BROWARD COUNTY BAR ASSOCIATION: Member of the Week – Eric N. Assouline, Esq.

The Broward County Bar Association Featured Assouline & Berlowe Litigation Partner as the “Member of the Week”.

Eric N. Assouline, is a co-founder of Assouline & Berlowe, P.A., a business litigation and transactional boutique law firm.  Eric credits his personal and professional success to hard work, a strong work ethic inspired by his parents, and good Jewish values.

Eric is a first-generation American.  Eric was raised in Queens, New York, by immigrant French Moroccan parents, with few resources.

Started in 2003, Assouline & Berlowe’s main practice areas are pat­ent and intellectual property law; commercial litigation and appeals; real estate; labor and employment; international law and arbitration; creditors’ rights and bankruptcy; and as of 2018 the law firm added an additional practice area – Trust, Estates, and Guardianship.  The firm has three South Florida offices, and has served as counsel of record on many complex cases outside of Florida.

Eric N. Assouline is a litigation partner in the Miami and Ft. Lauderdale offices, and the head of the business litigation practice group.  Eric’s prac­tice focuses on complex business litigation, intellectual property and real estate litigation, bankruptcy and creditors’ rights.  Eric en­joys a complicated business litigation dispute, analyzing the risks and benefits of the strategy to employ, and then implementing the plan.  Eric takes pride in taking a case from inception to conclusion for the client, which often includes trips into the appellate and bankruptcy courts.

As the business world continues its international expansion, Assouline & Berlowe guides its clients through their legal challenges.  As a French speaking attorney, Eric has been hired by many clients from France and they are always shocked at the expense involved in litigating a case in the United States.  Eric does his best to bridge his clients between differing legal environments.  With the assistance of his partner, Daniel Vielleville, who was an attorney in Venezuela before becoming an attorney in the United States, they bridge the gap with the firm’s Latin American clientele.  Corporate Partner Carl Perdue plays a similar role with corporate matters from his extensive experience with complex Middle East corporate finance.

Assouline & Berlowe’s management predicts growth in the areas of technology, real estate, intellectual property, and trust and estate issues.  “We’re more than just another boutique law firm. We take great pride in the high quality legal work that we do every day. I believe our extensive network of attorneys that refer their clients to our firm, including many referrals from former opposing counsel, is a testament to how we honor our craft,” Eric Assouline has been quoted as saying.

In the Beginning

Eric Assouline and Peter Berlowe first served together as mem­bers of the University of Miami Law Review.

After law school, they worked together in the Miami office of Weil, Gotshal & Manges, LLP, where they trained as litigators on nationally recognized cases. While there, Eric Assouline served as the court appointed receiver’s lead litigation attorney charged with recovery actions in a high-profile global Ponzi scheme.

When Assouline & Berlowe first opened its doors 0n February 10, 2003, in Coral Gables, its office was sublet from Peter Berlowe’s father.  Eric has been quoted as saying “Our first office had thick shag carpet, old fash­ioned wood paneling, and had not been renovated in decades. The furnishings were comprised of mis-­matched furniture and left over construction mate­rials that we used to build a new countertop for the receptionist area,” From those humble beginnings, Assouline & Berlowe expanded with an of­fice in Broward in July 2004, and later another office in Boca Raton in 2008.

As part of its flagship intellectual property practice, the firm has two registered patent attorneys, includ­ing Peter Koziol, who is the head of the IP Litigation Group and Greg Popowitz, who has been with the firm for over 5 years.

Ellen Leibovitch, who is board certified in the areas of labor and employment, heads the firm’s Boca Raton office.

Eric Assouline has been quoted as saying that “Through our 10 attorneys we now have several hundred years of collective business law ex­perience, much of it gained in practice at large, presti­gious law firms.”

Eric Assouline has also been quoted as saying: “As the managing partner of the firm, I need to know what everyone is doing. I have an ethical obliga­tion to protect all of the firm’s clients and to be there to pick up the pieces if anything were to happen to any particular attorney at the firm. But I do not tell attor­neys how to do their job. The attorneys at my firm are exceptionally qualified and know their craft. My job is to make it as easy as possible for them to get their work done and keep the firm’s clients satisfied.”

