Posts filtered by tags: Ethics[x]


How far can you go in Pre-Suit Investigative Contacts with Opposing Parties?

By David Hricik, Mercer Law School I’m often asked questions about how far a lawyer can go (directly or through a private investigator) in determining the facts before filing suit. On the one hand, Rule 11 (and Section 285) require investigation; on the other, certain ethical rules limit the ability to do so. For example, Rule 4.2 precludes communicating about a “matter” with a person “represented by counsel” in it — and, a “matter” can exist before a suit is filed and, further, in the cases of ...
Tags: Law, Ethics, Xiaomi Inc, David Hricik, Mercer Law School, Dareltech LLC

"[Michael Jackson] nurtured relationships, including with the boys’ mothers. He spent hours on the phone with James and Wade, he would also call their moms, just to talk to them."

"Jackson also spent time at the Safechucks’ modest home in Simi Valley, Calif. He could have been anywhere in the world, Stephanie Safechuck said, but he chose to be with them. 'He was a son I started to take care for,' Stephanie Safechuck said. 'He would spend the night, I’d wash his clothes.' She said that she once told Jackson that she had prayed for her son’s success in getting into commercials, and that he went on to find success right away. In response, she said, Jackson told her that he h...
Tags: Law, Ethics, Pedophilia, Jackson, Michael Jackson, Motherhood, James, Wade, Simi Valley Calif, Ann Althouse, Lori Loughlin, Alexandria Ocasio Cortez, Ocasio-Cortez, Stephanie Safechuck, Operation Varsity Blues

I'm seeing an awful lot of stuff like, "The bribery scandal is no more abhorrent than the completely legal industry that helps many wealthy kids get into the schools of their dreams."

That's the sub-headline of a column at the NYT that I am not bothering to read. I'm seeing this argument all over Facebook and on the front pages of plenty of newspapers, and I don't like it.It strikes me as the equivalent of letting a robber, caught red-handed, argue that there are so many things that are essentially theft — worse things really! — so what's the big deal?In fact, I'd be more sympathetic to the robber, since he may have grown up as a deprived outsider who might think the rules ne...
Tags: Facebook, Crime, Law, Ethics, Ann Althouse, Class Politics, Operation Varsity Blues

Why Allowing Alternative Business Structures Could Help Articling Students

Recently the Toronto Star published an article on abusive workplaces for articling students. Although the broad range of abuse was not covered, it has been noted before by Dean Adam Dodek that the abuse ranges from unpaid or underpaid work, termination without cause, harassment, and the absence of proper supervision or feedback. In response, Dean Dodek called on the Law Societies to investigate the abuse of articling students. He suggested that qualitative and quantitative research be done. I wo...
Tags: Law, Ethics, Toronto Star, Hadfield, Adam Dodek, Dodek, Practice Of Law, Gillian Hadfield, Articling, Abusive Articling Workplaces, Alternative Business S, Ethics of Articling

Front-paged at the NYT: How to eat lunch at your "luxurious" company.

In case this has never occurred to you, snack items can be lunch. Inside, the article is "How to Make Meals From Office Snacks/At start-ups and luxurious companies, the free lunch is for the taking, if you’re bold enough." I look forward to more NYT articles about things that are "free... for the taking, if you’re bold enough."How to Stock Your Home Office... supplies are free, if you're bold enough! For Shoppers at Department Stores: The clothes and makeup you need for your big date are free fo...
Tags: Amazon, Food, Law, Steve Jobs, Ethics, Philosophy, Nyt, Tumblr, Shame, Vox, Vox Media, Michael, Department Stores, Jennings, Fisher, Georgetown University

Lessons to Learn? Federal Circuit Disqualifies Firm Adverse to Members of Corporate Family of a Client

By David Hricik, Mercer Law School In an order granting motions to disqualify — rather than analyzing with discretion a decision of a district court — the Federal Circuit disqualified Katten Muchin Rosenman LLP (“KM”) from representing parties in appeals styled Dr. Falk Pharma GMBH v. Salix Pharma. Int’l., Inc. and Salix Pharma., Inc. v. Mylan Pharma., Inc., available here. The case involves a number of issues, some of which are obscured by discussion of agreements that, in large measure, turned...
Tags: Law, Virginia, Ethics, New Jersey, Patent, Mylan, O'Malley, Second Circuit, Federal Circuit, IPR, Bausch, Bausch Lomb, Alston Bird, Katten Muchin Rosenman, PTAB, Mylan Pharma Inc

The Reasonable Snooki Standard

For a lawyer, what is a "reasonable" fee.
Tags: Law, Ethics, Litigators, Lawyer Ethics

