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

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

Federal Court DQs Law Firm in Patent Infringement Case, Rejecting Advance Conflict Waiver

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

A federal court in Alabama yesterday disqualified a law firm from representing a new client in a patent infringement case against a current firm client. In Southern Visions, LLP v. Red Diamond, Inc. (N.D. Ala. Feb. 26, 2019), the court held that Bradley Arant Boult Cummings (“Bradley”) was ethically barred from representing one client (Southern Visions) against another client (Red … 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

Intellectual Ventures Prevails In Capital One Antitrust Suit

Michael E. McCabe, Jr.Antitrust litigation, District Court Litigation, Litigation Ethics, Patent litigation, Patent Litigation EthicsLeave a Comment

On Friday, a Maryland federal judge granted summary judgment in favor of Intellectual Ventures on Capital One’s claims that IV’s acquisition and enforcement of patents relating to banking services violated U.S. antitrust law.  In a 53-page memorandum Opinion, Judge Paul W. Grimm found that IV’s conduct in obtaining and enforcing its patents was immune from antitrust liability based on the … Read More

Sue-And-Settle NPE Patent Litigation Tactics May Violate USPTO Ethics Rules

Michael E. McCabe, Jr.Litigation Ethics, Office of Enrollment and Discipline, Patent Ethics, Patent Litigation Ethics, USPTO Ethics Investigation5 Comments

Non-practicing entities who engage in a pattern of filing numerous lawsuits without any intention of testing the merits, solely to extract low ball settlements, should take note that the USPTO’s Office of Enrollment and Discipline (OED) takes a keen interest in such conduct.  A recent “exceptional case” decision in a patent case from federal court in California should give pause … Read More

Untying The IP Ethics Knot

Michael E. McCabe, Jr.Continuing Legal Education, IP Ethics, Legal Ethics, Litigation Ethics, MalpracticeLeave a Comment

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, entitled “Identifying and Resolving Ethical … Read More