An ethics blog for IP attorneys

Reducing Stress and Avoiding Mistakes in the Post-COVID-19 Era: A Must Attend Webinar for All Attorneys and Law Students

By Michael E. McCabe, Jr. | June 17, 2020

The Covid-19 pandemic and very recent societal upheaval have caused unprecedented times of stress and fear throughout all ranks of the legal profession. These difficult times have especially hit hard those who are in law school and are in the earliest phases of their professional careers. On June 18, 2020, at 1:00 pm ET, a […]

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New IP Ethics CLE: A Look at the USPTO’s Focus on Declarations

By Michael E. McCabe, Jr. | May 28, 2020

On Monday, June 1, 2020, I will be moderating an ethics webinar panel discussion on behalf of the ABA’s Intellectual Property Law Section (for which I serve as Chair of the Ethics and Professional Responsibility Committee). The webinar is entitled “A Look at the USPTO’s Focus on Declarations” and will focus on ethics issues relating […]

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Attorneys’ Ethical Duties When Representing Clients With Diminished Capacity

By Michael E. McCabe, Jr. | May 14, 2020

These days, it’s good to be a trusts and estates lawyer. While the rest of legal field is scrambling to figure out how to survive the next few weeks and months with little new business coming in and much existing business on hold, attorneys who represent the elderly and infirm report a boom in business. […]

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OED Warns Patent Agents: Stay In Your Lane

By Michael E. McCabe, Jr. | May 1, 2020

OED Warns Patent Agents: Stay In Your Lane

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Quandries and Quagmires: Legal Ethics, Risk Management in Pandemic

By Michael E. McCabe, Jr. | April 1, 2020

by Charles Lundberg, Esq. Reprinted with permission. Published March 30, 2020 in Minnesota Lawyer. In a span of less than two weeks, the coronavirus outbreak has caused unprecedented disruption in law firms and created a host of new issues for firm general counsel and ethics partners. Here is a sampling of new ethics and risk […]

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Mixing Inventor And Patent Prosecutor Intent To Deceive: CleanTech Muddies Inequitable Conduct Law

By Michael E. McCabe, Jr. | March 5, 2020

Inequitable conduct is supposed to be personal to each individual who owes a duty of disclosure to the USPTO. Thus, just because an inventor may have knowingly and intentionally lied to the USPTO does not mean that prosecution counsel did so as well. Indeed, most prosecutors are in a position where they must rely upon […]

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Quoted in Law360: “$32M Dentons Verdict Could Put Vereins In The Crosshairs”

By Michael E. McCabe, Jr. | February 26, 2020

On February 25, 2020, Michael E. McCabe, Jr. was quoted in Law360 (including the lead story in IP360 and Legal Ethics360), in an article entitled “$32M Dentons Verdict Could Put Vereins in the Crosshairs“ by Aebra Coe. The Law360 article addresses the ethical risks of the Swiss verein structure as it relates to conflicts of […]

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The Curious Case of the Twerking BigLaw Attorney

By Michael E. McCabe, Jr. | February 21, 2020

From the now-I’ve-heard-everything category, there is this: A plaintiff in a federal action claims that during the course of a mediation of her employment discrimination case, counsel for the defense–a partner with a major international law firm– allegedly “shook his butt” at plaintiff’s counsel while uttering profanity. Plaintiff demands sanctions of $7,000 for the alleged, […]

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USPTO Requires Patent Bar Applicants To Disclose Expunged Or Diverted Criminal Records

By Michael E. McCabe, Jr. | February 12, 2020

While in college, Joe Varsity is arrested for public intoxication. Joe pleads no contest, and the charge is dismissed after he completes an alcohol education class. Joe’s conviction is later expunged (or erased). Under the laws where Joe’s arrest occurred, “any person who shall have been the subject of such an erasure shall be deemed […]

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Avoiding USPTO Discipline: Five Recommendations for IP Practitioners

By Michael E. McCabe, Jr. | July 11, 2019

The USPTO’s Office of Enrollment and Discipline (OED) exists, in large part, to ensure that patent and trademark practitioner are practicing ethically and in accordance with the Office’s Rules of Professional Conduct.  The OED’s staff includes a dozen attorneys, many of whom have practical experience in the area of IP law.  Whether you have been […]

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