Gene therapy could treat rare brain disorder in unborn babies

Doctors could use Crispr tool to inject benign virus into foetus’s brain to ‘switch on’ key genesScientists are developing a radical form of gene therapy that could cure a devastating medical disorder by mending mutations in the brains of foetuses in the womb.The treatment, which has never been attempted before, would involve doctors injecting the feotus’s brain with a harmless virus that infects the neurons and delivers a suite of molecules that correct the genetic faults. Continue reading...
Tags: Health, Science, Biology, Neuroscience, Society, World news, Genetics, Ethics, Gene Editing

Like Elizabeth Warren, Scott Adams grew up believing he had substantial Native American ancestry... and he confesses that he once checked the box as Native American to see what would happen.

It had a radical affect on the college application process, he says. Offers of full scholarships poured in...... but that made him realize it wasn't right to hold himself out as Native American. He didn't take any of the offers and he didn't check the box again."I'll tell ya — checking the box back in my childhood opened up the heavens, and you got free stuff."Adams does however endorse checking the box if you are low-income person who can honestly check the box and take advantage in a way the s...
Tags: Law, Elizabeth Warren, Ethics, Warren, Native Americans, Affirmative Action, Adams, Scott, Scott Adams, Ann Althouse, Elizabeth Warren Scott Adams

Another Post on 101 and Statutory Text, and Hopefully my Last

By David Hricik I’ve written on this blog my argument — I think, observation — that the text of the Patent Act does not authorize invalidity, or patentability, to be based upon Section 101.  (Here is one of them.)  Why rant again? First, Dennis on the main page posted here the USPTO’s new guidelines on eligibility. Second, today at the AIPLA mid-winter meeting, Bob Armitage spoke passionately about how  these guidelines are nonsensical and that we will never resolve the 101 problem because it is...
Tags: Supreme Court, Law, Congress, Court, Ethics, Uspto, Rich, Dennis, Federal Circuit, CAFC, David Hricik, Bob Armitage

Comment Period for Proposed Amendment to Rule 30(b)(6), Others, Closes February 15

By David Hricik 30(b)(6) depositions are part of the toolkit of any competent patent litigator.  The proposed change would, I think, help with some questions about the rule, but leave others unresolved.  The proposed amendment to Rule 30(b)(6) is below, with the proposed new language not in italics: In its notice or subpoena, a party may name as the deponent a public or private corporation, a partnership, an association, a governmental agency, or other entity and must describe with reasona...
Tags: Law, Ethics, David Hricik

New Paper on Ethics and Social Media

By David Hricik I’ve long written about ethics and technology (my old paper about email security, I am proud to say, pushed back on the idea that (at least in the 1990s) email was insecure).  For an AIPLA speech I’m giving next month, I wrote a paper on various ethical issues that arise with the use of social media.  It is available here. The issue that I’ve run into a few times now in IP cases is judicial research into facts. I represented people in one of those matters, which was before the OE...
Tags: Law, Social Media, Ethics, Current Affairs, Web/Tech, Weblogs, David Hricik

Louisiana court: Online anonymity doesn’t shield lawyers from ethical obligations

Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** Louisiana court: Online anonymity doesn’t shield lawyers from ethical obligation Office water coolers used to be gathering places where people discussed current events and caught up on office gossip. But, like many other time-honored traditions, even water cooler conversations have been affected by technology. Certainly these in-office discussions still occur, but much of the day-to-day discours...
Tags: Facebook, New York, Supreme Court, Law, Court, Social Media, Ethics, Web/Tech, Nopd, Louisiana, Thomson Reuters, Aba, ABA Journal, Gill Pratt, National Guard, Jefferson

"Is a Portland Professor Being Railroaded by His University for Criticizing Social-Justice Research?"

Asks Jesse Singal (at NY Magazine). Excerpt:Last fall, it was revealed that a trio of researchers, the philosopher Peter Boghossian, the mathematician James Lindsay, and the medieval-studies independent scholar Helen Pluckrose, had perpetrated what they viewed as a spiritual successor to the infamous 1996 Sokal hoax: They’d sent out a bunch of ridiculous articles to a number of journals within “grievance studies” fields.... Of the 20 articles the trio submitted, seven were accepted....The resear...
Tags: Law, Ethics, Portland, PSU, Bad Science, Steven Pinker, Jesse Singal, Ann Althouse, Sokal, Boghossian, Peter Boghossian, James Lindsay, Helen Pluckrose, University for Criticizing Social Justice Research, NY Magazine Excerpt

