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.

Trademark Alert

USPTO Announces Requirement for Support Staff to Obtain Identity Verification

Trademark ethics / By

On September 5, 2023, the USPTO announced in a Federal Register Notice that all non-attorney support staff would be required, beginning on January 20, 2024, to verify their identity to access the USPTO’s Trademark Electronic Application System (“TEAS”).  This follows multiple changes in July 2022 and October 2023 to the USPTO’s Trademark Verified USPTO.gov Account […]

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Lady lawyer

Departing Ethically – 5 Things IP Lawyers and Law Firms Should Evaluate When Transitioning Firms

IP Ethics / By

Lawyers no longer stay at one firm their entire career.  Some may desire to leave a firm to join another firm, while other may choose to transition to a role in government, in-house, non-profit, or even retire.  What is extremely clear under the ethics rules is that lawyers have a right to leave, and the

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USPTO Reminds Patent Practitioners Regarding Their Duty Of Disclosure Obligations (And Inequitable Conduct)

Inequitable Conduct, Duty of Candor / By

When I tell my law students about their future fiduciary duties to clients, I sum them up as loyalty and confidentiality,  but that is not the whole story.  This is because lawyers have other enumerated duties to clients, courts, and the profession as a whole. However, patent attorneys have another duty that could be correlated

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Federal District Court dismisses claims against the USPTO by former Patent Examiner refused Registration to Practice

USPTO Director Decisions / By

Co-Authored by Aditi Kulkarni and Emil J. Ali On April 26, 2022, The United States District Court for the Eastern District Court of Virginia dismissed a former patent examiner’s complaint and petition for review of the USPTO’s decision denying an application for registration to practice as a registered patent agent in a reasoned decision. The

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Why Did A Business And Personal Injury Lawyer Get Reprimanded By OED?

Reciprocal Discipline / By

The Pape Malick Indiss Djiba case is a fresh reminder to unsuspecting lawyers of the expanding jurisdiction of OED, including the ability of them to engage in reciprocal discipline, and the requirement for practitioners to self-report the imposition of discipline in other jurisdictions.   According to public advertisements, Mr. Djiba is a Texas attorney with

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Non-Lawyer Ownership Of IP Firms: What Practitioners Need To Know

Unauthorized Practice of Law, Fee-Splitting / By

For many years, I have had countless communications with patent and trademark lawyers regarding expanding their law firms through partnering with non-lawyers.  This might include working with patent agents, as well as venture capital firms.  Each of these, though have their own considerations, and are briefly discussed below.  These inquiries for ethics advice have only

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