Stay up to date with the latest news and occurrences in US Law Updates, Blockchain Law Updates, Cannabis Law Updates and Esports Law Updates
In this multi-part series, Zuber Lawler Partner Josh Lawler responds to questions from the U.S. Securities and Exchange Commission in accordance with a request for comments from Commissioner Hester M. Peirce. You can view his responses to questions five through six here. There Must Be Some Kinda Way Out of Here[1] Part III — Public Offerings…
In this multi-part series, Zuber Lawler Partner Josh Lawler responds to questions from the U.S. Securities and Exchange Commission in accordance with a request for comments from Commissioner Hester M. Peirce. You can view his responses to questions one through four here. There Must Be Some Kinda Way Out of Here[1] Part II — Security…
On Friday, February 21st, 2025, the U.S. Securities and Exchange Commission put out a statement from Commissioner Hester M. Peirce, requesting comments on forty-eight questions issued by The Task Force. Zuber Lawler Partner Josh Lawler has responded to the first four questions. There Must Be Some Kinda Way Out of Here[1] Part I — Security…
Article by: Carla Pareja Paris, Gerold W. Libby, and Tom Zuber Breaking with decades of established practice, the White House announced a temporary suspension of enforcement of the Foreign Corrupt Practices Act (FCPA), aimed at bolstering American economic interests and national security. According to the Trump administration, this decision is designed to recalibrate the enforcement…
Although last week the U.S. Drug Enforcement Agency’s Administrator, Anne Milgram, approved over two dozen witnesses to testify at the upcoming December 2, 2024, hearing on the Biden administration’s rescheduling proposal, a few days later Chief Administrative Law Judge John Mulrooney took issue with the qualifications of those witnesses and issued a preliminary order postponing…
Congratulations to Partner Robert A. Mandel on being named among the 2024 Top Lawyers for Appellate Law in PHOENIX magazine. This recognition is a testament to Robert’s dedication and exceptional skills in appellate advocacy. We are proud of his continued contributions to our firm’s success and the outstanding service he provides to our clients.
We would like to bring to your attention several significant changes to Illinois employment laws that will take effect soon and others that took place recently, impacting all employers in the state of Illinois. If you have or plan to have employees in the state of Illinois, it is crucial to review and update your…
Zuber Lawler is proud to announce its attorneys who earned recognition in the 2025 edition of The Best Lawyers in America®. Please join us in applauding these five outstanding professionals on this great achievement! Janet E. Jackim, Partner, Phoenix – Real Estate Robert A. Mandel, Partner, Phoenix – Appellate Gerold Libby, Partner, Los Angeles –…
Zuber Lawler is proud to announce that it has earned a top-five spot in Law360’s 2024 Diversity Snapshot, which measures diversity in the equity ranks of law firms across the country. Zuber Lawler also ranked in the top-five of all firms with 100 or fewer attorneys participating in the survey nationwide based on the diversity…
Congratulations to the City of Chicago on its completion of a $227,925,000 bond deal. The City of Chicago will use the proceeds from the sale of the bonds to refund certain Outstanding Second Lien Wastewater Transmission Revenue Bonds of the city. Zuber Lawler served as co-bond counsel for The City of Chicago, with Zuber Lawler’s…
Article by: Janet Jackim In this article, we report not only on the expected implications from cannabis’ rescheduling but also on numerous surprises to the cannabis industry as a result of the expected reclassification of cannabis as a Schedule III drug, which was announced to the public on April 30, 2024 and the proposed rescheduling…
Article by: Tom Zuber, Janet Jackim, and Jim Ickes The Drug Enforcement Administration (DEA) has recently clarified its stance, indicating that THC-A, a precursor to the psychoactive compound THC, does not qualify as legal hemp under current federal law. This statement comes at a pivotal moment as legislative bodies consider amendments to the upcoming Farm…
We are delighted to share that Zuber Lawler’s appellate practice has been ranked #1 in the 2024 edition of RANKING ARIZONA® The Best of Arizona Business. This recognition from the Arizona business community means the world to us. Special thanks to Robert A. Mandel, who leads our firm’s Appellate Practice Team. To our peers, clients,…
Article by: Josh Lawler, Gerold Libby, Carla Pareja Paris The Corporate Transparency Act, 31 U.S.C. §5336 (“CTA”), comes into effect January 1, 2024. The CTA mandates that entities, both existing and newly formed U.S. business entities, as well as foreign business entities registered in the U.S., must file reports of beneficial ownership with the Financial…
