Posts filtered by tags: Ethics[x]


 

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


Ezra Klein Interviews Anil Dash on Tech and Ethics

On his podcast for Vox this week, Ezra Klein (journalist, political commentator and editor-at-large) discusses tech with CEO of Glitch, Anil Dash. From the ways algorithms veil our real-life choices to the concept of “neutral” products, the two talk about the issues surrounding tech and how important it is that we create and “maintain our ethical standards as new technologies expand into uncharted territories.” One of …
Tags: Design, Podcasts, Interviews, Tech, Ethics, Vox, Ezra Klein, Newsletters, The Castt


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


Mental Health Provider Dropped Me as a Patient

My mental health care provider dropped me as a patient. I called to get refills on my medication and was told that they could not refill my medication because I hadn’t been seen in some time. Therefore, I made an appointment for the following week and asked to have my medication refilled until the appointment. They told me that wasn’t possible. I went to the mental health office and asked to see if I could speak to my provider or manager. They refused to let me speak to anyone until my appointme...
Tags: General, Medical issues, Medication related questions, Abuse, Ethics, Medication, Dismissed Patient


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


Bristol Meyers-Squibb and Others Can't Dodge $1 Billion Lawsuit Over 1940s Syphilis Study, Judge Rules

For the time being, pharmaceutical company Bristol Meyers-Squibb and others will not be allowed to avoid a billion-dollar civil lawsuit over their alleged roles in a U.S. government-led study in the 1940s that deliberately and secretly infected Guatemalan people with syphilis. Last week, Reuters reported, a federal…Read more...
Tags: Science, Infectious Diseases, Ethics, Lawsuits, Dodge, Reuters, Syphilis, Bristol Meyers Squibb, Tuskegee Experiments


Bristol Myers-Squibb and Others Can't Dodge $1 Billion Lawsuit Over 1940s Syphilis Study, Judge Rules

For the time being, pharmaceutical company Bristol Myers-Squibb and others will not be allowed to avoid a billion-dollar civil lawsuit over their alleged roles in a U.S. government-led study in the 1940s that deliberately and secretly infected Guatemalan people with syphilis. Last week, Reuters reported, a federal…Read more...
Tags: Science, Infectious Diseases, Ethics, Lawsuits, Dodge, Reuters, Bristol Myers Squibb, Syphilis, Tuskegee Experiments


"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


Boston A.I. Leaders Call for Focus on Diversity, Global Mindset in 2019

It was an eventful year for the artificial intelligence industry.The sector saw more big venture capital deals and acquisitions, while researchers kept plugging away on technology advances. Meanwhile, A.I. developers continued to grapple with issues around transparency, trust, and ethics.As part of Xconomy’s series of year-end posts, we asked a pair of CEOs of Boston-area A.I. software startups to reflect on the trends that defined the sector in 2018—and where things might be headed in 2019. He...
Tags: Startups, Boston, Trends, Tech, Diversity, Mit, Vc, Artificial Intelligence, Software, Ethics, Facial Recognition, Affectiva, Rana el Kaliouby, Neurala, National blog main, New York blog main


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


A Cancer Expert Who Hid Ties to the Drug Industry Resigns From Scientific Journal 

A once renowned cancer expert has lost another title following revelations that he reportedly received millions of dollars in industry money that he never disclosed. On Tuesday, the New York Times reported, the 59-year-old José Baselga was pushed out and resigned as one of the editors-in-chief of the scientific…Read more...
Tags: Science, Ethics, New York Times, Conflicts Of Interest, José Baselga, Money In Medicine, Drug Industry Resigns From Scientific Journal


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


Industries must adopt ethics along with technology

Klaus Michael Vogelberg Contributor Share on Twitter Klaus Michael Vogelberg is the chief technology officer of Sage, a UK-based accounting software firm. A recent New York Times investigation into how smartphone-resident apps collect location data exposes why it’s important for industry to admit that the ethics of individuals who code and commercialize technology is as important as the technology’s code itself. For the benef...
Tags: Startups, Column, UK, Technology, Privacy, Big Data, Oil, Social Media, Information, European Union, Smartphone, Artificial Intelligence, United States, Ethics, United Kingdom, New-York-Times


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


China’s Social Ranking System Will Now Target Rule-Breaking Scientists

To tackle widespread scientific misconduct, the Chinese government has expanded its controversial social credit system to include infractions made by research scientists. The plan could scare some scientists straight—but the potential for abuse is very real. Read more...
Tags: Science, China, Ethics, Crispr, Biotechnology, Bioethics, Scientific Misconduct, He Jiankui


It's Time to Plan for How Quantum Computing Could Go Wrong, Say Entrepreneurs and Physicists

Quantum computers that can crack our strongest encryption methods might be decades away—but a group of entrepreneurs and researchers think we better start talking ethics now. Read more...
Tags: Google, Science, Physics, Ethics, Ibm, Quantum Computing, Eeroq


Sex, Bias, and the Design of Life

I’ve been reading the competition, so to speak — not that there really is any competition with Ed Feser. I don’t agree with him on all he writes, naturally, but still he’s untouchable as a top-notch thinker/blogger. Anyway, I want to pick up and run with something he wrote on sex and teleology just before Thanksgiving. His point overall was that sex and sexuality have clearly discernible purposes. In other words they’re teleological, meaning, it is of their essence that they are directed toward ...
Tags: Marriage, Religion, Transgender, Ethics, Homosexuality, Philosophy, Morality, Bias, Richard Dawkins, Andrews, Byrne, Lawrence Krauss, Discovery Institute, Posts, Ed Feser, Feser


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/news.com.au 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


Is ethical tech a farce?

Shannon Farley Contributor Shannon Farley is co-founder and executive director at Fast Forward. More posts by this contributor Legal tech is opening the system to those who need legal representation the most Why edtech startups need to build for overlooked communities In the past year, we’ve seen tech platforms called out for stoking hate and not doing enough to instill ethics from the top down. There is a bigger problem at hand, a...
Tags: Startups, Column, Technology, Artificial Intelligence, Ethics, Mozilla, Philosophy, Silicon Valley, Khan, Line, Laser, Tech Products, Social Media Platforms, Structure, Quill, Shannon Farley


Gene-edited girls as a Monolith moment | Letter

The controversial gene-editing breakthrough claimed by Dr He Jiankui may be a pivotal moment in human development, says Doug ClarkThere have been many 2001: A Space Odyssey Monoliths in mankind’s history: the wheel, the development of agriculture, the internal combustion engine. Not all of these, however, have been physical. There have been several such step-changes in our thinking, our ethics and morals. The Christian church has fought against many of these. Galileo was only one of the most fam...
Tags: Science, Biology, China, Religion, World news, Genetics, Asia Pacific, Ethics, People in science, Shenzhen, Gene, Gene Editing, Southern University of Science and Technology, He Jiankui, Doug ClarkThere, Doug ClarkCurrie Midlothian


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


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


'Should we even consider this?' WHO starts work on gene editing ethics

Announcement follows claim by Chinese scientist to have altered DNA of twins to prevent HIV infectionThe World Health Organization is creating a panel to study the implications of gene editing after a Chinese scientist controversially claimed to have created the world’s first genetically edited babies.“It cannot just be done without clear guidelines,” Tedros Adhanom Ghebreyesus, the head of the UN health agency, said in Geneva. Continue reading...
Tags: Health, China, Asia Pacific, Ethics, World Health Organization, Un, Gene Editing, Geneva Continue