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

All In The Family: The Tricky Ethics Of Corporate Affiliate Conflicts

Michael E. McCabe, Jr.Conflicts of Interest, Disqualification, IP Ethics, Litigation Ethics, Litigation Ethics, Patent Litigation EthicsLeave a Comment

If you represent a corporation, do you represent all entities in the corporate family? For example, if you represent a parent company, does that mean you also represent the parent’s subsidiaries? Does it matter if a subsidiary is wholly-owned vs. partially owned? How about if you represent a subsidiary–does that mean you also represent its parent or grandparent entity in … Read More

CAFC Sanctions Patent Atty For Frivolous Appeal; Is USPTO Discipline Next?

Michael E. McCabe, Jr.District Court Litigation, IP Litigation Sanctions, Litigation Ethics, Patent Ethics, Patent Litigation EthicsLeave a Comment

The Federal Circuit on Friday affirmed a district court’s order imposing sanctions against a Colorado patent attorney and his patentee client for vexatious litigation.  Doubling down, the Federal Circuit imposed its own sanctions for what it says was a frivolous appeal.  See Walker v. Health International Corp., No. 15-1676 (Fed. Cir. Jan. 6, 2017).  The CAFC’s ruling opens the door to a possible ethics … Read More

Lawyer’s Courtroom Antics Draw One-Year Suspension; Bar Rejects “Stress of Litigation” Defense

Michael E. McCabe, Jr.Discipline, Litigation EthicsLeave a Comment

A Washington State lawyer was suspended for one year following multiple instances of courtroom misbehavior and making a false report to the police.  See In re Kathryn B. Abele, Wash. Sup. Ct. (Aug. 27, 2015) (en banc). The string of misconduct began during a 13-day trial involving a contentious child custody dispute. During the trial, the lawyer was repeatedly admonished … Read More