Eric Assouline believes that his firm has the talent and experience to compete with any firm in the area of business law.  “As it re­lates to regional boutique business firms, because we are smaller, we can offer more flexibility without com­promising on service.” Eric stresses the fact that clients regularly interact with the firm’s attorneys through multi-office video conferencing. “This not only gives us what I believe is a significant competitive edge, but it helps keep clients in close contact, which is important to our client relationships.”

Giving Back

As individual professionals and as a firm, the attorneys of Assouline & Berlowe believe in sharing and they have backed that belief from the beginning. “We’ve long been involved in giving back to the community, in time, money and energy, to support numerous worthy causes and those who are less fortunate,” Eric Assouline has been quoted as saying.

Just some examples include: a mayoral debate for Miami-Dade County; a fundraising program for the Cystic Fibrosis Founda­tion; and a charity golf tournament in Boca Raton and a Walk-a-Thon in Sunrise, both in support of the Juvenile Diabetes Research Foundation.  “In 2008, as the economy struggled, we did not feel it was appropriate to have a year-end holiday staff party. So, instead we made donations to the Joe DiMaggio Children’s Hospital in Hollywood and to the Miami Children’s Hospital,” Eric Assouline has been quoted as saying.

Eric Assouline currently serves on the board of directors of: the B’nai Brith Justice Unit; the Jewish Na­tional Fund; Hillel of Broward and Palm Beach Counties; the University of Miami Law Alumni Association; and the Florida Alumni of Arizona State University.

Eric Assouline has been a regular guest speaker at St. Thomas Univer­sity School of Law, where his wife, Iris Rogatinsky, is a law pro­fessor.  During his talks, Eric Assouline has mentored law students seeking his advice and insight on the practice of law, and he has conducted lectures on litigation and deposition skills for Pincus Professional Edu­cation. He also regularly volunteers to judge law school moot court and mock trial competitions at the University of Miami and Nova Southeastern Law School.

“I feel fortunate that I have been given this opportunity and I do my best to instill the same strong work ethic and uncompromising moral values upon my children with the help of my amazing wife.” She also worked with both Eric Assouilne him Peter Berlowe at Weil Gotshal & Manges.

Eric Assouline’s rise from humble beginnings to prominence in the legal community has colored his view of the world, the com­munity, and his firm. Eric Assouline and the attorneys of Assouline & Berlowe recognize their fortuity. Eric Assouline has been quoted as saying: “You will not hear me complain about my life. I find it very unbecoming to complain about triv­ial matters. No one is perfect and no situation is perfect forever. I like to say that I don’t look at the glass half full. I am grateful I even have a glass to drink. And as far as I am concerned, my glass always runneth over.”

Eric N. Assouline, Esq.

Business Litigation Partner

ASSOULINE & BERLOWE, P.A.

Miami Tower

100 SE 2nd St., Suite 3105

Miami, FL 33131

Telephone: 305-567-5576

Email: ena@assoulineberlowe.com

www.assoulineberlowe.com

Intellectual Property, Labor & Employment Law,  Real Estate, International Dispute Resolution, Commercial Litigation, Corporate Law, and Bankruptcy

Miami · Ft. Lauderdale · Boca Raton

Assouline & Berlowe SuperLawyers 2019

Layout 1

Leave a comment

Filed under Appeals, Arbitration, Awards, Bankruptcy, Business Litigation, commercial litigation, Copyright, Corporate Law, Florida Bar, Intellectual Property, International, International Arbitration, IP Litigation, Judgments, Labor & Employment, labor and employment law, law school, Litigation, Patent Prosecution, private equity, Real Estate, St. Thomas University, trademark, Trusts & Estates, Uncategorized

Property Owner Liable for Tenant’s Sale of Counterfeit Goods

man riding a yellow forklift with boxes

Photo by ELEVATE on Pexels.com

Earlier this year, a jury in New York federal court returned a verdict of $1.1 million in favor of Omega SA and its parents Swatch SA.  Omega sued 375 Canal LLC in 2012 regarding tenants selling counterfeit goods on 375 Canal’s property.  The jury found that 375 Canal and the landlord could have stopped the counterfeit sales, but did not.

