Atty's Fees, Motion, Objections, IP, Bankruptcy, E Filing Flashcards
What is the name of the current federal bankruptcy law?
Bankruptcy Abuse Prevention & Consumer Protection Act of 2005
Bankruptcy liquidation is found in ___ of the Bankruptcy Code
Chapter 7
If a business wants to file for bankruptcy to allow it to reorganize and emerge as a going business, it would file under
Chapter 11
The rehabilitation form of bankruptcy that can be filed by an individual is found in __ of the Bankruptcy Code.
Chapter 13
What does the 2005 Act require an individual filing for bankruptcy to receive before it files a petition?
Pre-Petition Counseling
If an attorney represents a debtor in a bankruptcy proceeding, and the information in one of the schedules is wrong, what kind of punitive measures can be ordered against the attorney by the court?
Fined
&
Sanctioned
Property that can be retained by a debtor in a bankruptcy case is called
Exempt Property
In terms of intellectual property law, tell what category of IP does Product formula fall under?
Trade Secrets
In terms of intellectual property law, what category of IP does Movie scripts fall under?
Copyright
In terms of intellectual property law, what category of IP do customer lists fall under?
Trade Secrets
In terms of intellectual property law, tell what category of IP do newspapers fall under?
Copyright
In terms of intellectual property law, tell what category of IP do machines fall under?
Patent
In terms of intellectual property law, tell what category of IP do processes fall under?
Patent
If I steal a trade secret, am i subject to civil penalties, criminal penalties, neither, or both?
Civil penalties
Why was the Court of Appeals for the Federal Circuit in DC created?
To hear patent appeals in order to promote uniformity in patent law
Where must all patent applications be filed?
United States Patent & Trademark Office
How long does a patent last on an article of manufacture?
20 years
GATT stands for
General
Agreement on
Tariffs &
Trade
WTO stands for
World
Trade
Organization
For patents, the U.S. follows the “first to ___” rule.
invent
If I write an opera, do I have to put a C(with circle around it) on it to protect my copyright?
No
Where do I register a copyright?
United
States
Copyright
Office
If I copy a small part of a novel for a paper I’m writing for a college class, am I violating copyright law?
No
What if I use an article by an industrial safety expert for a motion I’m drafting at a law firm. Is that a violation?
Yes
What’s the difference between my copying/using an article written by an auto accident expert and the opinion written by the court in an auto accident case in terms of copyright law?
Opinion of the court is allowed by the Fair Use Doctrine. Auto expert article would be copyright infringement.
DMCA stands for
Digital
Millennium
Copyright
Act
For what period of time is a trademark registration valid?
10 years.
Unlimited renewal every 10 years.
What is the legal significance of putting TM or SM on a mark?
No significance.
What is the most common contract for attorney?
Hourly Fee Agreement
what does the Hourly Fee Agreement include?
- what hourly fee will be
- hourly rates for: paralegals, law clerks and time who is billed
- should be specify the increments
what is the most common increments in billing clients?
6 minute increments because an hour is divided into 10 parts
Pre Litigation Settlement Contingency Percentage
33%
Case Filing Contingency Percentage
40%
Trial Contingency Percentage
45%
50% Rule
Some attorney’s have 50% rule that provides client will get to keep half the award or settlement amount, even if that means some expenses will have to paid by the attorney, rather than the client.
What is the less popular attorney agreements?
Flat Fee Agreement
Flat Fee Agreement
- give client a flat amount
- no billing of hours
- two tiered - this amount if we do this and if we have to go and a little further then it will be this amount
- must include that it terminates after this specific matter
- Criminal defense attorneys use
Contingency Fee Agreement
- attorney doesn’t take anything in advance
- attorney doesn’t get anything unless they win & still has to pay expenses
- if they win they get a percentage
Is there a maximum amount an attorney can charge?
No, they can charge $2K an hour
Statutory Attorney Fee Contracts
- client won’t pay any fees and if attorney wins attorney fees will be awarded
Motion to Dismiss
asks the court to decide that a claim, even if accepted as true, is not one for which the law offers a remedy
___ is an amount of money that the attorney requires the client to pay in anticipation of hours to be billed.
Retainer
Where must unearned fees from a _____ ___ be maintained?
retainer fee
IOLTA account
Definition of a motion
a procedural device to bring a limited, but contested, matter before a court for a decision.
When can motions be made?
They can be made at any point in the proceedings - but it could be regulated by each individual court.
What has the motion to dismiss taken the place of?
Common law demurrer in most modern civil practice
What happens if a motion to dismiss is granted?
the claim is dismissed without any evidence being presented by the other side.
What type of motion asks the court to decide that certain evidence may or may not be presented to the jury at trial?
Motion
in
Limine
Are Motion for Summary Judgment hearings evidentiary or non-evidentiary hearings?
evidentiary hearings
What motion asks the court to decide that the available evidence supports a ruling in favor of the moving party?
Motion
for
Summary
Judgment
What type of contract is where the attorney takes no money upfront and are only paid if they win and court awards attorney fees
Statutory Attorney Fee
