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

Michael E. McCabe, Jr.ITC SanctionsLeave a Comment

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