Can IP Litigation Counsel Be Jointly Liable Or Ethically Disciplined For Their Clients’ Intentional Destruction Of Evidence?

Michael E. McCabe, Jr.ITC Sanctions0 Comments

On October 29, 2014, ALJ Thomas B. Pender issued an order in Certain Opaque Polymers (Inv. No. 337-TA-883) granting a default judgment of trade secret misappropriation as a sanction for the respondent’s spoliation of electronic evidence and imposing sanctions of $1.9 million against the respondent and its counsel.  The joint liability determination raises troubling legal issues regarding the propriety of joint and several liability … Read More