Here Comes Trouble: Early Detection and Mitigation of Conflicts of Interest Risks for the IP Lawyer

Lawyers who practice in the field of intellectual property law must navigate through a maze of ethics rules relating to potential conflicts of interest. This presentation, taught by Michael E. McCabe, Jr., and experienced practitioner in the fields of Intellectual Property and Ethics, will focus on helping the IP practitioner and law firm manager to spot conflict issues that are unique to the practice of patent and trademark law, such as identifying who is the "real" client, determining when a client becomes a former client, and determining whether a client representation presents a "subject matter" conflict of interest. The program will also address ways to mitigate the risks associated with such conflicts of interest, including the current viability of advanced conflict waivers.

Learning Objectives:

1. Understand current and former client conflict scenarios in an IP practice setting
2. Identify who is the "real" IP client in assessing conflicts
3. Avoid the "accidental" IP client
4. Spot conflict issues arising from common business relationships between lawyers and their IP clients
5. Appreciate how conflict waivers operate
6. Learn about the current state of the law regarding advanced conflict waivers