Honesty won’t work in infringement or counterfeiting situations.
You or your client suspect that there is some type of infringement/counterfeiting or contempt of an injunction or settlement agreement going on and you want to stop it. As all litigators know, by signing the complaint in federal court you are certifying under Rule 11 of the federal rules that to the best of your knowledge, information and belief formed after reasonable inquiry, that the factual contentions have proper evidentiary support. Often to ascertain such support you investigate what is going on to confirm the infringement. But what could go wrong? The ethical rules that govern lawyer’s conduct, including lawyers conduct when directing paralegals, investigators, or other agents, prohibit lawyers from engaging in deceptive of fraudulent conduct. How can pretext investigations be reconciled with these anti-deception rules? This video will review key ABA Model Rules, ethics opinions and state variations, case law and some guidelines.
Robert W. Sacoff
Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP
- Partner with Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP
- Focuses on trademark, copyright and unfair competition law and litigation for more than 30 years
- Has spoken and presented papers at many seminars and workshops on trademark and unfair competition law
- Regularly listed in professional reviews such as World Trademark Review, Legal 500, International Who's Who of Trademark Lawyers, Martindale-Hubbell, Illinois Super Lawyers, International Who's Who of Business Lawyers, and Leading Lawyers
- J.D. degree, Northwestern University School of Law; member, Northwestern Law Review
- Served as Chair of the ABA Section of Intellectual Property Law, and President of the AIPPI U.S. Group
- Can be contacted at 200 S. Wacker Drive, Suite 2900, Chicago, IL 60606, by phone 312-554-7934 or email [email protected]
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