Counsel for Omega asked a jury to “punish” 375 Canal and its owners, New York real estate developers Albert, Jason, and Jody Laboz, for allowing the property to be a “haven of counterfeiting activity for years.”  The jury found that 375 Canal knew about the infringing sales or willfully turned a blind eye to the seller’s counterfeit sales and continued to  lease the property to the counterfeiters.  Omega was liable for contributory trademark infringement (https://www.law360.com/dockets/download/5d0174472ef7e801af789f18?doc_url=https%3A%2F%2Fecf.nysd.uscourts.gov%2Fdoc1%2F127124921910&label=Case+Filing).

This should be a wake-up call to property owners to be aware of the business operations of tenants on its properties.  Property owners that have tenants selling products should pay attention to the legitimacy of the products being sold.  If they turn a blind eye, the property owner can face a hefty judgment in the courts.

Legitimate re-sellers of protected brands should look for authorization from the manufacturer and/or brand holder to verify the products are allowed to be sold by the tenant.  Authorization often takes the form of license agreements and distribution agreements.

Whatever the case, property owners should be on the look out to make sure its tenants are authorized to sell products in the leased space.  If not, the property owner should not look away and let the unauthorized activity continue.  It should act promptly to cease all unauthorized sales on its property to avoid a similar result as in Omega SA.

For any questions about trademarks, patents, or copyrights, contact Greg Popowitz.

Greg M. Popowitz, Esq.

Registered Patent Attorney

AV Rated by Martindale-Hubbell

Intellectual Property Litigation

ASSOULINE & BERLOWE, P.A.

213 East Sheridan Street, Suite 3

Dania Beach, Florida  33004

Main: 954.929.1899

Fax: 954.922.6662

Email: GMP@assoulineberlowe.com

http://www.assoulineberlowe.com/

LinkedIn  ||  Twitter

Intellectual PropertyLabor & EmploymentCreditors’ Rights & BankruptcyBusiness LitigationCorporate & FinanceReal EstateInternational LawTrust & Estates, Probate and Guardianship

Leave a comment

Filed under Business Litigation, commercial litigation, Intellectual Property, IP Litigation, Litigation, trademark, Uncategorized

INTERNATIONAL ARBITRATION – Cocktail Reception at Assouline & Berlowe for University of Miami International Arbitration LLM Students

Assouline Berlowe Picture of International Arbitration LLM Class from University of Miami.jpg (00266905xA4579)
MIAMI, FL – On the last day of final exams for the 2019 class of the White & Case International Arbitration LL.M. Program at Miami Law, Assouline & Berlowe – a Florida-based business litigation and transactional law firm – hosted a farewell cocktail reception for the students at their downtown Miami office in the Miami Tower. Eric Assouline, J.D. ’96, and Peter Berlowe, J.D. ’98, along with other partners and associates of the firm warmly welcomed the students and shared with them their work experiences and career advice pertaining to transnational litigation and international arbitration across different legal industries such as construction law, intellectual property, cybersecurity, blockchain, bankruptcy, corporate, and M&A.

In his welcome speech, Berlowe offered the firm as their “home away from home” to the students, especially being part of the Miami Law family. “Miami is a great vibrant community for international arbitration, often being chosen by parties as the situs of their international litigation or arbitration proceedings,” Berlowe said. “Miami Law is the best institution you could have chosen to study international arbitration.” While telling students about their firm, Berlowe said that some of the best work the firm ties into the international arena along with U.S.-based litigation focused in Miami.

Assouline is also a board member of the School’s Alumni Society and shared with the students his experience at Miami Law and how it shaped his career landing him jobs at the best firm in his chosen area of interest.

“We are very grateful to Assouline & Berlowe for hosting this wonderful reception for our International Arbitration LL.M. students and graduating class,” said Sandra Friedrich, director of Miami Law’s International Arbitration LL.M. Program. “It is very important to our students to meet and mingle with international arbitration practitioners in Miami and beyond to build a professional network of international arbitration practitioners across various legal industries and regions. Assouline & Berlowe’s lawyers not only provided our students with an incredibly warm welcome but also offered very valuable career advice to this next generation of international arbitration lawyers.”

