Client Funds

PTAB And District Court Litigators Risk USPTO Ethical Discipline For Protective Order Violations

In patent litigation, one of the first orders of business is entry of a protective order protecting the participant’s confidential information. While protective orders come in all shapes and sizes, such orders uniformly prohibit a receiving party from disclosing a producing party’s confidential information except to a limited universe of defined individuals. In addition, a […]

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Mission Impassable: Moral Character Can Block Applicants From USPTO Bar Membership

The Wolf: “Just because you are a character doesn’t mean that you have character.” – Pulp Fiction So you say you want to become registered to practice before the USPTO? You possess all the requisite technical skills. You did well in law school. You recently passed the Patent Bar Exam with flying colors. Congratulations. So

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The OED Redemption: Director Expediting Petitions To Reinstate Suspended Practitioners

It is not necessarily an easy feat for a suspended lawyer to become readmitted to the Bar.  Some jurisdictions prohibit a suspended lawyer from even entering into a law firm.  In other jurisdictions, a suspended lawyer may work as a paralegal subject to numerous restrictions and conditions.   For lawyers who have practiced for many

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IPO Hosting Webinar on Conflicts of Interest in Patent Prosecution

On Wednesday, February 10, 2016, at 2:00 PM EST, I will be participating in a webinar hosted by IPO Chat Channel  on Conflicts of Interest in Patent Prosecution in light of the recent decision of the Massachusetts Supreme Court in Maling v. Finnegan, Henderson.  In Maling, a case of first impression, the court rejected the

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Lawyer Who Photoshopped Self Into Celebrity Photos Posted On Firm Website Suspended For Deceptive Advertising

“You are known by the company you keep” – Aesop’s Fables As lawyers, we are often judged by prospective clients based upon the quality of our past or existing clients.  If you represent a large, rich, powerful corporation, the message that sends to a prospective client is – if he or she is good enough

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Attorneys At Grave Risk For Online Fraud: LinkedIn Meets The Nigerian Letter Scam

On Christmas Eve, I received quite an unexpected surprise–an unsolicited invitation to become a “LinkedIn” connection with none other than Harry S. Truman.  Holy cow!  After all, it isn’t every day that I am honored to network with a former Commander in Chief of the Armed Forces of the United States of America. Now, I must admit

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Mass. Sup. Ct. Rules In Favor Of Finnegan, Henderson In Subject Matter Conflicts Malpractice Case

On December 23, 2015, the Massachusetts Supreme Judicial Court issued an opinion dismissing a malpractice complaint filed against an IP law firm for failure to state a claim.  See Maling v. Finnegan, Henderson, Farabow, Garrett & Dunner, LLP.  A copy of the Massachusetts SJC’s opinion is here.  For our previous discussions about the facts and procedural

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Accounting 102 Course for Lawyers

A common theme in attorney discipline cases is the lawyer’s failure to properly handle client funds. Law school, unfortunately, teaches lawyers-to-be little if anything about basic accounting principles or financial record-keeping. Lawyers owe a fiduciary duty to their clients which includes proper handling and documenting their money. For those interested in getting a basic understanding

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