Balancing the requirements of Fed. R. Civ. P. 11 and Rules 4.1 and 4.3 of the Colorado Rules of Professional Conduct
Thursday, February 3rd, 2011Fed. R. Civ. P. 11 requires a lawyer to make a reasonable inquiry before asserting a patent/copyright/trademark infringement claim in a complaint. Often, to satisfy the Rule 11 obligation, an IP lawyer, directly or through non-attorney staff or a private investigator, may need to collect information from unrepresented or represented third parties. For example, in [...]