USPTO Reciprocally Excludes Patent Lawyer Based On State Court Disbarment

On July 15, 2015, the USPTO Director entered an order excluding Richard Polidi from practice before the Office.  The USPTO Director’s disciplinary action came after the Director of the Office of Enrollment and Discipline (OED) filed a complaint for reciprocal discipline predicated on Mr. Polidi’s disbarment from State Bar of North Carolina. Based on public documents filed

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Law Firm Ethics Counsel Provide Risk Management Tips

During the July 31, 2015, semi-annual meeting of the Association of Professional Responsibility Lawyers in Chicago, a panel of APRL attorneys who serve as their law firm’s internal ethics counsel discussed some of the common dilemmas and issue they face in their daily practice of representing their law firm client. The issues addressed during this sesssion

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OED Discipline For IP Practitioners Who Use “Snitch” Threats For Tactical Gain

  “You’re building a rat ship here. A vessel for seagoing snitches” – Al Pacino, Scent of a Woman You represent a patentee in a highly contentious litigation against an accused infringer.  The parties hate each other, and the gloves came off months ago–if they were ever on in the first place. Then extraordinarily you

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The “Rat Rule” And USPTO Discipline – Reporting Ethical Violations To OED (Part 1)

“Never rat out your friends. And always keep your mouth shut.” – Robert De Niro, GoodFellas I am of Sicilian ancestry, raised in an Italian household in an Italian neighborhood in Brooklyn.  Despite this upbringing, it was not until I was an adult when I first learned about the “Code of Silence” known as “omertà.”

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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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