PROFESSIONALS PRACTICES ABOUT NEWS + INSIGHTS LOCATIONS Sean Mack Partner Sean Mack Partner 201.270.4919 smack@pashmanstein.com vCard Download PDF Practice Areas Cannabis and Hemp Law Litigation Appellate Advocacy Intellectual Property Shareholder/Disputes Special Retentions Alternative Dispute Resolution News November 15, 2021 - Sean Mack Quoted in NJBiz.com on Application Process for New Jersey Cannabis Licenses November 9, 2021 - Sean Mack Quoted in a Rockland County Business Journal Regarding Towns' Decision to Opt Out of Cannabis Dispensaries and Lounges September 24, 2021 - Pashman Stein's Appellate Advocacy Practice Featured in New Jersey Law Journal For Being Named Appellate Department of the Year 2021 September 24, 2021 - Pashman Stein Walder Hayden Featured in New Jersey Law Journal For Being Named Law Firm of the Year - Finalist 2021 September 20, 2021 - Sean Mack Quoted in NJ.com Article Discussing Uncertainty Following NJ Cannabis Commission's Failure to Meet Statutory Deadline to Start Accepting New Applications View All Publications November 11, 2021 - NJ License Application Announcement Brings Some Clarity But Also More Confusion August 20th, 2021 - New Jersey Adopts Its Initial Adult Use Rules July 14, 2021 - CRC Provides Guidance on Timeline for Rules and 2019 License Awards June 28, 2021 - Municipal Law Mess in New Jersey April 20, 2021 - SAFE banking act of 2021 passes house; cannabis-related businesses one step closer to access to banking system View All Events November 15, 2021 - Pashman Stein Participating in Pro Bono Expungement Clinic on December 15 April 20, 2021 - Sean Mack Participating in Virtual Panel Discussion, "Marijuana in Jersey City: Policy and Potential" led by Councilman James Solomon April 12, 2021 - The Cannabis & Hemp Law practice at Pashman Stein Walder Hayden is pleased to introduce its new webinar series, the NJ Cannabis Connection, hosted by Sean Mack and Gregg Hilzer, Partners and Co-Chairs February 5, 2021 - Sean Mack Presented Seminar On Conducting Trials by Videoconference to Hawaii's Department of the Attorney General October 6, 2020 - Webcast: Trial by Zoom – 10 Tips to Make Your Civil or Family Zoom Trial a Success View All As co-chair of the firm’s Cannabis and Hemp practice, I have a rare opportunity to assist entrepreneurs and business owners as they form and operate new ventures in New Jersey’s quickly growing recreational adult-use industry. The laws and regulations are evolving and are often in conflict at the state and federal level, presenting challenges to an already competitive landscape. The protections afforded to medical marijuana patients under New Jersey law, in employment, medical services and real estate, also present significant business issues for clients and considerable review in our courts. On behalf of our clients in the cannabis and hemp industries, I collaborate with my Pashman Stein colleagues to provide a full spectrum of cannabis-related legal and business counsel. Background Sean Mack is the co-chair of the Cannabis and Hemp practice and co-chair of the firm’s Litigation practice. Clients turn to Sean for his steadfast guidance, sincere interest in the success of their businesses, and extensive knowledge of New Jersey’s regulations and case law in the cannabis and hemp industries, for both adult-use recreational marijuana and medical marijuana. Cannabis With significant experience counseling business owners in complex disputes, Sean brings a unique set of skills to businesses interested in cannabis and hemp. Sean advises Hemp-CBD companies on state and federal laws affecting their advertising and businesses. He also works in tandem with Pashman Stein’s attorneys to offer clients counsel in the interplay between cannabis/hemp laws and corporate, employment, intellectual property, health care and real estate laws. Recognized on the InsiderNJ 2021 & 2019 “Insider 100: Cannabis Power List” as an influential voice in the cannabis debate, Sean has been active in cannabis reform since 2015, when he led a team of the firm’s attorneys to analyze existing cannabis laws and regulations to prepare proposed legislation for New Jersey United for Marijuana Reform (NJUMR). NJUMR then presented the firm’s proposal to a state senator for incorporation into an early draft of the bill to legalize adult use marijuana in New Jersey. Sean advises businesses interested in applying for cannabis or hemp licenses in New Jersey, which is a highly competitive and nuanced process, and he has represented clients in appeals of the 2018 and 2019 rounds of medical marijuana license applications. He also advises companies and individuals on the specific protections afforded to medical marijuana patients under the Jake Honig Act in employment, the receipt of medical services, and real estate. Business Litigation Sean’s business litigation practice focuses on complex disputes involving unfair business competition. He regularly represents businesses, business owners and senior executives in lawsuits involving theft of corporate opportunities, theft of trade secrets, breaches of non-competition agreements, breaches of confidentiality and non-disclosure agreements, and other unfair business practices. Clients often retain Sean when a joint business venture has gone awry or when they believe it is time to divorce their business partners. Many of his cases arise from complicated contractual and licensing disputes. He also has represented clients in trademark and trade dress infringement cases and in counterfeiting cases. With his strong business acumen, he is often brought in to advise firm clients on bankruptcy and insolvency-related issues, and has represented creditors in bankruptcy proceedings. He also has represented several firm clients in contested probate proceedings. Appellate Advocacy Sean is an experienced appellate advocate, having presented appeals in many federal and state courts. Sean often leads teams of Pashman Stein attorneys to prosecute appeals of complex matters that were lost at the trial level by other law firms. Sean began his legal career with Debevoise & Plimpton LLP, where he practiced commercial litigation for many years before joining Pashman Stein in 2005. Reported Decisions National Lighting Company, Inc. v. Bridge Metal Industries, LLC, 601 F.Supp.2d 556 (S.D.N.Y. 2009) Strahan v. Strahan, 402 N.J.Super. 