IP Litigation and Administrative Proceedings: A Global Overview of Managing Cannabis Conflicts
Dispute resolution in a global context needs to consider many factors, such as the remedies and awards that can be granted and the availability of administrative proceedings, such as oppositions, cancellations, impeachments, and protests. The presentation examines how actions in different jurisdictions can be taken to resolve a matter relating to the use, copying, reproduction, passing off, or counterfeiting of cannabis related IP. Panelists will cover strategies and lessons learned firsthand as they navigated cannabis IP as a leveraging tool or an accessory to broader commercial litigation.
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 has represented clients in high-stakes litigation across a wide range of intellectual property, antitrust, and commercial disputes. Her clients span diverse industries, with a particular focus on the pharmaceutical sector. She has extensive experience in Hatch-Waxman litigation and has represented both brand-name and generic pharmaceutical companies in complex litigation before federal courts. She also has substantial experience litigating complex antitrust matters for clients in the pharmaceutical industry, including class actions and competitor lawsuits involving various federal, state, and common law claims.
In addition to her litigation work, Jayashree advises clients on transactional matters, especially where technology is a key component of the deal. She has assisted clients with drafting and negotiating technology agreements and provided deal support in complex mergers and acquisitions, joint ventures, and private equity matters. She also assists clients in building global patent and trademark portfolios and implementing innovative strategies to protect their intellectual property rights.
Jayashree is deeply engaged with emerging technologies. She has helped clients in the cannabis and psychedelic industries navigate the challenges of obtaining intellectual property rights from the U.S. Patent and Trademark Office, litigated cannabis-related patents in federal courts, and helped ensure compliance with FDA and DEA regulations. Jayashree is also a certified information privacy professional (CIPP) and advises clients on issues arising from the emergence of artificial intelligence.
Jayashree is committed to pro bono service and has handled criminal appeals and death penalty cases.
Prior to law school, Jayashree pursued a career in neuroscience and obtained her Ph.D. in pharmacology from Yale University. Her dissertation focused on the effect of prenatal cocaine exposure on the developing brain. Jayashree also worked as a medical writer, preparing scientific materials for major pharmaceutical companies.
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 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.