Greenberg Traurig Avoids Former Client’s DQ Motion By Consenting To Withdrawal

Michael E. McCabe, Jr.Confidentiality, Conflicts of Interest, IP EthicsLeave a Comment

Greenberg Traurig has apparently decided that discretion is the better part of valor.  The law firm has agreed voluntarily to withdraw as counsel from a litigation rather than face a disqualification motion in which it was charged with a conflict of interest for trying to invalidate patents it helped prosecute.  We previously reported here that Greenberg Traurig had “switched sides” … Read More

New Lawsuit Accuses IP Counsel Of Attacking Same Patents It Prosecuted

Michael E. McCabe, Jr.Confidentiality, Conflicts of Interest, IP Ethics1 Comment

It is Ethics 101 that a law firm cannot use its former client’s confidential information in a substantially related matter on behalf of a different client directly adverse to the former client, at least not without the former client’s informed consent.  The reason for this common sense rule, which prohibits “side-switching,” is that a lawyer’s duty of confidentiality extends beyond … Read More

IP Conflicts of Interest, Hot Potatoes, and “The Game of [Litigation] Life”

Michael E. McCabe, Jr.Conflicts of Interest, Copyright, District Court Litigation, IP EthicsLeave a Comment

“You will learn about life when you play The Game of Life” – original TV jingle for “The Game of Life” Plaintiffs, alleged owners of the IP rights to the “The Game of Life”, want to end up on Millionaire Estates.  Defendants, including the toy company that has been making and selling “The Game” for decades, are trying to keep … Read More

IPO Hosting Webinar on Conflicts of Interest in Patent Prosecution

Michael E. McCabe, Jr.Conflicts of Interest, Continuing Legal Education, Patent EthicsLeave a Comment

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 plaintiff’s argument that representing two … Read More