Webinar today on Inequitable Conduct Post-Regeneron

By David Hricik The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled “Inequitable Conduct After Regeneron: What Litigators, Patent Prosecutors, and Patent Owners Need to Know” on January 10, 2019 from 2:00 to 3:00 pm (ET).  Kevin Noonan of McDonnell Boehnen Hulbert & Berghoff LLP, and Rohit Singla, Munger of Tolles & Olson LLP and I will discuss the significant ongoing impact of the 2017 Federal Circuit decision in Regeneron v. Merus, which found a patent une...
Tags: Law, Ethics, Federal Circuit, Regeneron, Kevin Noonan, McDonnell Boehnen Hulbert Berghoff LLP, Intellectual Property Owners Association IPO, David Hricik, Merus, Rohit Singla Munger, Tolles Olson LLP

Court denies motion to clarify obligations when making permitted ex parte contacts

By David Hricik The ABA Model Rules and most state rules divide the world into “persons represented by counsel,” who may not be contacted about a matter, and “unrepresented persons,” who may.  Speaking generally, a lawyer may not communicate about a matter with a person who is “represented by counsel” in that particular matter.  See, e.g., A.B.A. Model Rule 4.2.  This is true even if the represented person wants to talk to the lawyer: only the person’s lawyer may consent. If a person is not “rep...
Tags: Law, Court, Ethics, Aba, Fed, Golden, David Hricik, Hoist Fitness Systems Inc, TuffStuff Fitness International Inc, California Code of Professional Conduct, Zwickler

"Now do : large female doctor pushing a stroller with a cat in it."

Link to tweet. [Author: [email protected] (Ann Althouse)]
Tags: Technology, Law, Ethics, Ann Althouse

Matt Whitaker Deciding To Cosplay As A.G. Is How I Imagine Most Blackface Decisions Come To Pass

Whitaker ignored an ethics opinion and pretended to be A.G. anyway.
Tags: Law, Government, Ethics, Department Of Justice, Whitaker, Matt Whitaker, Ethics LOL

GDPR and Requests by EU Clients to be Forgotten

Prosecution for foreign clients presents several ethical issues, and the recently enacted EU General Data Protect Regulation (“GDPR”) presents some fun ones.  In Maryland State Bar Association Ethics Opinion 2018-06 (here), the committee tackled how a firm can abide by an EU client’s request to be “forgotten” — and so delete all records of having represented the client — and  yet after that run conflicts checks to make sure the firm isn’t being adverse to that former client in a substantially re...
Tags: Law, Eu, Ethics, Bob, Bob Smith, Maryland State Bar Association, EU General Data Protect Regulation, Bob Smith Bob

Just in Time for Christmas

By David Hricik Practitioner Robert Moll posted a review of one of my books, this one co-authored with Mercedes Meyer, on ethical issues in patent prosecution. His review is here.
Tags: Law, Ethics, David Hricik Practitioner Robert Moll, Mercedes Meyer

An Interesting Opinion on the Right to Jury Trial that Can Relate to 101 and 285

By David Hricik In the three prior posts (hey, it’s a trend!) on Section 285, I pointed out the need for lawyers to advise principals of patentees that they may, personally, be on the hook for liability for fee shifting.  For example, if the patentee is an asset-less shell corporation, the accused infringer may seek (perhaps should seek, promptly) to join principals of the patentee in the event that the case is found exceptional.  Likewise, given the long-standing line of cases (going back to Ul...
Tags: Facebook, Law, Virginia, Ethics, North Dakota, John Adams, Adams, Harvard Law School, Kirkland Ellis, Brandon, UMKC, Fargo North Dakota, Rader, Strahan, Yale University Press, Sidley Austin LLP

Australian legal ethics (and police) scandal

In more than 300 cases, a defense attorney in the Australian state of Victoria acted as a police informant to undermine her clients’ interests [Chris Vedelago, Cameron Houston & Tammy Mills/Sydney Morning Herald, Houston, Mills & Vedelago/Melbourne Age followup, Rohan Smith/ on Informer 3838 affair] Tags: Australia, ethics, police
Tags: Law, Australia, Police, Uncategorized, Ethics, Victoria, Rohan Smith, Chris Vedelago Cameron Houston Tammy Mills

More on Fee Awards and Competent Billing and Motion Practice

By David Hricik In my last post, I mentioned being thoughtful about billing records and some other issues about Section 285.  As if on cue, a court issued an opinion which denied an award of some fees because the time had been block billed.  As a result, the court could not determine if the time had been incurred as part of the defense of an exceptional suit or were incurred in a covered business method proceeding which the court had concluded was not within the scope of compensable fees. The ca...
Tags: Law, Ethics, David Hricik, Kinkeade, SAP AMERICA INC, InvestPic LLC

