Emil Ali

Emil J. Ali is a partner at McCabe & Ali, LLP where he focuses his practice on helping lawyers understand their obligations under state and federal law. As a registered patent attorney, a significant focus of his practice involves advising lawyers and law firms on all aspects of the intersection of IP and ethics matters. Emil’s work includes counseling clients on lateral transitions, malpractice avoidance, expert opinion and testimony, and respondent’s defense work before various bars and courts. Contact Emil J. Ali at emil@mccabeali.com, or Tel: (310) 596-1234.

subject matter conflict

Obviously Not! Navigating Subject Matter Conflicts of Interest in Patent Law

Conflicts of Interest / By

For any attorney, navigating conflicts of interest is a cornerstone of a solid legal practice. The fundamental rules are simple: you cannot represent one client if their interests are directly adverse to another client, or if your duties to a client would be materially limited by your duties to another current or former client, third […]

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The Peril of Pro Se Responses: Why Attorneys Must Properly Respond to Sanctions Motions

Patent Litigation Ethics / By

Receiving a sanctions motion or an order to show cause (OSC) can be a jarring experience for any attorney. It’s a direct challenge to your professional reputation, and the instinct might be to defend yourself personally. However, recent publicly filed responses underscore the need to carefully craft responses that both protect your client and your

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USPTO Fraud Squad

USPTO’s New Fraud Squad – Concrete Steps or More of the Same?

Design Patents / By

Introduction On April 16, 2025, the U.S. Patent and Trademark Office (USPTO) announced a new Fraud Detection and Mitigation Working Group.  The USPTO states that the working group is aimed at protecting the integrity of the patent system.  In doing so, they also announced another change, the suspension of expedited examination for design patent applications,

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AI discipline

The Citation Snafu: Did A Practitioner Using AI Get Disciplined?

Patent Ethics / By

We’ve been tracking the burgeoning use of generative AI by patent and trademark lawyers, previously exploring its potential and pitfalls, including the use of AI before the TTAB, a warning about hallucination, and an IP lawyer’s guide to AI.  However, we had yet to see the USPTO actually discipline an attorney for the use of

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Three Lessons from the USPTO’s Recent Disciplinary Decisions Regarding Working with Foreign Trademark Associates

Trademark ethics / By

From our previous posts, it is clear that, the United States Patent and Trademark Office (USPTO) has been increasing investigations and disciplinary actions against those who work with foreign trademark associates.  However, in today’s global economy, many clients demand global trademark and patent protection—so is it unethical for a U.S. Trademark Attorney to work with

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Patent bar

Navigating the Patent Bar: Understanding the OED’s Moral Character Evaluation

OED / By

Congratulations on passing the patent bar! While this is a significant achievement, the journey to becoming a registered patent agent or attorney isn’t quite over. The Office of Enrollment and Discipline (OED) plays a crucial role in ensuring that only individuals of good moral character are admitted to the patent bar. The OED evaluates applicants’

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The USPTO’s New Design Patent Bar: A Closer Look at the Numbers

Patent Ethics / By

On January 2, 2024, the United States Patent and Trademark Office (USPTO) introduced the “Design Patent Bar,” which was an expansion designed to encourage diversity.  As USPTO Director Kathi Vidal stated in the months leading up to the new offering, the design patent bar was one of the ways she was working to ensure “everybody

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