For our weekly SoCal IP Institute meeting on Monday, July 11, 2016, we will discuss the following:

Protostorm, LLC. v. Minnesota Lawyers Mutual Ins. Co. v. Antonelli, Terry, Stout & Kraus LLP (VLW 010-3-620), No. 08-CV-931 (E.D.N.Y June 20, 2016) (Memorandum & Order available here; Damages Order Available here). In this case, a judgment of approximately $7 million was ordered against the patent law firm Antonelli, Terry, Stout & Kraus, LLP as a result of numerous ethics violations.  These ethics violations included a retainer agreement that failed to make clear who the actual client, or in this case, clients was/were, statutory deadlines that could have easily been avoided were also missed, lack of communication with the client, and failure to do work as a result of unpaid bills, among other flubs.

The fourth circuit affirmed that the same Antonelli patent firm was not covered by its malpractice policy in the case: Minnesota Lawyers Mutual v. Antonelli, Terry, Stout & Kraus LLP (No. 10-2402) (4th Cir. March 29, 2021) (available here).  Essentially, the Court held that the law firm forfeited its malpractice coverage because of its lawyers’ involvement with various business entities.  It also looked to the underlying malpractice action and cited facts from that case regarding the lawyers’ scheme, which triggered the Business Enterprise Exclusion in the policy.

All are invited to join us on Monday, July 11, 2016, at noon in our Westlake Village office. This activity is approved for 1 hour of MCLE credit. If you will be joining us, please RSVP to Elisha @ emanzur@socalip.com by 9 am Monday morning.