White Paper

5 Pages
  • 5 Pages

Pretext Investigations - Some Suggested Guidelines


Check local ethics rules, disciplinary rulings and opinions, and case law before embarking on a pretext investigation.

This is a thorny area of ethical practice, where the authorities and decisions are inconsistent among different jurisdictions.  Investigation of the facts is required by Rule 11, and sneaky investigations are often necessary (and commonplace) to get the required information and evidence in trademark litigation practice.  At a minimum, issue-awareness and due diligence are essential steps toward staying out of harm’s way and complying with professional ethical obligations.  Read this white paper for some suggested guidelines in pretext investigations.



Robert W. Sacoff

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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