When a practitioner receives a Request for Information from the USPTO’s Office of Enrollment and Discipline (OED), the natural reaction might be panic, dread, or a desire to hide under the covers. But a recent Initial Decision on Default Judgment—Proceeding No. D2026-04 (issued October 6, 2026)—highlights a cardinal rule of ethics: the absolute worst response
An attorney’s suspension from the practice of law is not unlike a jail sentence. Not literally, of course. The suspended attorney is free to do anything they otherwise could do when they were not suspended, with the exception of practicing law. Many practitioners believe that once their suspension period has run its course, the practitioner is “released,” the suspension is automatically lifted, and
OED’s Increasing Delays In “Reviewing” Reinstatement Petitions Is Unfair Read More »
Attorneys who find themselves in the crosshairs of an ethics investigation or disciplinary proceeding face significant costs. When a lawyer receives a bar complaint, they typically focus on what it will cost to pay an attorney to represent them. But the true price of an ethics investigation involves much more than just lawyer fees. Lawyers
More Than Legal Fees: The True Price Of An Ethics Investigation For Lawyers Read More »
For any attorney, navigating conflicts of interest is a cornerstone of a solid legal practice. The fundamental rules are simple: you cannot represent one client if their interests are directly adverse to another client, or if your duties to a client would be materially limited by your duties to another current or former client, third
Obviously Not! Navigating Subject Matter Conflicts of Interest in Patent Law Read More »
Receiving a sanctions motion or an order to show cause (OSC) can be a jarring experience for any attorney. It’s a direct challenge to your professional reputation, and the instinct might be to defend yourself personally. However, recent publicly filed responses underscore the need to carefully craft responses that both protect your client and your
The Peril of Pro Se Responses: Why Attorneys Must Properly Respond to Sanctions Motions Read More »
Introduction On April 16, 2025, the U.S. Patent and Trademark Office (USPTO) announced a new Fraud Detection and Mitigation Working Group. The USPTO states that the working group is aimed at protecting the integrity of the patent system. In doing so, they also announced another change, the suspension of expedited examination for design patent applications,
USPTO’s New Fraud Squad – Concrete Steps or More of the Same? Read More »
McCabe & Ali is proud to have signed the amicus brief of Solo and Small Firm attorneys backing Perkins Coie’s challenge in the D.C. District Court to the Trump administration’s executive order targeting it. Our firm, and 333 others, have requested leave to file an amicus brief condemning the order stripping security clearances from and
McCabe & Ali Join Amicus Brief in Support of Perkins Coie Read More »
We’ve been tracking the burgeoning use of generative AI by patent and trademark lawyers, previously exploring its potential and pitfalls, including the use of AI before the TTAB, a warning about hallucination, and an IP lawyer’s guide to AI. However, we had yet to see the USPTO actually discipline an attorney for the use of
The Citation Snafu: Did A Practitioner Using AI Get Disciplined? Read More »
