On Friday, August 30, 2018, the California Supreme Court ruled that a blanket advanced conflict waiver signed by two current clients, which purported to authorize lawyers from Sheppard Mullin to accept an unrelated representation of one client adverse to another, was void against public policy because the firm failed to obtain informed consent. Even though […]
You are sitting at your desk when the phone rings. It’s a head hunter. The caller tells you about an amazing opportunity with another firm across town. That call starts a series of calls and meetings. Eventually, the new firm offers you a position. There are, however, two strings attached. First, the new firm expects
Don’t Let The Screen Door Hit You: The Ethics Of Switching Firms Read More »
For federal court practitioners, sanctions have long existed as a deterrent to litigation misconduct and a weapon against gamesmanship. The federal rules of civil procedure provide a range of tools for litigators who believe their opponents are not abiding by their obligations: Rule 11 checks improper pleadings and other court filings; Rules 26, 30 and
Putting Teeth Into The PTAB’s Sanctioning Powers: Is Mohawk A Sign Of Things To Come? Read More »
It is commonplace for IP law firms in the United States to receive referrals for patent and trademark application filing, prosecution, and related services from sources other than the actual client. In one of the most common scenarios, patent and trademark services are directed to a U.S. IP law firm through an intermediary, such as
Are Your Firm’s Foreign Associate Practices Ethical? Read More »
Greenberg Traurig has apparently decided that discretion is the better part of valor. The law firm has agreed voluntarily to withdraw as counsel from a litigation rather than face a disqualification motion in which it was charged with a conflict of interest for trying to invalidate patents it helped prosecute. We previously reported here that
Greenberg Traurig Avoids Former Client’s DQ Motion By Consenting To Withdrawal Read More »
Once upon a time, John Steele, the founder of the law firm formally known as Prenda Law, believed he had found the perfect recipe for a successful niche copyright law practice. First, monitor certain file-sharing websites containing porn and obtain the IP addresses of individuals who downloaded or attempted to download said porn. Next, file
Atty’s Final Act For Porn Film Copyright Shakedown Scheme: Disbarment Read More »
It is Ethics 101 that a law firm cannot use its former client’s confidential information in a substantially related matter on behalf of a different client directly adverse to the former client, at least not without the former client’s informed consent. The reason for this common sense rule, which prohibits “side-switching,” is that a lawyer’s
New Lawsuit Accuses IP Counsel Of Attacking Same Patents It Prosecuted Read More »
Do you worry about ethics in your IP practice? If not, you should. There is way too much going on out there, and not knowing what is happening can leave you exposed to ethics and malpractice risk. If you can spare 90 minutes, tune in tomorrow from 1:00-2:30 pm EST for the ABA-IPL Landslide Webinar Series,
Untying The IP Ethics Knot Read More »
