From “The Matrix” By Josh Lawler The concept of the collectible is fundamental to the human spirit. Children start collecting things before they can walk. The fascination with collecting only increases as we get older. For most, a collection is fairly simple. Baseball cards, luxury cars, toys, comic books, art, merit badges; sure; but people also…
By Robert Mandel, Jayashree Mitra, Ph.D., Jonathan Purow SUMMARY: Governor Andrew Cuomo’s signature on the Marijuana Regulation and Taxation Act (“MRTA”) legalizes adult-use marijuana in the State of New York, one of the largest consumer markets in the nation. While there are many steps to be taken before adult-use marijuana is available for purchase and…
By Tomas A. Ortiz City of Chicago, Illinois v. Fulton, No. 19-357, 2021 WL 125106 (U.S. Jan. 14, 2021) On January 14, 2021, the U.S. Supreme Court issued an opinion addressing a split among circuit courts on whether an entity violates Section 362(a)(3) of the Bankruptcy Code’s automatic stay provision by passively retaining possession of…
On January 4, the United States District Court for the Eastern District of Michigan granted partial summary judgment for Zuber Lawler client Auto Konnect, LLC, that BMW of North America, LLC breached a service provider contract between the parties by directly hiring all 38 Auto Konnect employees providing services to BMW, destroying that entire division…
Zuber Lawler successfully appealed a $62 million judgment to the California Court of Appeal, convincing the appellate court to modify the judgment to zero in valuation damages, and denying a plaintiff request for a retrial. Zuber Lawler also successfully defended a request for rehearing and a petition for review to the California Supreme Court. …
By Mark J. Johnston Contributors Martin P. Greene, John C. (“Jay”) Maloney, Jr., Agnés Sullivan, Giselle B. (“Gigi”) May Welcome to the second issue of the Zuber Lawler Covid-19 Task Force Client Alert. This one is designed to provide useful suggestions to human resource personnel. We have made it easy for you to simply review the contents and forward…
By Martin P. Greene Contributors John C. (“Jay”) Maloney, Jr., Agnes Sullivan, Giselle B. (“Gigi”) May, Mark J. JohnstonClient Alert from the Zuber Lawler COVID-19 Task ForceThese are challenging times for employers and employees alike in navigating the host of changes necessitated by COVID-19, the respiratory disease caused by the SARS-CoV-2 virus.Zuber Lawler has created a task force to…
Congratulations Josh Lawler, Jim Robertson, and Sarah Fernandez on representing Lencore Acoustics, Inc. (Lencore) in its sale of its sound masking business to Emmis Communications Corporation (Emmis). Lencore is the world leader in high-quality sound masking solutions for offices and other commercial applications. The transaction included the retention and rebranding of Lencore’s mass notification system…
By Dr. Jayashree Mitra and Brian Beck PTAB Judges are Unconstitutionally Appointed Principal Officers In a unanimous decision last week, the Federal Circuit found that the administrative patent judges (APJs) at the Patent Trial and Appeal Board (PTAB) are principal officers of the United States, and thus that their appointment by the Secretary of Commerce violates the Appointments…
By Dr. Jayashree Mitra and Brian Beck Claim Construction of “Wherein” Clause May Be Contingent On Prosecution History The Federal Circuit’s recent decision in Allergan Sales, LLC v. Sandoz, Inc., No. 2018-2207 (Fed. Cir. Aug. 29, 2019) (“Allergan”) illustrates how arguments made during prosecution with regards to the term “wherein” can turn the tide on invalidity arguments at…
