Michael E. McCabe, Jr.

Drunk Driving Can Lead To Professional Discipline

The Bar cares when you’ve stayed too long at the bar. Attorneys need to be mindful that a conviction for drunk driving may impact their ability to practice law. Practitioners who are subject to the disciplinary jurisdiction of the USPTO, for example, must advise the Office of Enrollment and Discipline within 30 days of any criminal

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The Ethics of Independence

“Everything that is really great and inspiring is created by the individual who can labor in freedom” – Albert Einstein As we prepare to celebrate the birthday of our country’s independence, I am reminded that we, as lawyers, owe a significant ethical duty to exercise independence in the representation of our clients.  As an attorney,

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APRL Clarifies Advertising Report Did Not “Slam” Current Ethics Rules

As reported last week, on June 22, 2015, following a two-year study, the Association of Professional Responsibility Lawyers (“APRL”) Board approved publication of the Report of APRL’s Lawyer Advertising Committee.  As explained on the APRL website, “The Report recommends extensive revisions to lawyer advertising rules so they are compatible with modern electronic means of communication. The

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Report Slams Ethics Rules on Attorney Advertising As “Outdated” And “Unworkable”

“It is long past time for rationality and uniformity to be brought to the regulation of lawyer advertising,” says the Association of Professional Responsibility Lawyers (APRL) in a comprehensive report released June 22, 2015.  The report, which was authored by the APRL’s Regulation of Lawyer Advertising Committee, is the culmination of a two-year study of the ABA Model Rules

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District Court Tells IP Firm “Don’t Ask Alice,”Confirms $8 Million Malpractice Award For Bungling Patent Application

A federal judge in New York rejected an intellectual property firm’s attempt to rely on the Supreme Court’s 2014 Alice decision as grounds to set aside a jury’s multi-million dollar verdict for mishandling a client’s patent application.  In denying post-trial motions, U.S. District Judge Pamela Chen ruled that Virginia law firm Antonelli Terry Sout & Kraus LLP forfeited

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OED Asserts Allowing Someone Else To Type In Your S-Signature On USPTO Documents Is Unethical

A lawyer’s signature on a document filed in the USPTO represents that, to the best of the signor’s knowledge, formed after a reasonable inquiry,  the paper is not being presented for an improper purpose; the claims and other legal contentions are warranted by law; the allegations of fact have evidentiary support; and the denials of

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IP Litigators Beware: Bad News May Be Hazardous To Your Law License (Part 2 of 2)

Bad news on the doorstep.  I couldn’t take one more step.  Don McLean – American Pie In the last year, many “bad news” articles have been published arising from IP litigation. Not surprisingly, a growing number of those articles have been based on exceptional case findings and awards of attorneys’ fees under the Octane Fitness

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IP Litigators Beware: Bad News May Be Hazardous To Your Law License (Part 1 of 2)

Many years ago, before Al Gore invented the internet and teenagers rode their bicycles before dawn, their palms black with ink, to deliver “the paper,” science fiction novelist Douglas Adams observed, “Nothing travels faster than the speed of light with the possible exception of bad news, which obeys its own special laws.”  Truer words today could not be

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