Product Description

Recent updates:

• Update: November 2020

  Dear Subscriber:

  Thank you for choosing to keep your intellectual property library up to date with this new edition of Intellectual Property Practice. Inside, you will find new discussions of topics including the following:

  • Random auditing of trademark registrations. See chapter 6 for information on what happens when a registration is audited, and what the owner is required to submit by way of proof of use. The chapter also notes the consequences of failing to provide proof of use.

  • Trademarks; cannabis products. In chapter 6, find a Practice Note pertaining to the Agriculture Improvement Act of 2018, Pub. L. No. 115-334 (the 2018 Farm Bill), which updated the definition of "marijuana" to excise "hemp"—meaning cannabis plants and derivatives such as CBD that contain no more than 0.3 percent THC on a dry-weight basis. The reader is warned about the potential for refusal of registration for certain marks based on the applicant's trade practices.

  • Electronic signatures; online terms of use. Chapter 7 cites a 2020 decision on the issue of electronic signatures, the "E-Sign Act," and the copyright consequences of clicking "I agree" on social media sites.

  • Candor. See chapter 9 for a caution based on a 2020 Court of Appeals decision due diligence and avoiding the fact or appearance of violation of the duty of candor by patentee plaintiffs. The caution discusses potential consequences, including patent unenforceability, sanctions, reputation loss, and disciplinary measures.

  • FDA approval as intellectual property. Chapter 9 addresses the FDA's announcement of its position with regard to limited modifications to the manufacturing of devices approved through the PMA program or the Humanitarian Device Exemption (HDE) program during the COVID-19 public health emergency. Chapter 9 also discusses the FDA's proposed rule, 83 Fed. Reg. 63,127 (Dec. 7, 2019), to establish a process for submitting de novo classification requests as an alternative to a PMA submission.

  We at MCLE trust that you will find this new information useful in your IP practice, and valuable in maintaining your law library.

  Cordially,

  Maryanne G. Jensen, Esq., MCLE Director of Publications

Table of Contents

Chapter 1 expand

Being a Career Paralegal and Being Ethical

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Carmelina M. Commito,

Chapter 2 expand

Competence as a Paralegal

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Jaclyn Baker,
Carmelina M. Commito,
Dorothy Nyen-Cassidy,
Halye A. Sugarman, Esq., Middlesex Community College
Caitlyn Tobey, Medtronic

Checklist 2.1

- Self-Audit for a Paralegal’s Approach to CLE and Other Training Opportunities Buy Form

Checklist 2.2

- Self-Audit for a Paralegal’s Approach to Avoiding Procrastination Buy Form

Checklist 2.3

- Am I Competent? Buy Form

Exhibit 2A

- Why Does a Paralegal Need CLE? Buy Form

Exhibit 2B

- Suggested Reading to Keep Current with Legal Developments Buy Form

Exhibit 2C

- Sources for Paralegal CLE Buy Form

Exhibit 2D

- How to Avoid Procrastination in Your Work Buy Form

Chapter 3 expand

Maintaining One’s Personal and Professional Integrity

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Jaclyn Baker,
Carmelina M. Commito,
Dorothy Nyen-Cassidy,
Halye A. Sugarman, Esq., Middlesex Community College
Caitlyn Tobey, Medtronic

Checklist 3.1

- Considerations for a Paralegal’s Civility Self-Audit Buy Form

Checklist 3.2

- Considerations for a Paralegal’s Self-Audit Regarding the Handling of Financial Issues Buy Form

Exhibit 3A

- Boston Bar Association Civility Standards for Civil Litigation Buy Form

Exhibit 3B

- IOLTA Guidelines: Rules of Professional Conduct Rule 1.15: Safekeeping Property Buy Form

Exhibit 3C

- Ten Questions Frequently Asked About IOLTA Accounts Buy Form

Chapter 4 expand

Conducting Yourself with Professionalism

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Jaclyn Baker,
Carmelina M. Commito,
Dorothy Nyen-Cassidy,
Halye A. Sugarman, Esq., Middlesex Community College
Caitlyn Tobey, Medtronic

Checklist 4.1

- Considerations Relevant to a Paralegal’s Self-Audit Regarding Professionalism Buy Form

Checklist 4.2

- Recognizing Signs of Depression in a Colleague (or in Yourself) Buy Form

Checklist 4.3

- Do I Have Work-Life Balance? Buy Form

Exhibit 4A

- The Duties of a Paralegal Manager Buy Form

Chapter 5 expand

Becoming an Integral Part of the Legal Community

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Jaclyn Baker,
Carmelina M. Commito,
Dorothy Nyen-Cassidy,
Halye A. Sugarman, Esq., Middlesex Community College
Caitlyn Tobey, Medtronic

Checklist 5.1

- Am I Happy at Work? Buy Form

Exhibit 5A

- ABA Model Guidelines for the Utilization of Paralegal Services Buy Form

Exhibit 5B

- NALA Model Standards and Guidelines for Utilization of Paralegals Buy Form

Exhibit 5C

- Partial List of Pro Bono Opportunities for Paralegals Buy Form

Exhibit 5D

- Being Happy at Work Matters Buy Form

Chapter 6 expand

Preserving Confidential Information

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Jaclyn Baker,
Carmelina M. Commito,
Dorothy Nyen-Cassidy,
Halye A. Sugarman, Esq., Middlesex Community College
Caitlyn Tobey, Medtronic

Exhibit 6A

- List of Authorities Designating Material as Impounded, Confidential, or Not Available for Public Inspection Buy Form

Exhibit 6B

- Standards for the Protection of Personal Information of Residents of the Commonwealth Buy Form

Exhibit 6C

- The Paralegal’s Role in the New World of Cybersecurity Buy Form

Exhibit 6D

- Sample Clauses Commonly Included in Confidentiality and Nondisclosure Agreements Buy Form

Chapter 7 expand

Avoiding and Disclosing Conflicts of Interest

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Jaclyn Baker,
Carmelina M. Commito,
Dorothy Nyen-Cassidy,
Halye A. Sugarman, Esq., Middlesex Community College
Caitlyn Tobey, Medtronic

Checklist 7.1

- How to Identify a Possible Conflict of Interest Buy Form

Checklist 7.2

- How to Erect an Ethical Wall Buy Form

Chapter 8 expand

Disclosing Your Role and Your Title

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Jaclyn Baker,
Carmelina M. Commito,
Dorothy Nyen-Cassidy,
Halye A. Sugarman, Esq., Middlesex Community College
Caitlyn Tobey, Medtronic

Chapter 9 expand

Distinguishing One’s Role from That of a Lawyer

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Jaclyn Baker,
Carmelina M. Commito,
Dorothy Nyen-Cassidy,
Halye A. Sugarman, Esq., Middlesex Community College
Caitlyn Tobey, Medtronic

Exhibit 9A

- Navigating a Path Toward Law School Buy Form

Exhibit 9B

- Law School Tuitions in Massachusetts 2017–2018 Buy Form

Appendix

Model Code of Ethics and Professional Responsibility and Guidelines for Enforcement

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