298 (App. Div. 2008) Arnold v. Arnold, 2007 WL 1146627 (N.J. App. Div. 2007) In re XO COMMUNICATIONS, INC., 323 B.R. 330 (Bankr. S.D.N.Y. 2005) Hawa Abdi Jama v. Esmor, 343 F.Supp.2d 338 (D.N.J. 2004) and 334 F. Supp 2d 662 (D.N.J. 2004) Burns v. Anderson, 123 Fed.Appx. 543 (4th Cir. 2004) In re GLOBO COMUNICACOES E PARTICIPACOES S.A., 317 B.R. 235 (S.D.N.Y. 2004) In re RSL Primecall, Inc., 2003 WL 22989669 (Bankr. S.D.N.Y. 2003) Representative Matters Pashman Stein Walder Hayden worked with New Jersey United for Marijuana Reform and ACLU-NJ in 2015 to draft the legislation that was introduced by Senator Scutari in 2017. Senator Scutari’s bill ultimately was passed into law in 2021. Successfully obtained a temporary restraining order compelling a medical service provider to continue providing needed medical services, which had been denied solely because the patient obtained his medical cannabis card from the State of New Jersey. Represented appellants in appeals of the 2018 and 2019 New Jersey requests for applications for licenses for medical cannabis alternative treatment centers. Successfully represented owner of a condo against charges from his condo association that his use of medical marijuana in his condo violated condo association rules. Successfully defended national sales representative against claims of breach of a non-competition and non-solicitation agreement after he joined a direct competitor. Successfully obtained the dismissal of all federal Lanham Act claims brought by a lighting company against its former contract manufacturer in a suit alleging that the manufacturer stole trade secrets and was improperly competing with the lighting company in breach of a confidentiality agreement. Then successfully obtained the dismissal of a follow-on lawsuit in state court on the basis of choice of law and personal jurisdiction defects. We then successfully pursued insurance coverage for all of the defense costs and expenses in federal court and on appeal before the Second Circuit Court of Appeals. Successfully resolved a lawsuit against a senior executive of major pharmaceutical company in a case involving claims of breach of a non-competition agreement when she joined another major pharmaceutical company. Represented a leading heart valve manufacturer in a patent licensing dispute involving rights to a minimally invasive method for repairing and replacing aortic heart valves (transcatheter aortic valve replacement therapy). The dispute focused on whether only a particular patent or an entire family of patents to the revolutionary heart valve device and procedure had been licensed. Following an evidentiary hearing on our application for summary judgment, the matter was resolved through a confidential settlement. Successfully obtained a preliminary injunction prohibiting a former senior executive from competing against his former employer anywhere in the state of New Jersey and successfully prosecuted an order for sanctions when the former employee violated the injunction. Successfully defended a lawsuit brought by a sibling in a family-owned business, who after 30 years of having no involvement with the business, demanded his share of the business and its profits. Despite the existence of an old stock ledger supporting the claim, the plaintiff was awarded zero dollars on his claims. Professional/Civic Activities Member, New Jersey Bar Association Member, Bergen County Bar Association Former Member, District II-B Ethics Committee Presentations NJ Cannabis Insider Live, What Professionals Your Cannabis Business Needs to Succeed, October 2019 Paramus Rotary Club, Introduction to NJ Cannabis Law, January 2019 Rutgers Inn of Court, Overview of Cannabis Law, October 2018 “Restrictive Covenants in New York and New Jersey,” Lawline.com, March 2012, “Safeguarding Your Assets: Can You Protect Opportunities,” Financial Management Network, November 2011 Bar/Court Admissions New Jersey New York United States District Court, District of New Jersey United States District Court, Southern District of New York United States District Court, Eastern District of New York United States District Court, Northern District of New York United States Court of Appeals, Second Circuit United States Court of Appeals, Fourth Circuit United States Court of Appeals, Sixth Circuit Education B.A., College of the Holy Cross, cum laude, 1995 J.D., Rutgers University School of Law, with highest honors, Order of the Coif, 1999 Honors and Accolades InsiderNJ, “Insider 100: Cannabis Power List,” 2021 & 2019 Best Lawyers, Commercial Litigation, 2013-2022 New Jersey Super Lawyers, 2016-2021 New Jersey Law Journal, “40 Under 40”, 2009, 2011 New Jersey Super Lawyers, Rising Star, 2010-2013 The Super Lawyers list is issued by Thomson Reuters. A description of the selection methodology can be found at http://www.superlawyers.com/about/selection_process.html. The Rising Stars list is issued by Thomson Reuters. A description of the selection methodology can be found at http://www.superlawyers.com/about/selection_process.html. New Jersey Law Journal’s list is issued by the New Jersey Law Journal. A description of the selection methodology can be found at http://www.njlawjournal.com/id=1202432890579/40-Under-40. The Best Lawyers list is issued by Woodward/White, Inc. A description of the selection methodology can be found at https://www.bestlawyers.com/About/MethodologyBasic.aspx. The Insider 100: Cannabis Power List is issued by Insider NJ. A description of the selection methodology can be found at https://www.insidernj.com/2021-insider-cannabis-power/. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. View All Profiles Contact Us © 2021 Pashman Stein Walder Hayden P.C. 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