10/29: PMTrack1-ETHICS

Ethics

Moderator: Michael McCabe, McCabe Ali LLP, Potomac, MD

Avoiding Ethical Traps in Trade Secret Cases: How to Manage Joint Engagements, Employee Investigations, Spoliation of Evidence and Other Ethical Challenges Common to Trade Secret Disputes
Astor Heaven, Crowell & Moring, LLP, Washington, DC

Ethical Implications of Instigating or Pursuing Criminal Charges Relating to Trade Secret Theft
Jennifer French, Federal Bureau of Investigations, Washington, DC

Professional Responsibility and Practice Before the USPTO
William Covey, Office of Enrollment and Discipline, US Patent & Trademark Office, Alexandria, VA (invited)

Speakers

• Heaven, Astor

  Crowell & Moring | Partner

  Astor Heaven is a trial lawyer in Crowell & Moring's Litigation group and is located in the Washington, D.C. office. Astor has tried cases in federal and state court and routinely litigates and arbitrates complex commercial, antitrust, and intellectual property cases in the defense, life sciences, and health care industries. A U.S. Naval Academy graduate and former Surface Warfare Officer, Astor brings a unique perspective and discipline to client matters, whether as lead attorney or contributing to a team’s overall success.
• McCabe, Jr., Michael

  McCabe Ali, LLC | Managing Partner

  Michael McCabe. is the Managing Partner of McCabe Ali LLP, with offices in Washington, D.C. and Los Angeles. Michael has practiced IP law for 32 years and is a registered patent attorney. Michael’s practice focuses on the intersection of IP and ethics. He has represented hundreds of patent, trademark and intellectual property practitioners, in addition to law firms, students, in-house counsel and government employees in federal ethics investigations, sanctions issues, disciplinary trials, and other professional misconduct matters before the USPTO and various state bars. Michael regularly consults with lawyers and law firm management on risk management, ethics compliance, and internal investigations. He has served as an expert witness on professional conduct issues before state and federal tribunals.
• Covey, Will

  USPTO Office of Enrollment and Discipline | Deputy General Counsel and Director

  As Deputy General Counsel and Director for the Office of Enrollment and Discipline (OED), Will Covey is responsible for ensuring that the nation's patent attorneys and agents are of good moral character and sufficiently knowledgeable to practice before the USPTO Mr. Covey's team of attorneys and other professionals develop and administer a registration examination designed to measure applicants' knowledge of patent law and practice. Successful applicants are registered to practice by OED. In addition, OED investigates complaints of unethical conduct made against individuals practicing patent or trademark law before the USPTO.
• French, Jennifer

  FBI National Intellectual Property Rights Coordination Center | Supervisory Special Agent

  Special Agent Jennifer L. French graduated from Boston College Law School in 1990 and practiced banking and bankruptcy law in the Boston area for 6 years, primarily for the Federal Deposit Insurance Corporation. She joined the Federal Bureau of Investigation as a Special Agent in 1996 and was stationed in the Chicago Division for over 20 years. In June of 2019, SA French was selected to join the FBI’s National Intellectual Property Rights Coordination Center as a Supervisory Special Agent, which is her current assignment.