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, Chair Legal Ethics and Malpractice Group
HWG
Ms. Richardson’s practice focuses on legal ethics and professional responsibility matters, white collar defense,... | Read More
Ms. Richardson’s practice focuses on legal ethics and professional responsibility matters, white collar defense, and complex commercial litigation. She counsels and represents lawyers and law firms in disciplinary investigations and prosecutions, as well as malpractice matters. Ms. Richardson’s disciplinary experience includes matters before multiple state bars, the USPTO’s Office of Enrollment and Discipline, and the Office of Professional Responsibility. She has represented individual lawyers and law firms in high stakes arbitrations related to partner departures and also counsels and advises lawyers and law firms in partner admissions and departures and law firm dissolutions. Ms. Richardson teaches legal ethics and professional responsibility at Duke University School of Law and Georgetown Law.
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