Arizona | Legal Overview
November 24, 2021 | Cannabis Law Updates - Featured, Uncategorized
By Janet Jackim, Partner, Cannabis Practice Chair In just the first six months of Arizona’s adult-use marijuana program, which commenced in January 2021, the state received combined medical and adult-use tax revenue totaling nearly $75 million. With combined sales in March 2021 reaching $120 million, according to the Arizona Department of Revenue, $1 billion in… More
New Jersey Rolls Out Dates for Processing Cannabis Business Applications
November 18, 2021 | Cannabis Law Updates
By Jonathan M. Purow, Counsel At its meeting on November 10, 2021, the New Jersey Cannabis Regulatory Commission announced that it will start accepting applications for cultivation, manufacturing, and testing lab licenses on December 15, 2021, and applications for retail licenses on March 15, 2022. The applications will be accepted and approved on a rolling… More
Zuber Lawler Transaction Announcement
November 16, 2021 | Press
Zuber Lawler represented Ken Real Estate, a major Japanese real estate firm and a longstanding firm client, in sale of its Lake Tahoe Resort Hotel, a 400-room hotel in South Lake Tahoe, California, to Brookfield Properties, a very large U.S.-based real estate firm. The Lake Tahoe Resort Hotel is the largest hotel in the Lake… More
Zuber Lawler Contributed, “The Digital Asset Handbook” Available Now
November 12, 2021 | Blockchain Law Updates - Featured
As the financial markets change, today’s investors need concise, constructive, and insightful subject matter experts to provide bite-sized pieces of in-depth knowledge in an easy-to-read format. Clear Rating, its affiliates, Josh Lawler, and co-authors ranging from leading financers, attorneys, regulators, and analyst came together for one simple purpose, provide “The Digital Asset Handbook” to help… More
Zuber Lawler Earns #1 Spot in Law360’s 2021 Diversity Snapshot Survey
October 27, 2021 | Press
Zuber Lawler is proud to announce that it has been ranked #1 in Law360’s recent law firm diversity survey 2021 Diversity Snapshot, and boasts greater diversity in its equity ranks than all other law firms participating in the survey. The survey shows that the U.S. legal industry as a whole continues to struggle with a… More
Zuber Lawler Assisted Houston-Based Investment Bank and Crypto Expert Entoro Capital
October 18, 2021 | Press
Zuber Lawler assisted Houston-based investment bank and crypto expert Entoro Capital, which has partnered with private equity firm Valhil Capital to create an NFT that has been sold as a security. Valhil Capital underwrote the sale and Entoro Capital acted as a broker-dealer. Entoro raffled off nine of the ten minted NFTs based on a… More
Juniper Networks Patent Litigation Transferred to ND Cal From Waco Division
September 27, 2021 | Press
By: Jennifer C. Kuhn, Partner The Federal Circuit issued a mandamus order transferring Brazos Licensing’s patent litigations against Juniper Network from the Western District of Texas, Waco Division (Albight J.) to the Northern District of California for convenience under 28 U.S.C. section 1404(a): http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/21-160.ORDER.9-24-2021_1839676.pdf Witness Convenience is paramount, even if testimony time is limited: The… More
Zuber Lawler Wins $66 Million Arbitration Award For Clients Royal Innovation Group, LLC and Crown City Enterprises, LLC
September 24, 2021 | Press
On October 26, 2020, the Hon. Joseph R. Brisco (Ret.) awarded Zuber Lawler clients over $65 million after an arbitration over the breach of a cannabis licensing and distribution contract, as well as related business torts. The specifics of the underlying deal concerned a license and distribution arrangement for The Weekend Box, an immensely popular… More
Why and When an Appellate Litigator Should be Hired
September 13, 2021 | Appellate Law Update
By Robert A. Mandel, Partner & Head of Appellate Practice Group Those of us fortunate enough to litigate cases in the appellate courts are often asked if and when trial counsel should turn to us for assistance. We get those questions all the time—particularly from our clients’ in-house counsel and trial attorneys. And it should… More
New ABA Book: “Building the Rule of Law: Firsthand Accounts From a Thirty-Year Global Campaign”
September 10, 2021 | Press
Cannabis Administration and Opportunity Act: Senate Majority Leader Schumer Pushes for Legalization
July 19, 2021 | Cannabis Law Updates
By Robert A. Mandel, Dr. Jayashree Mitra, and Jonathan M. Purow Despite the absence of White House support, United States Senate Majority Leader Charles Schumer (D-N.Y.) unveiled on Thursday a preliminary draft of the ambitious Cannabis Administration and Opportunity Act (“CAOA”), which, if enacted, would decriminalize cannabis if cultivated, manufactured, sold, administered, used, and possessed in a regulatory-compliant manner and preserve at least parts of existing… More
Portland Engineering Inc., and Thompson Duke Industrial LLC settle patent infringement litigation against ATG Pharma Inc. and Advanced Integrated Robotics Inc.
