An attorney’s suspension from the practice of law is not unlike a jail sentence. Not literally, of course. The suspended attorney is free to do anything they otherwise could do when they were not suspended, with the exception of practicing law.
Many practitioners believe
IPethics & INsights
IPethics & Insights, published by McCabe Law LLC, focuses on ethical issues and professional responsibility challenges faced by intellectual property attorneys, particularly those practicing before the United States Patent and Trademark Office (USPTO). The blog covers topics such as conflicts of interest in patent law, attorney discipline and sanctions, USPTO disciplinary actions, ethical considerations in the use of artificial intelligence by IP lawyers, and regulatory developments affecting patent and trademark practitioners. It also addresses broader legal ethics concerns including pro hac vice admission, client confidentiality, and the impact of USPTO policies on practitioner conduct. The blog serves as a resource for navigating the complex intersection of IP law and legal ethics.
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Latest from IPethics & INsights
The High Cost of Attorney Discipline at The USPTO
Obviously Not! Navigating Subject Matter Conflicts of Interest in Patent Law
By Emil Ali
For any attorney, navigating conflicts of interest is a cornerstone of a solid legal practice. The fundamental rules are simple: you cannot represent one client if their interests are directly adverse to another client, or if your duties to a…
The Peril of Pro Se Responses: Why Attorneys Must Properly Respond to Sanctions Motions
By Emil Ali
Receiving a sanctions motion or an order to show cause (OSC) can be a jarring experience for any attorney. It’s a direct challenge to your professional reputation, and the instinct might be to defend yourself personally. However, recent publicly filed…
USPTO’s New Fraud Squad – Concrete Steps or More of the Same?
By Emil Ali
Introduction
On April 16, 2025, the U.S. Patent and Trademark Office (USPTO) announced a new Fraud Detection and Mitigation Working Group. The USPTO states that the working group is aimed at protecting the integrity of the patent system. In…
McCabe & Ali Join Amicus Brief in Support of Perkins Coie
McCabe & Ali is proud to have signed the amicus brief of Solo and Small Firm attorneys backing Perkins Coie’s challenge in the D.C. District Court to the Trump administration’s executive order targeting it. Our firm, and 333 others, have…
The Citation Snafu: Did A Practitioner Using AI Get Disciplined?
By Emil Ali
We’ve been tracking the burgeoning use of generative AI by patent and trademark lawyers, previously exploring its potential and pitfalls, including the use of AI before the TTAB, a warning about hallucination, and an IP lawyer’s guide to…
Are You High or Just Hallucinating? AI Gets Lawyers in Trouble
When ChatGPT went live in late 2022, lawyers were some of the first to buy into its potential. Don’t like to do research? No prob; AI has you covered.
Not the best writer on the block? No sweat, let AI…
Who Is Being Considered For Next USPTO Director? One BigLaw Partner Whose Name Is Being Floated At Mar-A-Lago
IP Practitioners are anxiously awaiting news on who will the incoming Trump administration selection to replace Kathi Vidal as Director of the USPTO. And while many fine candidates are sure to emerge in the conversation, sources indicate that one name…
Did Those Young Rascals Use AI Before the USPTO?
By Emil Ali
Earlier this year, in Dino Danelli and Edward Brigati v. Beata Music LLC, Opposition No. 91249965 (March 29, 2024) (not precedential), the Board issued a 55-page opinion sustaining an opposition to the registration of a mark. Briefly, the parties…