Article by: Counsel Jim Ickes Ohio has reached a pivotal moment in its history, joining 23 other states in legalizing recreational marijuana for adults over the age of 21. The passage of Issue 2 marks a significant shift in the state’s approach to cannabis, reflecting changing attitudes and paving the way for a new legal…
Article by: Associate Michael A. Carlin Several major legal cannabis companies in California are facing allegations of violating state law by collaborating with and signing labor peace agreements with organizations claiming to be labor unions but who have failed to genuinely advocate for workers’ rights. According to California law, cannabis companies with over 20 employees…
Zuber Lawler, led by Chicago partner Brian Beck, obtained a victory for its client RJITSCT LLC dba Respect The Look, including sanctions and a fee award against a “Schedule A” plaintiff. Respect The Look sells memorabilia online including a variety of decorative flags. It was surprised to find its PayPal account frozen around December 2021…
Article by: Radhi Shah, Janet Jackim, and Tom Zuber Summary In a groundbreaking development on August 29, 2023, the United States Department of Health and Human Services (HHS) recently concluded that, based upon its research into medical responses to the use of marijuana, scientific research evidence, and medical evaluations, it should not be a Schedule…
Article by: Associate Michael A. Carlin In a post-adjournment session on June 20, 2023, the New York State Assembly took a significant step toward banning employers from requiring employees to enter into non-compete agreements. The bill, A1278B/S3100A, has passed the New York State Assembly and previously passed the Senate. It is now awaiting further possible…
Zuber Lawler is proud to announce that for the third year in a row it has been ranked #1 in Law360’s 2023 Diversity Snapshot, which measures diversity in the equity ranks of law firms across the country, sharing the honor with three other law firms. Zuber Lawler also ranked in the top 10 out of all law…
Yesterday we received a decision on the cross motions for summary judgment in SEC v. Ripple. Full text of decision: https://storage.courtlistener.com/recap/gov.uscourts.nysd.551082/gov.uscourts.nysd.551082.874.0_2.pdf Judge Torres stated categorically that a token is not automatically an investment contract. The sale of tokens can be a security in certain circumstances, but two problem areas appear to have tipped strongly in…
Zuber Lawler extends warmest congratulations to long-time client Bitcoin Depot, the world’s largest crypto ATM operator, on their successful inclusion in the NASDAQ trading system. This remarkable achievement follows their transaction with special purpose acquisition company (SPAC) GSR II Meteora (GSRM). Bitcoin Depot’s expansive network of over 6,000 crypto ATMs across the United States, commanding…
Article by: Associate Michael A. Carlin Noncompete clauses in employment contracts have long been a controversial topic. The debate has gained new momentum this year with the Federal Trade Commission (FTC) proposing a rule to ban such clauses with workers. The FTC issued a Notice of Proposed Rulemaking (NPRM) on January 5, 2023, which proposes to…
Zuber Lawler is deeply saddened to announce the passing of our dear friend and colleague Martin P. Greene. After a courageous battle with cancer, Martin passed away on April 3, 2023, surrounded by his loved ones, leaving behind a legacy of excellence in the legal field. Born and raised in Chicago, Martin was passionate about…
We are thrilled to announce that Zuber Lawler’s appellate practice has been ranked #1 in the 2023 edition of RANKING ARIZONA® The Best of Arizona Business. Our team is truly honored to receive this recognition from the Arizona business community. A big thank you to Robert A. Mandel, who heads our firm’s Appellate Practice Team.…
Article by: Counsel Tomas Ortiz Every year there is a case or two that promises change in what has been considered by many as an insurmountable wall of law – that is, bankruptcy relief is not available for those distressed businesses who transact in or around cannabis. And, every year, that case or two…
Article by: Associate Michael A. Carlin The #MeToo movement has led to the passing of several notable federal laws to address sexual harassment in the workplace. On December 7, 2022 President Biden signed another such law, the Speak Out Act. The Speak Out Act prohibits the enforcement of pre-dispute, non-disclosure or non-disparagement clauses related to…
Article by: Partner Christopher Parrington In 1964, Minnesota music legend Bob Dylan warned the world that “the times they are a-changin.” Sixty years later and this lyric is true with regard to Minnesota’s cannabis industry. Within the first few days of the 2023 legislative session, a bill was introduced for the legalization of recreational cannabis…
