IP Litigation and Administrative Proceedings: A Global Overview of Managing Cannabis Conflicts

Jason Moscovici Related Seminars and Products

Founder | President

Provisions Legal Services Inc.

Jason Moscovici is a lawyer, biochemist, and founder of Provisions Legal Services, a Canadian law firm specialized in regulated industries. His practice focuses on intellectual property and regulatory compliance in fields such as cannabis, pharmaceuticals, medical devices, cosmetics, personal care products, nicotine delivery and natural health products.

Jason’s focus on the valorization and enforcement of IP, as well as the numerous compliance issues that orbit regulated businesses, have allowed him to become one of the most trusted legal advisors to the emerging international cannabis industry. His perspectives on innovation, and the commercial hurdles related specifically to the area of controlled substances old and new, are routinely solicited by industry groups and other stakeholders in this space. He sits on several committees and working groups dedicated to identifying and establishing international legal practices in these areas.

Dr. Jayashree Mitra Related Seminars and Products

Shareholder

Carlton Fields, P.A.

Dr. Jayashree Mitra focuses on patent litigation, including Hatch-Waxman patent litigation. She represents clients in federal court and before the Patent Trial and Appeal Board and the International Trade Commission in a full range of patent litigation, including Hatch-Waxman actions, inter partes review, post-grant review proceedings, and trade secret disputes. She also advises clients in the cannabis industry and psychedelic industry on regulatory compliance, helping them align their IP strategies to comply with FDA and DEA regulations and guidance.

Jayashree is well known for her detailed understanding of the pharmaceutical, biotechnology, cannabis, psychedelics, and emerging technology sectors. A former neuropharmaceutical researcher at Yale University, Jayashree's technical knowledge extends to small molecules, protein therapeutics, protein conjugates, vaccines, injectables, biologics, and biosimilars, as well as blockchain and data privacy. She has particular insight into the science underlying innovative cannabis technology products and psychedelics. Her research in neuropharmacology at Yale specifically involved analyzing the effects of psychoactive substances on the developing brain.

She also has experience handling antitrust matters, as well as intellectual property due diligence and technology agreements for mergers, acquisitions, and other corporate transactions. She is recognized as a certified information privacy professional (CIPP/US) by the International Association of Privacy Professionals.

Jayashree engages in extensive pro bono work, including criminal appeals and death penalty cases.

Timothy L. Alger Related Seminars and Products

Owner

Alger Resolutions

Timothy L. Alger is a civil litigator, mediator, and owner of Alger Law APC and Alger ADR Services.  Tim makes himself available nationwide to mediate and arbitrate disputes among businesses and individuals, and is a member of the American Arbitration Association’s esteemed Roster of Arbitrators.  Tim’s expertise in the cannabis industry and 33 years in commercial litigation, and extensive training and experience in mediation and arbitration, make him a valuable resource for resolution of disagreements without the high cost of litigation in court.

Formerly the head of litigation, employment law and trademarks at Google and an equity partner at three major international law firms, Tim has represented leading internet, media, entertainment and advertising companies in regulatory disputes and litigation over trademarks, copyrights, unfair competition, contracts, free speech, defamation, and privacy.  In addition to his own practices as a neutral and litigator, Tim serves as of counsel to the law firm of Harris Sliwoski LLP.

Tim has represented legal cannabis businesses in civil litigation and regulatory disputes with governmental entities.  Recent representations in this industry include civil litigation over trademarks, contracts, relocation of a cannabis dispensary, excessive fines on cannabis cultivators, civil rights violations by law enforcement agencies, and ownership and management disputes in cannabis business partnerships and companies.

In other industries, Tim has represented a variety of companies and individuals in disputes over corporate acquisitions, business relationships, and financial issues.  His work ranges from complex, multi-defendant class actions to disputes over subpoenas and public access to government proceedings and records.  Tim’s business litigation work included post-trial and appellate representation of an international office supply company, in which Tim obtained the reversal for his client of a $32 million jury verdict for fraud and breach of an advertising contract.  Tim’s work also included representation in the trial and appellate courts of a billboard company that successfully challenged the City of Los Angeles’ inconsistent regulation of outdoor signs.

Tim has been an outspoken advocate for First Amendment and other civil rights for nearly five decades, both as an attorney and journalist.  He was lead counsel in two watershed Ninth Circuit cases interpreting Section 230 of the federal Communications Decency Act, which provides protection to internet companies that host content created by others.  Tim also successfully represented clients in the Ninth Circuit in free speech cases of first impression involving the posting of controversial content on YouTube and on online roommate and dating services.  As outside counsel and during his tenure as Deputy General Counsel at Google, Tim led Google's defense against lawsuits over copyrighted material posted online without owner consent, and the use of trademarks without owner consent in internet search advertising by competitors.  Tim’s team obtained complete victories in two patent jury trials in the Eastern District of Texas.  Tim and Google also took leading roles during Tim's tenure in controversies over news aggregation, online piracy, privacy rights, software patents, and open source licensing. 

He recently obtained the reversal in the California Court of Appeal of a court order that held his client liable for debts incurred by a cannabis delivery company prior to the client’s acquisition of the company in a reverse triangular merger.  Other victories include the dismissal of a federal lawsuit challenging a social network’s decision to remove material violating the network’s policies, which was affirmed by the Ninth Circuit, and the California Court of Appeal’s holding that electronic communications cannot be disclosed by a service provider without the user’s express consent.

Tim has offices in Santa Barbara, Los Angeles and San Francisco, but appears regularly in courts throughout California and has a national practice in the federal trial and appellate courts. He holds mediations and arbitrations in-person at any of his offices or via video conferencing, and will travel when requested.

Tim is a frequent speaker on cannabis law, online intermediary liability, publicity and privacy rights, and defamation.  His pro bono work has included representation of a state prisoner beaten by guards, a blind college student excluded from classes because of her disability, college newspapers, a mother and daughter subjected to excessive commercial fines for a medical marijuana garden, and public school students and parents seeking special education services.

Before attending law school, Mr. Alger was an award-winning newspaper reporter and editor.

Margret Knitter, LL.M. Related Seminars and Products

Partner, Lawyer

SKW Schwarz, Germany

Margret Knitter advises her clients in all matters of intellectual property and competition law. This includes not only strategic advice, but also legal disputes. Her practice focuses on the development and defense of trademark and design portfolios, border seizure proceedings and advice on developing marketing campaigns. She advises on labelling obligations, packaging design, marketing strategies and regulatory questions, in particular for cosmetics, detergents, toys, foodstuffs and Cannabis. She represents her clients vis-à-vis authorities, courts and the public prosecutor's office.

In the field of media and entertainment, she mainly advises on questions of advertising law, in particular product placement, branded entertainment and influencer marketing. She is a member of the board of the Branded Content Marketing Association (BCMA) for the DACH region and Co-Chair of the European INTA Bulletins Committee.