Analysis

Ex-L’Oreal Atty Faces Tough Road In Wrongful Firing Case

Law360, New York (July 31, 2017, 2:54 PM EDT) -- While the Third Circuit has revived an ex-L’Oreal SA attorney’s claims he was wrongfully fired after refusing to file spurious patent applications, he still faces serious challenges in showing the alleged requests go beyond common, high-volume patent practices and put him in the position of violating his ethical duties, experts say.

The Third Circuit on July 25 breathed new life into the suit brought by IP attorney Steven Trzaska, finding that a New Jersey whistleblower law covers employees fired for refusing to violate professional conduct rules. Yet Trzaska potentially faces an uphill battle in a suit focused on L’Oreal’s patent quotas...

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