The partners at Assouline & Berlowe also gave a special mention to International Arbitration Adjunct Professor John Rooney for connecting the international arbitration students with the firm. Rooney, with whom many students enjoy a great mentoring rapport, also serves as counsel and arbitrator in many international disputes, including proceedings under the AAA/ICDR, ICC, and ICSID Rules.

Students got a great opportunity to interact and network with renowned professionals in the field of international arbitration, who were more than happy to assist them and guide them with career advice in the ever-evolving world of international arbitration and dispute resolution.

“I got to meet the partners of this law firm who were quite helpful. We had great conversations which about law, life and career,” said Michel Mansour, a graduating International Arbitration LL.M. student from Lebanon and International Arbitration Institute Scholarship holder.

“We had the opportunity to meet with experienced lawyers in the field of arbitration and learned more about the every-day practice of arbitration in highly specialized areas, such as patent rights and construction,” said. Konstantina Zormpa, a Greek lawyer in the International Arbitration J.D./LL.M. joint degree program. “I was impressed by the team of Assouline & Berlowe because they combine a high level of legal expertise with a very friendly, approachable attitude. Partners and associates shared stories from their practice and showed a genuine interest to our career aspirations.”

“The LL.M. Student Reception with Assouline & Berlowe was my favorite social event of the year!” Angel Bermudez, a U.S.-trained J.D./LL.M. joint degree candidate, said. “Everyone was courteous and genuinely interested in getting to know each other. That the firm’s attorneys spent a few hours with us after a long work week speaks volumes to their great character.”

“Interactions with highly qualified professionals at social gatherings like these surely contribute to a better understanding of the industry. There was so much to discuss about our courses and papers, and the interest is often reciprocated with new ideas and sometimes collaboration”, said Ishaan Madaan, an International Arbitration LL.M. student from India and holder of the FDI Moot Scholarship.

***

The White & Case International Arbitration LL.M. Program, under the leadership of Professor Jan Paulsson, holder of the Michael Klein Distinguished Scholar Chair, provides a unique individualized educational opportunity for a small group of top-quality students from around the globe, wishing to acquire an in-depth grounding in the field of international arbitration as a platform for a successful career. The program – the only one of its kind in the United States – is open to U.S. and foreign-trained law graduates, and is ideal for newcomers to the field or experienced practitioners looking to enrich their skills and knowledge.

Leave a comment

Filed under Appeals, Arbitration, Awards, Bankruptcy, Business Litigation, commercial litigation, Copyright, Corporate Law, Intellectual Property, International, International Arbitration, IP Litigation, Judgments, Labor & Employment, labor and employment law, Patent Prosecution, Trusts & Estates, Uncategorized

Florida has Trademarks? Yes, and it was just revised!

Trademark Registration

On June 7, 2019, Governor DeSantis approved HB 445, a bill that revised the classification system of Florida’s Registration and Protection of Trademarks Act (see Chapter 495 of the Florida Statutes).  The purpose of the revision was to align the Florida trademark classification of goods and services to that of the United States Patent and Trademark Office (USPTO), which is the federal trademark authority.  The new changes revise most of Florida’s 45 trademark classifications.  A copy of the changes can be found here.

The USPTO breaks up the 45 classes into two groups.  There are 34 classes for products and 11 classes for services.  When applying for a trademark, at the USPTO or in Florida, the owner must select the class or classes where the brand is being used.  For example, if the business uses a brand in the real estate business, then they likely fit in one of the service-based classes.  If the business also brands their real estate business in related apparel, they may also want to apply for a product-based class.  It is important to select these appropriate class and word the description accurately because you will have to submit evidence of your use of the brand in the applied for classes at the beginning or end of the trademark process.

While federal trademark registrations secured with the USPTO are more commonplace, there are reasons to secure a Florida trademark to protect your brand.  For some business owners, their entire business is focused in Florida and does not extend outside the state.  If there are no plans to expand out of Florida in the future, a Florida trademark may be all the business owner needs.  While a federal trademark registration is often litigated in federal court, a Florida trademark owner may have the ability to file an infringement action in Florida state court, which is relatively rare.

