Quoted in Law360 – Ex-L’Oreal Atty Faces Tough Road in Wrongful Firing Case

Michael E. McCabe, Jr.Legal Ethics, PTO Ethics Rules, Quotes, Speaking Engagements

Michael E. McCabe, Jr. was quoted in IP Law360 and Legal Ethics 360 in their lead article published on July 31, 2017, entitled  “Ex-L’Oreal Atty Faces Tough Road in Wrongful Firing Case” (by Andrew Strickler) (sub req’d).  The Law360 article addresses the ramifications of the Third Circuit’s decision in Steven Trzsaka v. L’Oreal USA Inc., Case No. 15-3810 (3rd Cir. July 25, 2017), a 2-1 decision finding that a patent attorney’s complaint for retaliatory discharge was sufficiently pled to survive Rule 12(b)(6).  The complaint alleged that L’Oreal fired a patent attorney because the attorney allegedly refused to meet a company-wide “quota” of filing 40 new patent applications per year.  The attorney objected to the quota, asserting that he believed the patent applications were for weak inventions and that to file such patent applications violated the USPTO’s Rules of Professional Conduct.  The case was remanded to the district court for further proceedings.