New IP Ethics CLE: A Look at the USPTO’s Focus on Declarations

Michael E. McCabe, Jr.Ethics CLE, IP Ethics CLE, Patent Agent Ethics, Patent Ethics CLE, Trademark ethics, Unauthorized Practice of Law, USPTO Ethics Investigation, USPTO OED, USPTO Rules of Professional ConductLeave a Comment

On Monday, June 1, 2020, I will be moderating an ethics webinar panel discussion on behalf of the ABA’s Intellectual Property Law Section (for which I serve as Chair of the Ethics and Professional Responsibility Committee). The webinar is entitled “A Look at the USPTO’s Focus on Declarations” and will focus on ethics issues relating to signature practices on trademark … Read More

Attorneys’ Ethical Duties When Representing Clients With Diminished Capacity

Michael E. McCabe, Jr.Attorney Mental Health, Attorney Wellness, Attorneys and Addiction, Legal Ethics, Legal Malpractice, Litigation Ethics, MalpracticeLeave a Comment

These days, it’s good to be a trusts and estates lawyer. While the rest of legal field is scrambling to figure out how to survive the next few weeks and months with little new business coming in and much existing business on hold, attorneys who represent the elderly and infirm report a boom in business. Everyone, it seems, is feeling … Read More

Quandries and Quagmires: Legal Ethics, Risk Management in Pandemic

Michael E. McCabe, Jr.Attorney Internet Scams, Attorney Mental Health, Civility/Professionalism, Coronavirus ethics, IP Ethics, Legal Ethics, Legal Malpractice, ProfessionalismLeave a Comment

by Charles Lundberg, Esq. Reprinted with permission. Published March 30, 2020 in Minnesota Lawyer. In a span of less than two weeks, the coronavirus outbreak has caused unprecedented disruption in law firms and created a host of new issues for firm general counsel and ethics partners. Here is a sampling of new ethics and risk management issues that have arisen … Read More

Mixing Inventor And Patent Prosecutor Intent To Deceive: CleanTech Muddies Inequitable Conduct Law

Michael E. McCabe, Jr.Duty of Candor, Inequitable Conduct, IP Ethics, Patent EthicsLeave a Comment

Inequitable conduct is supposed to be personal to each individual who owes a duty of disclosure to the USPTO. Thus, just because an inventor may have knowingly and intentionally lied to the USPTO does not mean that prosecution counsel did so as well. Indeed, most prosecutors are in a position where they must rely upon the apparent veracity of their … Read More

Quoted in Law360: “$32M Dentons Verdict Could Put Vereins In The Crosshairs”

Michael E. McCabe, Jr.Conflicts of Interest, IP Litigation Malpractice, IP Litigation Sanctions, IP Malpractice, ITC Sanctions, Legal Ethics, Litigation Ethics, Litigation Ethics, Malpractice, trademark malpracticeLeave a Comment

On February 25, 2020, Michael E. McCabe, Jr. was quoted in Law360 (including the lead story in IP360 and Legal Ethics360), in an article entitled “$32M Dentons Verdict Could Put Vereins in the Crosshairs“ by Aebra Coe. The Law360 article addresses the ethical risks of the Swiss verein structure as it relates to conflicts of interest. The case involved a … Read More

The Curious Case of the Twerking BigLaw Attorney

Michael E. McCabe, Jr.Civility/Professionalism, Legal Ethics, Litigation Ethics, ProfessionalismLeave a Comment

From the now-I’ve-heard-everything category, there is this: A plaintiff in a federal action claims that during the course of a mediation of her employment discrimination case, counsel for the defense–a partner with a major international law firm– allegedly “shook his butt” at plaintiff’s counsel while uttering profanity. Plaintiff demands sanctions of $7,000 for the alleged, er, exposure. For its part, … Read More

USPTO Requires Patent Bar Applicants To Disclose Expunged Or Diverted Criminal Records

Michael E. McCabe, Jr.Patent Ethics2 Comments

While in college, Joe Varsity is arrested for public intoxication. Joe pleads no contest, and the charge is dismissed after he completes an alcohol education class. Joe’s conviction is later expunged (or erased). Under the laws where Joe’s arrest occurred, “any person who shall have been the subject of such an erasure shall be deemed to have never been arrested … Read More