The U.S. Patent and Trademark Office (USPTO) recently announced the creation of the Patent Fraud Detection and Mitigation Working Group. The working group is designed to identify and address threats to the patent system as...more
The Corporate Transparency Act (CTA) is a new, federal, legal reporting and compliance regime touching on the ownership and control of covered reporting companies operating in the United States. These reporting companies are...more
Since the Corporate Transparency Act (“CTA”) went into effect earlier this year many Certified Public Accountants (“CPAs”) have been hesitant to assist clients with CTA compliance. This hesitancy stems, at least in part,...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
By now most lawyers are familiar with the story of DoNotPay, the company that promised to provide a traffic offense defendant with a “robot lawyer” to fight the ticket in court. The plan went like this: The defendant would be...more
A U.S. District Court in Illinois dismissed a case by the Chicago-based law firm MillerKing LLC against the so-called “robot lawyer” DoNotPay, Inc. (DNP). It found that MillerKing did not have standing bring false...more
Remote court hearings and remote depositions are commonplace today. In fact, some law firms are hiring lawyers with the expectation that they may never work at the firm’s physical office and never appear in courtrooms located...more
You’ve probably heard that “He who represents himself has a fool for a client,” an adage dating back to the 17th century and commonly attributed to Abraham Lincoln (but not by me – I first heard it on an episode of...more
The COVID-19 pandemic, along with government stay-at-home orders, required millions of professionals to work from home, including attorneys. However, as the pandemic comes to an end, many attorneys wish to continue to work...more
The relationship between access to justice and the unauthorized practice of law was explored in the Florida Supreme Court's recent 4-3 decision that a traffic ticket app developed by a startup amounted to the unauthorized...more
The final installment of the virtual Legalweek(year) just concluded, with the fifth installment having completed this week, after previous iterations in February (the traditional time of year for in-person Legalweek), March,...more
Yesterday, the USPTO issued an alert regarding emails that U.S. attorneys have been receiving from unlicensed persons offering to pay attorneys in exchange for use of the attorneys’ bar credentials in trademark filings. The...more
Real Property Update - Covenant Running With Land: Rejecting association’s argument on appeal that trial court erred in finding that recorded agreement was not a restrictive covenant running with the land but a personal...more
In a case having broad implications for residential real estate transactions, title insurance companies, and the mortgage industry, the Rhode Island Supreme Court on May 29 addressed the issue of whether residential real...more
While California trustees hope for smooth sailing, they must navigate waters that can be choppy depending on the assets, trust instruments and personalities involved. As fiduciaries, trustees must honor the trustors’ intent...more
New Jersey court rules and statutes prohibit the unauthorized practice of law. While paralegals engage in activities that constitute the “practices of law,” they can only do so under the direct supervision of a licensed New...more
Since August 3, 2019, all foreign-domiciled U.S. trademark applicants, registrants and parties to proceedings before the United States Patent and Trademark Office’s (USPTO) Trademark Trial and Appeal Board must be represented...more
On April 19, the U.S. Court of Appeals for the Fourth Circuit rejected a trade association’s constitutional challenge to the North Carolina rules that prevent corporations from providing legal advice. North Carolina’s...more
Practitioners before the United States Patent & Trademark Office (USPTO) must comply with the USPTO Rules of Professional Conduct, 37 C.F.R. §§ 11.10, et seq. Within the USPTO, the Office of Enrollment and Discipline is...more
The Kentucky Court of Appeals just held that non-lawyers may no longer represent employers in unemployment proceedings, ruling that such a practice is unconstitutional. As a result, you must immediately adjust any business...more
Seyfarth Synopsis: In a lawsuit brought by a plaintiff class action firm alleging that objectors to class action settlements violated both RICO and Illinois state law by filing frivolous objections in order to seek payouts,...more
It is not exactly a novel proposition of law in Wisconsin that a nonlawyer cannot represent a separate legal entity (as opposed to appearing pro se) in a Wisconsin court. The Wisconsin Supreme Court considered this issue over...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
Laws protecting injured car accident victims in Michigan from ambulance chasing personal injury lawyers should also protect people from the claims adjusters who prey on the unsophisticated after a crash; settling cases for...more
Meredith Henderson, the North Carolina Industrial Commission’s Executive Secretary, has announced that beginning Monday, September 18, 2017, the Commission will no longer accept Motions or Motion Responses filed by adjusters....more