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

EXTRA EXTRA: Attorney Abides By Rules Of Professional Conduct; No Discipline Imposed

Michael E. McCabe, Jr.Duty to Tribunal, IP Litigation Sanctions, Misrepresentations4 Comments

Attorney disciplinary matters involving illegal, immoral, incompetent, negligent, unprofessional, or unethical behavior by intellectual property practitioners are a frequent source of news in the IP media outlets. When an attorney does not violate the ethics rules, that fact, in and of itself, is rarely the subject of discussion. Then there are those rare occasions where an attorney’s adherence to the … Read More