Patent Prosecution Malpractice: Minimizing the Risk of Claims
Recognizing and Eliminating Problem Behavior, Identifying Client Conflicts, Court Treatment
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will guide patent counsel on minimizing the risk of malpractice claims in patent prosecution. The panel will examine common pitfalls and problematic behavior as well as how the courts have dealt with recent malpractice claims in the patent context.
Outline
- Key issues in a malpractice case, including causation
- Problem behavior and common pitfalls
- Court treatment
- Damages
- Best practices to minimize the risk of malpractice claims
- Conflicts checks
- Intake process
- Termination letters
- Firm culture
- Insurance
Benefits
The panel will review these and other important issues:
- What behavior could be problematic and put patent counsel at risk of malpractice claims?
- How does patent law representation differ from most other matters in terms of malpractice claims?
- What steps can patent counsel take to minimize the risk of malpractice claims?
Faculty
Michael E. McCabe, Jr.
Managing Partner
McCabe Ali
Mr. McCabe is a registered patent attorney with 20 years of experience representing foreign and domestic entities and... | Read More
Mr. McCabe is a registered patent attorney with 20 years of experience representing foreign and domestic entities and individuals across a wide array of technologies in patent and trademark matters before the federal courts and the USPTO. He also represents practitioners involved in claims of professional misconduct, attorney discipline, and ethics matters before the Office of Enrollment and Discipline of the USPTO and the state bars of Maryland, Virginia and the District of Columbia. Mr. McCabe is a former adjunct professor of law at George Mason University School of Law.
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Amy E. Richardson
Partner
HWG
Ms. Richardson serves as Co-Chair of the Firm’s Legal Ethics and Malpractice Group. She focuses her practice on... | Read More
Ms. Richardson serves as Co-Chair of the Firm’s Legal Ethics and Malpractice Group. She focuses her practice on legal ethics and malpractice, complex civil litigation, and government enforcement actions. Ms. Richardson counsels and represents lawyers and law firms in disciplinary investigations and prosecutions and malpractice matters. Her disciplinary experience includes matters before the USPTO’s Office of Enrollment and Discipline (OED) and the Office of Professional Responsibility (OPR). She counsels and advises lawyers and law firms in partner admissions and departures, and law firm dissolutions. Ms. Richardson also handles complex civil cases in federal court, state court, and in arbitration proceedings throughout the U.S. She is experienced at handling matters through all stages of litigation. Ms. Richardson works closely with the firm’s telecommunications practice in cases involving the communications-technology industry. Ms. Richardson teaches ethics and professional responsibility at the Georgetown University Law Center and is the Ethics Chair for the North Carolina Bar Association’s Litigation Council.
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