do the best you can to represent the client to get a positive resolution. And don’t go off the deep end. Don’t try to retaliate. Just stay focused.”

-Doug Lalone

Episode Outline

00:19 – Introduction

01:49 – About Doug Lalone

04:20 – Doug’s involvement with ACG

05:13 – The Leepers rifle scope case

12:41 – Trade dress infringement

16:25 – Functionality and trade dress

22:04 – Resolution of the rifle scope case

24:18 – Doug’s advice for dealing with scorched earth litigators

26:20 – Pleading the fifth in a civil case

30:52 – Where to find Doug Lalone online

31:38 – Sponsor Spotlight: Shaun Fitzpatrick of Fortz Legal Support

Resources

• Doug Lalone’s attorney bio

About Doug Lalone

Doug LaLone is an engineer, patent attorney, and partner at Fishman Stewart. He also serves as chair of the firm’s Strategic IP Practice Group which counsels portfolio companies, PE, VC and IB firms on intellectual property strategies, due diligence and portfolio management.

Doug works on both the buy and sell side of M&A transactions. He has successfully prosecuted and defended over 100 different Intellectual Property suits in numerous federal and state courts, and appeals before the Sixth Circuit Court of Appeals. His cases have covered patent, trademark, trade secret, unfair competition, domain name, non-compete, and copyright infringement claims. Additionally, Doug has prosecuted hundreds of patent applications on numerous consumer and industrial products for middle market companies and routinely conducts brand clearances and prosecutes trademark applications to help clients protect their Intellectual Property positions.

Doug has served as a judge for the Crain’s Detroit Business M&A Awards and as president of the Association for Corporate Growth (ACG) – Detroit.  Doug is a member of the Michigan District Optimist Club and is an active member of Kensington Community Church.