Liability roundup

Big win for scientific rigor in the courts as New Jersey joins 40 other states in adopting Daubert standards for expert testimony, in In re Accutane Litigation [Washington Legal Foundation: Evan Tager and Surya Kundu, Joe Hollingsworth and Robert Johnston] With the long domination of the Florida Supreme Court by its liberal bloc soon to end, is it too much to hope that Florida joins the national trend too? [Evan Tager and Matthew Waring, WLF] California lawyers sue electric scooter companie...
Tags: Florida, Law, Congress, California, Uncategorized, Ethics, New Jersey, James Bond, Autos, Florida Supreme Court, Daubert, Robert Johnston, Cyrus Farivar ArsTechnica, Stephen McConnell, Eriq Gardner Hollywood, Labaton Sucharow

285, Claim Construction and Lessons from Fee Awards

By David Hricik First off, happy holidays to everyone. I’ve had some health issues and have been very intermittent in posting.  Other than getting old (a good thing), I am happy to report that I am fine. Second, a lot has been going on in 285. Long ago, I posted here about how prevailing parties were beginning to try to either (a) join lawyers for the losing party to the case to impose fees against them or (b) simply (somehow) have the lawyers held liable without joining them.  In addition, more...
Tags: Law, Ethics, MicroStrategy, David Hricik, Markman, DataTern

Hey, that's our stuff: Maasai tribespeople tackle Oxford's Pitt Rivers Museum

Western museums are full of plundered objects. So what happened when a Maasai delegation travelled to the UK to discover where their sacred belongings ended up?Around a large table in a bright room in the University of Oxford’s Pitt Rivers Museum, four members of the Maasai tribe from east Africa are inspecting a small object. It has been carefully placed in front of them by a curator wearing special handling gloves. The Maasai say that it is a bracelet, an orkatar. They talk between themselves,...
Tags: Amazon, Art, UK, India, Africa, Religion, Society, UK News, World news, Culture, Canada, Ethics, Art and design, Museums, Sculpture, Anthropology

Hey, that's our stuff: Masaai tribespeople tackle Oxford's Pitt Rivers museum

Western museums are full of plundered objects. So what happened when a Masaai delegation travelled to the UK to discover where their sacred belongings ended up?Around a large table in a bright room in the University of Oxford’s Pitt Rivers Museum, four members of the Maasai tribe from east Africa are inspecting a small object. It has been carefully placed in front of them by a curator wearing special handling gloves. The Maasai say that it is a bracelet, an orkatar. They talk between themselves,...
Tags: Amazon, Art, UK, India, Africa, Religion, Society, UK News, World news, Culture, Canada, Ethics, Art and design, Museums, Sculpture, Anthropology

SDF Podcast 23: Pretty crazy ideas about the Facebook

“The ever-present function of propaganda in modern life is in large measure attributable to the social disorganization which has been precipitated by the rapid advent of technological changes.” This is not the latest comment on the perpetual missteps, mishaps and misuse of Facebook, but a quote from Harold D. Lasswell, eminent media scholar and creator of the eponymous and never-aging model and formula to determine media effects: who says what to whom in which channel with what effect? Who said...
Tags: Facebook, Mark Zuckerberg, Business, Politics, London, Social Networks, Stanford, Germany, Marketing, Communication, Public Relations, Unilever, Society, Blogging, Web, Software

How to use science fiction to teach tech ethics

Science fiction writer/lawyer Casey Fiesler is a maven in the field of tech ethics education (she maintains the of tech-ethics syllabi); she uses science fiction stories as a jumping-off point for her own classroom discussions of ethics in technology. In a fascinating essay for How We Get To Next, Fiesler describes how speculative fiction has given her students the tools to contemplate both the unforeseen potential for harm and for good in different kinds of technology, and to think thro...
Tags: Post, Happy Mutants, Science Fiction, News, Education, Law, Ethics, Engineering, Scholarship, Pedagogy, Computer Science, Casey Fiesler, Tech Ethics

Updated Paper on Conflicts of Interest in Patent Practice

By David Hricik Thought I’d share this paper with you all, which addresses recent cases in conflicts of interest in patent litigation, patent prosecution, and opinion work. And, I’ll be doing a panel for Strafford Publications on December 4, which you can read about here.
Tags: Law, Ethics, David Hricik, Strafford Publications

February - 2019
March - 2019
April - 2019