Disciplinary Actions Rise Against Lawyers Who Commit Acts of Domestic Violence: Know The Warning Signs

Michael E. McCabe, Jr.Attorney Domestic Violence, Discipline, Moral turpitide0 Comments

The statistics of reported cases of domestic violence are stunning.  According to the National Coalition Against Domestic Violence (NCADV), 1 in 3 adult women and 1 in 4 adult men have been victims of some form of physical violence by an intimate partner.  Moreover, 1 in 4 women have been victims of “severe physical violence by an intimate partner” in their … Read More

New USPTO Discipline Search Engine Added To IPethics & INsights

Michael E. McCabe, Jr.USPTO Decisions, USPTO Director Decisions, USPTO OED0 Comments

I am pleased to announce the addition of a new family member to this Blog: A USPTO disciplinary decision search engine and reader-friendly digest of USPTO disciplinary decisions. This feature can be found by clicking here or on the “PTO Discipline” tab beneath the IPethics & INsights banner. Why A Search Engine Why go through this effort?  It all stems … Read More

Failure To Communicate No. 1 Cause Of USPTO Attorney Discipline

Michael E. McCabe, Jr.Communications, Diligence, Discipline, Failure to Communicate, Patent Ethics0 Comments

At the risk of sounding like a broken record, since it is the New Year I thought it would be helpful to remind you all, again, of what is in my opinion the First Commandment of Ethics:  Thou Shalt Communicate With Thy Clients. Seriously.  Clients do not like to be ignored by their attorneys.  This means that when they call … Read More

A Bottle of White? A Bottle of Red? Perhaps a One-Year Suspension Instead

Michael E. McCabe, Jr.Criminal Conviction, Deceit, Dishonesty, Fraud, Misrepresentations, Moral turpitide, USPTO OED0 Comments

Attorney Rodger Moore enjoys a good bottle of wine.  Evidently, his budget does not. After scamming his local grocery store for years by switching prices on expensive wines for a cheaper variety, Mr. Moore is now paying a hefty price–with his law license. Mr. Moore became licensed to practice law in 2001.  His ethics problems started almost immediately thereafter. In … Read More

5 Myths About USPTO Ethics Investigations and Disciplinary Complaints

Michael E. McCabe, Jr.Patent Ethics, USPTO Ethics Investigation, USPTO OED0 Comments

Many IP practitioners are misinformed about the function of the USPTO’s Office of Enrollment and Discipline (OED). Here are the top 5 myths about OED ethics investigations and attorney discipline at the USPTO. Myth #1 – The OED Only Cares About Practice Before the USPTO There is a perception that the USPTO only cares about enforcing its ethics rules in … Read More

USPTO Director Reverses ALJ In Disciplinary Case, Rules In Favor Of Attorney

Michael E. McCabe, Jr.Patent Ethics, USPTO Director Decisions, USPTO OED0 Comments

On August 5, 2016, the USPTO Director issued a Final Order reversing an administrative law judge’s initial decision, which had suspended a practitioner for 18 months. The Final Order held the OED Director violated USPTO precedent and mandatory rules regarding reciprocal discipline—37 C.F.R. § 11.24.  The Final Order is significant because it not only confirms the mandatory nature of reciprocal discipline, … Read More

PTAB Awards Attorneys’ Fees As Sanction For Protective Order Violation

Michael E. McCabe, Jr.OED, Office of Enrollment and Discipline, Patent Ethics, PTAB Sanctions0 Comments

On July 1, 2016, the Patent Trial and Appeal Board in RPX Corp. v. Applications in Internet Time LLC, IPR2015-01750, 01751 & 01752, ordered patent owner Applications in Internet Time (AIT) to pay petitioner RPX Corp. $13,500 in attorney’s fees as a sanction for violating the Board’s protective order.  The Board found sanctions were warranted because AIT  disclosed the confidential … Read More

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