Litigation

In litigation matters this week, the firm prepared and filed a motion to open a default. Later in the week, I traveled to attend a trial management conference and filed a motion for a continuance. This was backed by a client’s affidavit detailing their real-world difficulties in obtaining counsel. Sometimes securing representation takes time; apprising the court of those hurdles can help get a continuance of pressing matters. In the same matter, I also filed a request for leave to amend an answer and counterclaim, so as to better state a quiet title claim.

In a separate dispute, the firm prepared and filed a motion for contempt for failure to disclose assets as ordered by the court for a prejudgment remedy.

Discovery issues also required attention: in a third case, I reviewed an objection to a notice of inspection, got on the phone with opposing counsel to hash it out, and ultimately re-served an updated notice.

We also spent time carefully reviewing requests for admission—and drafting the responses—with a commercial client.

Legal research took up a good chunk of the week, specifically diving into the statutory definitions of loans and the nuances of tax refund anticipation loans. This involved reviewing a specialized Risk Agreement and a UCC-1 filing to advise a client navigating a complex financial landscape.

Intellectual Property

The intellectual property desk was particularly busy. For two pending patent applications, the firm prepared responses to USPTO office actions, including an amended specification, claim amendments, and a response to a restriction requirement. Navigating these procedural hurdles and paying the necessary extension and surcharge fees is standard practice on the path to securing allowance. The firm also handled routine patent maintenance fees for an optical lab client and conducted a thorough trademark risk assessment for another client.

Transactions

On the transactional side, “small” contract reviews continue to provide value and risk mitigation for our clients. I closely reviewed, edited, and returned a New Jersey customer agreement for a commercial energy installer, and prepared a customized “reduced services” agreement for an information technology services and security provider.

Finally, I studied the legal obligations surrounding a tricky cybersecurity scenario: a data breach affecting a client’s client. Data breaches are complicated enough on their own, but assessing the downstream liabilities and notification requirements when your client is the intermediary requires very careful statutory analysis.