Legal Lady Boss- Megan Bannigan

Megan Bannigan is very much a renaissance woman- partner, adjunct professor, mom, wife. She does it all gracefully and with total humility, although that doesn’t mean she doesn’t have bragging rights— Megan has worked on some of the most high-profile intellectual property cases. Perhaps you heard about the Nike “Satan” Shoes” case in the headlines over the past few weeks?

Below Megan shares how she made partner right after coming back from maternity leave and words of wisdom on handling uncertainty. Enjoy!

Let’s start from the beginning, what was your path from Rutgers Law School to partner at Debevoise?

Much to my surprise, my path was somewhat linear.   I was a summer associate at Debevoise, which led me to accept a position as a full-time associate when I graduated.  I truly expected to spend only a few years here, while I figured out what I really wanted to do and where I really wanted to live.  I had no intention of ever working toward becoming a Partner, let alone trying Intellectual Property cases.  But thanks to some amazing mentors and one exciting case after another where I was getting more and more experience each time, here I am today.  I eventually discovered that IP law was my passion and developed an exciting practice of my own.  This path was unexpected, but I’m glad I kept an open mind. 

You’ve worked on some very exciting and high-profile cases. What is a highlight of your career thus far?

This is a hard one to answer because so many of my cases have truly been meaningful.  One that certainly stands out is a case we tried on behalf of Kate Spade back in 2013.  It was the first IP case on which I worked start to finish – and the one that solidified my desire to do this forever.  I realized I loved the subject matter, I loved working with creative clients, I loved using creative arguments to protect and defend brands – and, of course, the full trial victory on the merits didn’t hurt either! 

Since that time, I have worked with so many great clients and have been involved in so many interesting legal issues.  One of the more recent cases that stands out is the ongoing dispute between Merck & Co., based in the U.S., and Merck KGaA, based in Germany, which is a dispute that spans over ten jurisdictions around the world.   We represent Merck KGaA, and the case involves several novel, cutting-edge legal issues as the two companies grapple with having rights to the same name in different jurisdictions. Adding to the complexity is how to handle these issues in an ever-increasing global and Internet-dominant society.  This work is ongoing and its not only exciting, but I’ll of course always remember it as the case I was working on when I became a partner.

And, of course, my practice is so much more than my substantive cases.  I have spoken and written in so many amazing fora.  I also had the great honor of testifying before the United States Senate Judiciary Committee’s Subcommittee on Intellectual Property in December 2019 on the issue of fraudulent trademarks – testimony that helped usher through the recent Trademark Modernization Act.  That certainly goes into the highlight reel and something I would love to do again.

You are also an adjunct professor at Rutgers Law School and New York University School of Law. How does time management play an important role in taking on additional roles and responsibilities?

The age old question!  I cannot lie – time management is always challenging, especially with a rigorous job and two small children at home.  What keeps me going is organization (I keep lists and write down everything) and that I love what I do.  I end up spending at least one night per week (and several hours) preparing for each of my classes, but, at the end of the day, teaching keeps me updated on the most interesting areas of IP law and has the added benefit of letting me teach and mentor students.  At the end of the day, you need to make sure you love what you do; otherwise the juggling is certainly not worth it!

Virtual learning has been difficult for many students. Any advice on how students can stay engaged in the same way they would in an in-person environment?

I have been so impressed with how well my students have transitioned to virtual learning – to some extent, I have found it even allows for more rigorous and exciting conversations because the students are even more focused than in person.   

Creating an environment where you are able to focus, with the least amount of distractions, is key.  We all know that being home can make this much harder.  When I attend meetings and presentations, I always make sure to turn my video on –it certainly makes me feel more engaged.  I also turn off notifications from email, my phone and the Internet to minimize the distractions.  

Another thing I have found helpful is to prepare for everything  in advance – this is even more important in the virtual setting.  It’s impossible to remain focused with all of these distractions around you if you are not prepared and ready to discuss the topics at hand. 

Avocate is a women’s mentoring group of women mentoring women, but of course, men play an important role in mentoring women. You’ve had a male mentor at Debevoise- David Bernstein. What advice do you have for men to serve as successful mentors or advocates for women?

I have been incredibly lucky to have both men and women mentors at Debevoise, but especially David who has been a true teacher and sponsor every step of the way.  David has made it to the peak of his profession and is truly one of the best trademark lawyers in the world.  Remarkably, he is just as passionate for watching others on his team succeed.  He loves – and fights hard – to to give opportunities and stretch assignments to more junior lawyers.  He fosters a workplace where everyone’s input is important but excellence is key. He’s been an exceptional role model for me, supported me throughout my journey (bad times and good times), and I really would not be where I am without his support.    Everyone – both men and women – should use this model.

You made partner right after coming back from maternity leave. There’s often a fear that your professional momentum cannot continue when there are changes in your personal life. What words of wisdom do you have for women who are on the partner track while they’re growing their family?

I would be lying if I said this process wasn’t nerve-racking to some extent.  But at the end of the day, the most important thing is to trust in yourself and make sure you are putting all of your goals first.  My drive to be promoted to partner was important, but so was becoming a mom.   I ultimately had to trust my instincts and take a chance that it would all work out.  And it did. 

One thing I did as I was approaching each of my maternity leaves that made them easier for me was to write out a detailed business plan and list of goals I had already accomplished or planned to accomplish when I returned.  Putting this down on paper made me realize that it was not a big deal to take a few months off and focus on my family – and gave me a clear plan of attack for when I returned.  It made me feel on top of everything and was super helpful to stay focused. 

The pandemic has impacted the lives of women particularly working moms. What adjustments have you struggled with? Any silver linings?

The pandemic has certainly been full of ups and downs.   I was surprised at how hard the transition to working from home was – not only were there initially childcare issues, but I found I was never taking time for myself.  It was either constant work or constant parenting, nothing else.  The fact that I missed my NJ Transit commute was absolutely shocking to me!  I have tried to consciously fix this in the last few months – for instance, I started taking tennis lessons again.  It’s not much, but a guaranteed hour where I’m out of the house and doing something alone!

But aside from the difficulties, the silver linings have been many too – spending more time with my family and having dinner together every night has been wonderful. It also makes me appreciate my husband more, who is truly a 50/50 co-parenter (although if you ask him; it’s 60/40 in his favor).  And, even though I have missed my commute, I will be hard to go back to that as well!

The past twelve months have been filled with uncertainty. Please leave our readers with a piece of advice.

I always go back to a piece of advice The Honorable Mary Little Cooper gave to me back in 2008 when I had the pleasure of starting my district court clerkship for her.  On the very first day, she sat me down and warned that I was going to face complex issues and have moments where I felt just  utterly confused and like I would never be able to figure out the answer.  She explained that if I got to that point, it meant I was going down the right path and truly thinking through the hard issues.  Keep pushing and the confusion will lift and the answer will become apparent. 

It didn’t make much sense at the time, but I have found this to be so true over and over again – both on substantive legal issues and life in general.  Don’t let the confusion scare you or alter your confidence, it means you are doing the right thing.   Even though this advice was given to me years before the pandemic, it is so applicable with all of the issues we’re facing today.

Megan K. Bannigan is a litigation partner and member of the Litigation and Intellectual Property & Media Groups at Debevoise & Plimpton, focusing on trademarks, trade dress, copyrights, false advertising, design patents, rights of publicity, licensing and other contractual disputes. She represents clients across a range of industries, including consumer products, cosmetics, entertainment, fashion and luxury goods, financial services, food and beverage, pharmaceuticals, professional sports and technology.