Advanced Conflict Of Interest Waivers: Tricks Or Treats? (Part 2)

Michael E. McCabe, Jr.Conflicts of InterestLeave a Comment

Guessing wrong about the enforceability of an advanced conflict waiver could lead to unexpectedly bad consequences.  One doomsday scenario is illustrated by a recent California immediate appellate court decision in the case of Sheppard, Mullin, Richter & Hampton, LLP v. J-M Manufacturing, 244 Cal.App.4th 590 (2016). Sheppard Mullin represented J-M Manufacturing (“J-M”) in a Qui Tam litigation.  The Qui Tam action alleged … Read More

Advanced Conflict Of Interest Waivers: Tricks Or Treats?

Michael E. McCabe, Jr.Conflicts of InterestLeave a Comment

Halloween is upon us.  We put out the candy bowl and wait for the tiny ballerinas, ghosts, and football players to ring the doorbell and shout “trick or treat.”  Despite the seemingly optional “or” language in the request, traditionally the kids will always get the treat. Law firms also prefer “treats” in the form of new business.  Yet sometimes firms … 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

“Rising Star” Falls For Suspended Trademark Attorney

Michael E. McCabe, Jr.Conflicts of Interest, IP Ethics, PTO Ethics Rules, Trademark, USPTO Director DecisionsLeave a Comment

By all accounts, Jeremy Blackowicz is a fine trademark attorney with a long and bright future ahead. According to a recent version of his law firm’s website, Mr. Blackowicz was an associate in the Boston, Massachusetts intellectual property department of Day Pitney, LLP.  According to the firm’s website, Mr. Blackowicz, a 2001 graduate of Boston University School of Law, has been recognized … Read More