Zuber Lawler is thrilled to announce the elevation of Associate Brian Beck to Partner, effective immediately. “Brian exemplifies the talent, work ethic, leadership, excellence, and commitment to clients that has made Zuber Lawler a go-to firm for leading companies throughout the world,” says Managing Partner Tom Zuber. “It’s been an honor to work with Brian…
We are thrilled to announce that Zuber Lawler Partner Eileen M. Letts has been elected to serve as a trustee on the National Judicial College board! Ms. Letts is a highly respected and accomplished member of the legal community, and we know that she will bring valuable insights and experience to this important role. Congratulations,…
Article by: Counsel Tomas Ortiz As the end of 2022 quickly approaches, where are we on a federal cannabis program? Federal legalization remains frozen in time – re-scheduling versus de-scheduling, the SAFE Act, the MORE Act; none of these important cannabis initiatives is settled. Biden’s pardon gave people something to talk about, but did it…
Article by: Janet Jackim, Co-Chair of the Cannabis Practice Group, jjackim@zuberlawler.com. (Phoenix, Arizona) New MMJ Licenses to be Issued. Yes, Arizona’s Department of Health Services recently (the day before Thanksgiving, 2022) notified the public that it may issue new medical marijuana licenses in February or March, 2023. Historical Context. Historically, Arizona voters narrowly passed Prop…
Zuber Lawler represents the interests of an ad hoc group of entities who received investment from Alameda Research and FTX Ventures. If Alameda Research or FTX Ventures invested in your company, that investment will now be up for public sale through the bankruptcy process. Through that process, you may be asked (compelled) to make public…
Article by: Girogia Giordani When it comes to thinking of sectors that benefit from the transformative power of technology, healthcare is probably on the front line. The connection between healthcare and technology is not new, and the success of the synergy between the two sectors is linked to better care and diagnosis, improved patient experience,…
Article by: Brian Beck On July 13, 2022, the House of Representatives passed H.R. 7535, the “Quantum Computing Cybersecurity Preparedness Act.” Because quantum computing has the capability to defeat the primary methods of encryption used by government and industry today, scientists and government officials have been working to develop a plan for post-quantum cybersecurity, as…
Article by: Partner Christopher Parrington In 1996, California became the first state to legalize medical marijuana. Sixteen years later, Colorado and Washington legalized recreational cannabis. The industry has since exploded. To date, 19 states have legalized recreational cannabis. Eighteen states have legalized medical marijuana, and 10 states have legalized cannabidiol (CBD) or low-THC cannabis. In…
Article by: Counsel Raza Lawrence On October 6, President Joe Biden announced that he will be issuing pardons to everyone who has been convicted of “simple possession” of marijuana in federal courts. At the same time, President Biden directed Xavier Becarra, the head of the Department of Health and Human Services, along with the Attorney…
On July 28, 2022, following a two-week trial, Zuber Lawler secured a jury verdict awarding over $3 million in damages for its client Auto Konnect, LLC, against BMW of North America, LLC for breach of contract. Auto Konnect was a vendor that provided dealership training services for BMW from 2008 through 2018, growing that section…
By: Counsel Raza Lawrence The cannabis industry is gradually becoming more widely accepted in America and starting to feel more like a normal part of the economy. For decades, cannabis was bought and sold outside the law. In the illicit market, norms and standards developed organically and were enforced not in the courts, but…
By: Counsel Raza Lawrence In New State Ice Co. v. Liebmann, U.S. Supreme Court Justice Louis Brandeis in 1932 referred to the 50 states as laboratories of democracy, writing: It is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose, serve as a laboratory…
Zuber Lawler is proud to announce that for the second year in a row it has been ranked #1 in Law360’s recent law firm diversity survey, the 2022 Diversity Snapshot, and boasts greater diversity in its equity ranks than all other law firms participating in the survey. “We are excited to receive this recognition…
By: Counsel James Raza Lawrence California recently provided a jolt to its cannabis industry by eliminating its cannabis cultivation tax, effective July 1, 2022. The cultivation tax has, for years, created a drag on California’s licensed cannabis market and caused many businesses to continue operating in the illicit, unlicensed market. Given that the cannabis…
By: Counsel Tomas Ortiz As businesses struggle through the rough currents of today’s economy, inflation, and post-pandemic conditions, many are considering and reconsidering their options in navigating through the rough seas and rocky shores – how to survive and stay in business or how to exit gracefully and effectively. This is particularly true in…
