What Can Johnny Manziel Teach Lawyers About Ethics? (Plenty)

Michael E. McCabe, Jr.Alcoholism, Legal Ethics, Moral turpitide1 Comment

Part 1 of a 3-Part Series Ex-Cleveland Browns quarterback Johnny Manziel has been in the news a lot lately. And none of it has been good. The former Heisman Trophy winner and 2014 first round NFL draft pick was “much watch” sports TV for his prowess on the gridiron. His professional career, which began with such optimism just two seasons ago, … Read More

To Err Is Human – But Is It Unethical?

Michael E. McCabe, Jr.IP Ethics, PTO Ethics Decisions, USPTO OED1 Comment

“I made a wrong mistake” – Yogi Berra   Before his sentencing for orchestrating the largest Ponzi scheme in U.S. history, Bernie Madoff explained to the court he had “made a terrible mistake.”  To borrow a line from my 11-year old daughter: “No duh.” Madoff’s “mistake” led to a 150-year prison sentence. In bar disciplinary proceedings, the word “mistake” is … Read More

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

After the Protostorm – Court Restricts Intellectual Property Firm’s Spending Following $8 Million Malpractice Judgment

Michael E. McCabe, Jr.Malpractice, Patent Malpractice1 Comment

In the wake of a multi-million patent malpractice verdict against Antonelli Terry Stout & Kraus LLP, a federal judge has imposed “temporary” financial restrictions on the Virginia-based IP firm. Protostorm LLC et al. v. Antonelli Terry Stout & Kraus LLP, No. 1:08-cv-00931 (E.D.N.Y.) As discussed in our October 13, 2014 post, Protostorm LLC engaged the Antonelli firm to file a patent application on … Read More

The Perfect Protostorm: Jury Awards Startup $8 Million For Botched Patent Application

Michael E. McCabe, Jr.Failure to Communicate, Malpractice, Patent Litigation Ethics4 Comments

Most patent malpractice cases are the result of not a single error by one person, but a combination of errors, often involving multiple individuals. Such a combination of errors led to a Virginia intellectual property firm’s failure to file its client’s, Protostorm LLC’s, patent application. The end result: on October 10, 2014, a federal judge in New York entered a judgment … Read More