The PTO has issued a Notice of Proposed Rulemaking regarding who may represent parties in PTAB post-grant trials. The proposal is part of the USPTO’s wider initiative to expand access to practice before the Office. ...more
Many attorneys have long and successful careers without ever having to practice law outside of the jurisdiction where they obtained their license. But for litigators and in-house counsel, the need to be conversant with the...more
On August 23, Judge Rebecca Beach Smith issued a notable decision that serves as a stern warning to out-of-state counsel seeking to practice in the Eastern District — and, perhaps more so, to the local counsel who choose to...more
Unlike other professions, lawyers can only practice law in the states and jurisdictions where they are admitted. While some areas of law, like patent prosecution or trademark, are purely Federal, other cases, like commercial...more
In federal court, the rules for out-of-state counsel's participation vary from district to district. For out-of-state counsel seeking to appear in federal court in North Carolina, the local rules require, first and...more
On January 5, 2021, the North Carolina Business Court published on its website guidance for attorneys seeking admission to the Court pro hac vice. You can find a link to the resource here along with additional information...more
When companies and individuals become involved in a lawsuit in a jurisdiction different from where they reside, they typically choose to retain attorneys with whom they have worked before, rather than searching for counsel in...more
This week, we examine the answer to a simple question: may an out-of-state lawyer serve as counsel in a New York state court proceeding absent making a motion for admission pro hac vice? To answer this slightly ambiguously...more
In Fulton v. Livingston Financial LLC, 2016 WL 3976558 (W.D. Wash. July 25, 2016), U.S. District Judge James L. Robart sanctioned a defense lawyer who “inexcusabl[y]” relied on outdated case law and pre-2015 amendments to...more
In 2015, the Connecticut Supreme Court concluded that the Judicial Branch has the sole authority to license and regulate the general practice of law in Connecticut. See Persels & Associates, LLC v. Banking Commissioner, 318...more
Judge McGuire came down pretty hard on a Florida attorney admitted pro hac vice (meaning "for this one particular occasion") by another Superior Court Judge, in McCarthy v. Hampton, 2016NCBC 4. He revoked the lawyer's...more
Effective December 30, 2015, in-house lawyers working in New York who are only admitted to practice outside the United States are no longer limited to serving as foreign law advisors, but registration is required within 90...more
The lawsuit filed by the Atlantic Coast Conference against the University of Maryland continues to percolate in the North Carolina Business Court. But the University will have to proceed without its chosen attorneys, as the...more
In Kalitta Air LLC v. Central Texas Airborne System Inc., 2013 DJDAR 16393 (2013), the Ninth Circuit Court of Appeals decided a unique issue which other federal circuits have reached different conclusions on. The main issue...more
As an investor, you should perform due diligence prior to having an out-of-state attorney represent you in a securities dispute. In an era where social media provides multiple channels for the advertising of an attorney’s...more
It is undeniable that technology and globalization are changing the way lawyers practice law. Technology has not just made people, places, and things much more accessible to us – it has impacted the way we store information...more
Originally published in the ABI Journal, Vol. XXXII, No. 2, March 2013. Delaware Local Bankruptcy Rule 9010-1 governs bar admissions and limits unfettered practice before its courts to those attorneys “admitted to practice...more