July 14, 2021 | Cannabis Law Updates, Press
Portland Engineering Inc. and its wholly-owned subsidiary Thompson Duke Industrial, LLC, (collectively “Portland Engineering”) announce that they have entered into a settlement agreement with Canadian defendants ATG Pharma Inc. and Advanced Integrated Robotics Inc. (collectively “ATG Pharma”), ending the patent disputes between the companies. Portland Engineering had filed a patent infringement action against ATG Pharma… More
Bill Decriminalizing Possession of Psychedelics Approved by California Lawmakers
June 9, 2021 | Psychedelics Law Updates
By Tom Zuber and Radhi Shah The State of California took a step closer to decriminalizing possession of psychedelic drugs as the senate passed a bill SB 519, 21-16 on a floor vote. The bill, sponsored by Sen. Scott Wiener, cleared three separate committees. The State Department of Public Health would be required to establish… More
Zuber Lawler Welcomes Leading IP Litigator Grace Pan as a Partner in its New York Office
May 3, 2021 | Press, US Law Updates
Zuber Lawler gratefully announces the addition of Asia-focused IP litigation partner Grace Pan to its New York office. “Grace Pan is an internationally-recognized attorney in relation to intellectual property matters with a nexus with Asia, particularly Taiwan, China, and Japan,” says Managing Partner Tom Zuber. “My partners and I are thrilled to incorporate her incredible… More
Non-Fungible Tokens
April 26, 2021 | Blockchain Law Updates, US Law Updates
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… More
Zuber Lawler Welcomes Pioneering Cannabis Attorney Lisa Pittman as a Partner in its Austin Office
April 15, 2021 | US Law Updates
Zuber Lawler gratefully announces the addition of Partner Lisa Pittman, an Austin-based litigator and pioneering figure in the emerging legalized hemp/cannabis industry in Texas. “Lisa Pittman is a highly accomplished litigator and regulatory attorney, and a pioneering figure in the emerging hemp/cannabis industry in Texas,” says Managing Partner Tom Zuber. “As far as I can… More
Zuber Lawler represented DLT Element, LLC and Distributed Ledger Technologies, LLC
April 14, 2021 | Blockchain Law Updates, Press
Zuber Lawler represented DLT Element LLC, Distributed Ledger Technologies, LLC, and related entities, in the sale of assorted assets including rights to revenue derived from Bitcoin mining activities, equity and derivative securities and digital assets including tokens, SAFTs and rights to receive tokens pursuant to smart-contract lock-up release to Element ASA, a Norwegian entity listed… More
We Are Open For Business – Legalization of Adult Use Cannabis in New York
April 2, 2021 | Cannabis Law Updates, US Law Updates
Zuber Lawler Opens New Office in Austin
March 9, 2021 | Press
Zuber Lawler gratefully announces the addition of Austin-based intellectual property litigator Jennifer Kuhn, and the opening of its new office in Austin, Texas. “Austin is the new technology capital of the United States, and as a technology-focused law firm, my partners and I have decided that we must have an office there,” says the firm’s… More
Zuber Lawler Represents Auto Konnect in Summary Judgement Victory Against BMW of North America, LLC
January 6, 2021 | US Law Updates
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… More
Cannabis, Hemp and the Evergreen Promise of Bankruptcy
January 7, 2021 | Cannabis Law Updates
By Tomas A. Ortiz It has now been two years since the 2018 Farm Bill became law and, despite legalization, the hemp industry continues to experience some choppy waters. There remains inconsistency and uncertainty surrounding regulatory framework (both at state and local levels), litigation and uncertainty with the DEA, ongoing access challenges to banking and… More
Russia’s Crypto Laws Remain Ambiguous Ahead of Second Bill
October 12, 2020 | Blockchain Law Updates, Blockchain Law Updates - Featured
By: Josh Lawler Contributors: Olga Gladkova and Dmitry Gladkov Russian President Vladimir Putin signed a bill into law in late July that gives cryptocurrencies legal status, but prohibits them from being used as a payment method. It is the first major legislation for the digital currency industry in the transcontinental country. It comes… More
Zuber Lawler Represents Topolewski and Mu in Appeal and Defense Victory; Judgment Modified From $62 Million to Zero
May 1, 2020 | US Law Updates, US Law Updates - Featured
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. … More
Adjusting to the New Normal: Practical Tips for Working From Home
April 17, 2020 | US Law Updates
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… More
COVID-19 Executive Orders: Is Your Business Essential?
