Business Ethics

Pezzulli Presents State Bar of Texas Webinar: Parallel Prosecution

April 22, 2019 | The Law Office of Michael F. Pezzulli, PLLC

Michael Pezzulli presents Parallel Prosecution webinar for State Bar of Texas, March 2019 Michael Pezzulli conducted a live webinar for the State Bar of Texas on a popular topic, “Criminal Law and Civil Litigators: A Review of Three Little Known Federal Statutes and Parallel Prosecution” in March 2019. Attorneys with civil audit cases with a potential risk of criminal prosecution need to be aware of the many challenges involved to prepare appropriate, balanced strategies for their clients.

The curriculum fulfills 1.50 hours toward Texas MCLE requirements (.75 ethics hours). Attorneys active in the State Bar of Texas can access the recorded webinar (MCLE No: 174038645) at the Texas Bar CLE website. With this topic in high demand, Pezzulli has made the presentation handout available for anyone to download here: Pezzulli SBOT Presentation March 2019

The Great Razor Wars: How long should a razor blade really last?

November 18, 2016 | The Law Office of Michael F. Pezzulli, PLLC

patent lawsuit Gillette v. Dollar Shave Club by Michael Pezzulli

You don’t have to wait on the razor wars to end to have a sharp blade.

I’m sure most of you have seen the great ongoing patent litigation war between Gillette – of the consumer products giant Procter & Gamble – and the Dollar Shave Club. Gillette claims that the way Dollar Shave Club coats their blades with particular materials to keep them sharp violates a 2004 patent held by Gillette.

Cash Is King … Sometimes

August 10, 2016 | The Law Office of Michael F. Pezzulli, PLLC

stacks of cash describing the Banking Secrecy Act
by Michael Pezzulli

The phrase “Cash is King” evokes warm feelings from most people in the business world. However, anyone engaged in business must understand that failing to follow the rules imposed by the U.S. federal government will create a situation where cash is definitely not king.

How you handle cash can define whether you are a law-abiding citizen or are guilty of a federal crime. Whether your money was earned honestly is irrelevant. What really matters is how you deposit or withdraw your money at your local bank.

It’s in the Vault! Attorney-Client Privilege

July 20, 2016 | The Law Office of Michael F. Pezzulli, PLLC

bank vault attorney-client privilege
by Michael Pezzulli

When consulting with an attorney, how can a client feel secure from having sensitive and critical information falling into the wrong hands? When a business person is confronted with an array of technical advisors, consultants and outside experts, it may be worth its weight in gold to bring an attorney on board who can cloak the communications inside the veil of the attorney client privilege.

Ancient and Honorable

Patent Trolls and The Innovation Act

June 30, 2015 | The Law Office of Michael F. Pezzulli, PLLC

Patent Trolls and the U.S. Innovation Act
by Michael Pezzulli¹

In an earlier article, I discussed why Patent Trolling has been problematic for so many in the patent ecosystem. Fortunately, help may be on the horizon. Currently there is a bill in the U.S. Congress called the “Innovation Act.”²

The Innovation Act is significant in that it directs a party alleging patent infringement in a civil action to include in the court pleadings, if the information is reasonably accessible. It specifies details concerning:

The New Plague, Patent Trolls

May 30, 2015 | The Law Office of Michael F. Pezzulli, PLLC

by Michael Pezzulli ¹

Trolls can be first seen in Norse folklore, focused mainly in the early Scandinavian countries that the Vikings had total control over—such as Norway and Sweden. The word “troll” actually evolved over time and wasn’t the first name of this type of creature. In the Scandinavian languages, the word is actually a root for just about everything mystical and magical. “Trolleri” was considered to be a type of magic that was intended to harm others and is probably the primary source for the term “troll” for these mythological creatures were considered to be particularly malignant, especially toward humans, in stories from folklore.²

Sadly, the Troll has crawled out from under the bridge and has firmly attached itself to Patent Litigation; however, it has never lost its malignant nature, especially towards humans and the innovation industry. This malignancy has continued to spread throughout the United States. “The number of patent lawsuits filed spiked by almost 30% in 2012 to over 5,000, with some of that increase attributed to the AIA’s ‘anti-joinder’ provision…. Patent infringement litigation shows no signs of cooling off, either as a means of generating revenue or of protecting competitive advantages.”³

A Practical Guide to Presenting and Defending a Spoliation of Evidence Case

July 1, 1998 | The Law Office of Michael F. Pezzulli, PLLC

By Michael F. Pezzulli and Charles J. Fortunato Spoliation of Evidence

2016 American Bar Association Annual Meeting, Tort & Insurance Section

Spoliation of evidence seems to be on the rise. But the emergence of case law on the subject has made it easier to identify and address the problem.

Criminal Law and Civil Litigators: A Review of Three Little Known Federal Statutes and Parallel Prosecution

September 1, 1996 | The Law Office of Michael F. Pezzulli, PLLC

Parallel Prosecution
By Michael Pezzulli and Charles J. Fortunado

State Bar of Texas: Advanced Creditors’ Rights presentation – September, 1996

In the past ten years, the gulf between criminal practice and civil practice has narrowed considerably.There are several causes for this. One is the explosion of white collar criminal litigation. More pervasive use of forfeiture statutes in the pursuit of attorney’s fees has also served to bring civil litigators under the purview of criminal law. The savings and loan and drug crises have also done their part to bring civil litigators’ conduct under scrutiny of criminal statutes.

The Self-Defense Exception to the Attorney’s Ethical Obligation to Maintain Client Confidences

September 1, 1996 | The Law Office of Michael F. Pezzulli, PLLC

by Michael F. Pezzulli

couple meeting with lawyer Attorney-Client Privilege in Civil Litigation, 2nd Edition 1997 – American Bar Association

Analysis of the attorney’s obligations and rights relating to attorney client privilege when sued. Attorneys operate under a broad ethical mandate not to disclose client confidences. This ethical obligation can apply to communications made prior to the establishment of an attorney-client relationship and survives the death of the client. It is broader than the attorney-client evidentiary privilege. As incorporated into virtually all codes of professional responsibility, there is an exception to the rule allowing an attorney

Presenting Evidence in Texas Litigation: Tactical Use of Discovery and Claims of Privilege As a Sword and a Shield

January 1, 1990 | The Law Office of Michael F. Pezzulli, PLLC

holding a burning match next to photograph
By Michael Pezzulli and Charles J. Fortunado

Advanced Evidence and Discovery: Presented to the State Bar of Texas

An uncritical reading of the various opinions dealing with the use of discovery in litigation as “a sword and a shield” might conclude that it cannot be done. Notwithstanding the substantial body of case law to the contrary, discovery and claims of privilege can be used as both a sword and a shield. Indeed, it is often in the client’s best interest to use – or attempt to use – discovery and claims of privilege as both a sword and a shield.