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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Patent

Date & Time
  • event Date

    Tuesday, June 27, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE webinar will guide patent and trademark counsel on the OED process by which lawyers who practice before the USPTO get disciplined. The presenter will describe the common causes for OED grievances and summarize recent trends in OED decisions. She will also explain the differences and similarities between an OED grievance and a malpractice action and provide best practices to avoid both. The presenter will highlight recent OED decisions to shed light on the types of violations the office has been prosecuting and will provide practical guidance on what to do if there is an ethics complaint filed against you.

Faculty

Hilary P. Gerzhoy
Partner
HWG, LLP

Ms. Gerzhoy is Vice Chair of the firm’s Legal Ethics and Malpractice Group. She is also the Vice Chair of the D.C. Bar Rules of Professional Conduct Review Committee, and she is a member of the ABA’s Ethics and Professional Responsibility Committee. Ms. Gerzhoy represents lawyers and firms in disciplinary investigations, prosecutions, and malpractice matters. She has represented lawyers in front of every disciplinary body at the state and federal level in D.C. and Maryland, before the Virginia State Bar, and before the USPTO’s Office of Enrollment and Discipline. She represents lawyers and firms in high stakes arbitrations and litigation, and she counsels lawyers regarding conflicts, advertising, fee disputes, the unauthorized practice of law, attorney departures, lateral moves, law firm partnership agreements, and law firm formations and dissolutions.

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Description

An envelope arrives certified mail and requests a return receipt. You see that envelope is from the OED. Concern and maybe a little panic set in. The OED does not reach out to practitioners to let them know they are doing great work. Rather, this envelope means a grievance has been filed against you and the OED has started an investigation into whether you have violated the USPTO's rules of ethics.

Understanding the process will help minimize fear and panic. The time frame to respond is relatively short. Take time to examine the Rules of Professional Conduct. You have a duty to cooperate so refusing to respond may result in further violations.

Listen as our authoritative presenter provides an overview of the process by which lawyers who practice before the USPTO get disciplined. The presenter will describe the common causes for OED grievances and will summarize recent trends in OED decisions. She will explain the differences and similarities between an OED grievance and a malpractice action and provide best practices to avoid both. She will highlight recent OED decisions to shed light on the types of violations the office has been prosecuting and will provide practical guidance on what to do if there is an ethics complaint filed against you.

Outline

  1. Overview of the OED process
  2. Common causes for OED grievances
  3. Recent trends in OED decisions
  4. OED grievances vs. malpractice actions
  5. Practical guidance when facing disciplinary action

Benefits

The presenter will review these and other important issues:

  • What behavior could be problematic and put patent counsel at risk of facing an OED grievance?
  • What do recent OED decisions reveal about behavior that draws OED attention?
  • What steps can patent counsel take to minimize the risk of OED grievances?