| US Law Updates
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… More
Zuber Lawler Represents Lencore Acoustics in Sale of Sound Masking Business to Emmis Communications Corporation
March 19, 2020 | US Law Updates, US Law Updates - Featured
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… More
Phantom Tax Consequences on Receipt of Digital Assets by Airdrop
December 5, 2019 | Blockchain Law Updates, Blockchain Law Updates - Featured
On October 9th, 2019, the IRS released long awaited guidance on the taxation of cryptocurrency through Rev. Ruling 2019–24 and an associated FAQ, including their guidance on treatment of airdrops. The IRS takes the controversial position that the airdrop equates for taxation purposes to a dividend. As a corollary, an involuntary (and perhaps unknowing) recipient of an airdropped… More
PTAB Judges Demoted by the Federal Circuit in Arthrex v. Smith: A New Challenge to the Constitutionality of PTAB Proceedings
November 13, 2019 | US Law Updates, US Law Updates - Featured
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… More
Allergan V. Sandoz Emphasizes Importance Of Prosecution History In Construing “Wherein” Clauses
September 27, 2019 | US Law Updates, US Law Updates - Featured
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… More
Zuber Lawler Congratulates its Client AAMP on PTAB Victory
September 19, 2019 | US Law Updates, US Law Updates - Featured
AAMP is the technology leader in aftermarket stereo equipment that allows a driver to control a replacement car stereo using existing controls on a steering wheel. After settling an action for infringement of two of its patents, the defendant instigated reexamination proceedings, during which the Patent Examiner found that the patents were invalid based on new… More
Luxembourg Moves Closer to Becoming EU’s First to Legalize Cannabis
August 26, 2019 | Cannabis Law Updates
Luxembourg’s Health Care Minister Etienne Schneider recently elucidated on the country’s hope to legalize recreational cannabis within the next two years, which would make it the first to pass such laws in the EU. The Health Ministry and the Minister of Justice will submit a draft to the Government Council this fall. If the Government… More
Zuber Lawler Congratulates its Client Redbubble on a Groundbreaking Summary Judgment Victory
| Press
Redbubble is a global online marketplace platform, on which third-party artists upload and sell creative designs on everyday products such as apparel, phone cases, stickers, and the like. LTTB claimed that some of the listings on Redbubble infringed its “Lettuce Turnip the Beet” trademark by prominently displaying that pun in large fonts across t-shirts and… More
Assessing Your Exposure to Helms-Burton Title III Claims for Cuban Expropriated Property
August 17, 2019 | International Law Updates
In 1959 Fidel Castro’s regime seized billions of dollars’ worth of property as he overthrew a U.S.-backed Havana to establish a socialist state and concretize relations with Cuba’s emerging Soviet allies. The properties seized by Castro, 90% of which were owned by individual Americans[1] (and the other 10% owned by corporations),[2] were one of the… More
The Real Winners in Prosecuting Unlicensed Cannabis Retailers? The Promoters
June 28, 2019 | Cannabis Law Updates, Cannabis Law Updates - Featured
Unlicensed cannabis retailers take away tax revenue from state and local governments, and force those governments to divert needed public funding for investigation or prosecution. Unlicensed cannabis puts financial pressure on legal operators that are struggling to apply, comply, and prosper. Lack of quality control at unlicensed cannabis businesses also poses a public health risk… More
Congratulations to Eileen Letts: Recipient of The ABA Margaret Brent Women Lawyers of Achievement Award
March 29, 2018 | US Law Updates - Featured
Congratulations to Eileen Letts Recipient of The ABA Margaret BrentWomen Lawyers of Achievement Award The purpose of the American Bar Association Margaret Brent Awards is to recognize and celebrate the accomplishments of women lawyers from around the country who have achieved professional excellence in their practice areas and paved the way to success for other… More
Zuber Lawler Secures Dismissal of Health Supplement Distributor’s Civil RICO Claim
April 23, 2018 | US Law Updates
Zuber Lawler client CNV.com secures dismissal of a health supplement distributor JST Distribution’s civil RICO claim. Although the Court permitted Plaintiff an opportunity to amend its RICO claim, the Court further admonished Plaintiff’s counsel to consider the possibility of Rule 11 sanctions if including RICO claims in its anticipated amended pleading. Id. at 12. CNV.com is an… More
Congratulations to Martin Greene and Eileen Letts: on Crain’s Chicago’s Notable Minority Lawyers
November 28, 2018 | US Law Updates
Congratulations to Martin Greene & Eileen Letts This list aims to recognize those who are making incredible strides towards causes of both justice and equality. Through their work, they have improved the legal profession and inspired all generations of diverse lawyers. Their accomplishments and professional excellence holds a standard in the industry for all who desire to… More
Your ICO/TGE is subject to the US Securities laws; now what?
November 1, 2018 | Blockchain Law Updates - Featured
The Security/Utility Fallacy. (Blame the attorneys for this one) Fundamental Problem: A token can have utility and be a security at the same time. The token that you sell to raise capital (as a security) must, at some point become an unrestricted utility token so that it will function in your company’s token economy. In… More
USPTO Replaces Broadest Reasonable Claim Construction Standard for IPRs, PGRs, and CBMs
October 1, 2018 | US Law Updates
In a final rule published in the Federal Register, the United States Patent and Trademark Office (USPTO) announced that it is replacing the “broadest reasonable interpretation” standard with the federal court claim construction standard for IPRs, PGRs, and CBMs. This new claim construction standard is consistent with that articulated in Phillips v. AWH Corp., 415… More