Esports Insider and law firm Zuber Lawler have collaborated to launch the U.S. Esports Gambling Report, a white paper that provides a detailed snapshot and overview into esports betting regulation developments through the end of 2021. The report, available on ESI Marketplace, meticulously runs through each U.S. state’s current esports betting legislation (accurate as of…
By: Partner Janet Jackim Randomized Drawing to the Select Few. On April, 8 2022 the Arizona Department of Health Services conducted a digital lottery on approximately 1,500 applications to award 26 adult use only marijuana dispensary licenses. The drawing did not disappoint several regional and multi-state operators who had partnered with sometimes hundreds of…
By: Counsel Tomas Ortiz Almost four years after the passage of the 2018 Farm Bill, California is taking another significant step toward regulating hemp-derived CBD. Legislative efforts to regulate CBD in California have failed, until last year, when the state finally passed Assembly Bill – 45, which allowed for the inclusion of hemp and…
By: Associate Michael A. Carlin Complying with California’s regulations related to cannabis businesses can be challenging. However, it is important to keep in mind that compliance with the Department of Cannabis Control is only one aspect of the requirements imposed by California state law. Overlooking compliance with California’s labor code can result in cannabis businesses…
Zuber Lawler client Socios has announced its partnership with 13 NFL teams. This announcement was a long time coming and based on a great deal of work in which we played an instrumental role. Key contributors included: Josh Lawler, James Boyajian, Sarah Fernandez, Jennifer Kuhn, Dariya Cherkasskaya, and Renee Boyce. We look forward to conducting…
By: Of Counsel Mark Bloomberg Successfully bringing a new quantum product to market presents a number of challenges. First, you have to create the product. Second, there must be demand for that product in the market. Third, you have to compete with others in that market. And, fourth, you have to produce a reliable…
By: Counsel Jonathan Purow It is an exciting time in New York, as there is finally momentum towards the first sales in the adult-use cannabis market. Just weeks after Governor Hochul signed a bill to permit qualified hemp farmers to start growing the first batch of adult-use cannabis, the Cannabis Control Board has released…
By Counsel Lolla Stovall Cannabis sales are accelerating swiftly as legalization efforts push through, increasing a whopping 67% in 2020 alone. The cannabis industry is now worth more than $60 billion and should exceed $100 billion by the end of the decade. Increasing sales naturally require increasing production. And as production has increased, the environmental…
By Counsel Lolla Stovall Cannabis production and sales is one of the hottest industries around, with an annualized growth rate of more than 20% for several years running. Marijuana stocks have experienced impressive runs, and it seems that another state or city legalizes recreational marijuana use daily. The success of cannabis startups and the greater…
Watch Zuber Lawler Partner, Eileen M. Letts in the Chicago Bar Association’s video celebrating Black History Month with a look at the Earl B. Dickerson Awards which honor minority lawyers and judges whose careers emulate the courage and dedication of Dickerson.
Uncensored Crypto has released a 9-part docuseries that features Zuber Lawler partner, Josh Lawler. The free docuseries will include 56 industry insiders who share their raw, unfiltered, and uncensored insights into the crypto revolution. In these explosive, controversial, and never-seen-before interviews they reveal: What’s next for crypto… the assets they own… the risks and rewards…
Congratulations to Janet Jackim on her elevation to equity Partner. Since Janet joined us in 2020, she has quickly become an integral leadership voice within the firm. She meets all the criteria of what we look for in an equity partner: a proactive forward-motion problem-solving approach to managing client matters; partner-level productivity that drives the…
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…
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…
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…
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…
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…
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…
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…
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…
Two Zuber Lawler partners made major contributions to the American Bar Association’s long-awaited publication of “Building the Rule of Law: Firsthand Accounts From a Thirty-Year Global Campaign”, a comprehensive account of the ABA’s global rule of law programs. These programs were first initiated by the ABA’s Central and Eastern Europe Law Initiative, launched when the Berlin Wall fell…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