There are pros and cons to litigation in federal court compared to state court.  The business owner should assess the cost/benefit of securing  a Florida trademark and/or a federal trademark as they build their trademark portfolio to protect their valuable branding.  Often overlooked, branding is in important part of your business and steps should be taken to protect your brands.  Otherwise, you may have limited options to enforce your rights should someone copy your branding in a related market.

For any questions about trademarks, patents, or copyrights, contact Greg Popowitz.

Greg M. Popowitz, Esq.

Registered Patent Attorney

AV Rated by Martindale-Hubbell

Intellectual Property Litigation

ASSOULINE & BERLOWE, P.A.

213 East Sheridan Street, Suite 3

Dania Beach, Florida  33004

Main: 954.929.1899

Fax: 954.922.6662

Email: GMP@assoulineberlowe.com

http://www.assoulineberlowe.com/

LinkedIn  ||  Twitter

Intellectual PropertyLabor & EmploymentCreditors’ Rights & BankruptcyBusiness LitigationCorporate & FinanceReal EstateInternational LawTrust & Estates, Probate and Guardianship

Leave a comment

Filed under Business Litigation, Corporate Law, Intellectual Property, IP Litigation, Litigation

NEW OFFICE – Assouline & Berlowe Move Their Boca Raton Office Address

2300 Glades Road - Assouline Berlowe Boca Raton Office (00265975xA4579)

BOCA RATON, FL – Assouline & Berlowe, which has had offices in Boca Raton since 2008, has moved its offices to 2300 Glades Road, East Tower – Suite 135, Boca Raton, Florida 33143.  The Firm’s move is very exciting because it the new office is directly across the street from a number of prime locations for lunch meetings with colleagues.

If you are in the area, please let us know in advance, and stop by.

If you wish to meet with our Boca Raton office Managing Partner, and Board Certified Labor & Employment Attorney Ellen M. Leibovitch, Esq. (who has just been announced as a 2019 Super Lawyer), please let us know.

To Ellen and to our entire Boca Raton office and staff, congratulations and best of luck in the new office!

Assouline Berlowe - SuperLawyers Congratulations 2019 (00265885xA4579)

http://www.assoulineberlowe.com

Leave a comment

Filed under Business Litigation, commercial litigation, Copyright, Corporate Law, Intellectual Property, IP Litigation, Labor & Employment, Patent Prosecution, Uncategorized

ECUADORIAN LAWYER GRADUATES WITH FIU LLM

We are pleased to recognize our legal assistant Juliana Alvarez, who was already a licensed attorney in Ecuador for graduating from Florida International University School of Law with an LLM in International Law.

 

Juliana came to Assouline & Berlowe in January 2017.  At that time, Juliana was already an accomplished attorney in Ecuador.  But that was not enough for Juliana.  Instead, while she worked in the Firm’s Boca Raton office, she fought traffic on a regular basis to go to FIU in Miami in order to improve herself and obtain an LLM in international law from a US law school.

 

We are very proud of Juliana and we celebrate her accomplishment.

Leave a comment

Filed under Uncategorized

INTERNATIONAL ARBITRATION LLM Students’ Graduation Reception

Assouline Berlowe UM LLM Flyer 2019 (00264360xA4579)

MIAMI: Assouline & Berlowe, The Business Law Firm, is hosting the students and the 2019 graduating class of the University of Miami’s International Arbitration program.  We want to thank our good friend Professor John Rooney and Sandra Friedrich for helping coordinate this fantastic event.  If you are one of these students, please do not forget to register through the school or by clicking on the following link:  https://forms.gle/ZKnpt9HN929trYe3A

Eric N. Assouline, Esq., Assouline & Berlowe, P.A., Miami Tower, 100 SE 2nd Street, Suite 3105, Miami, Florida 33131, Telephone: 305-567-5576, Email: ena@assoulineberlowe.com

 

 

Leave a comment

Filed under Appeals, Arbitration, Awards, Bankruptcy, Business Litigation, commercial litigation, Copyright, Corporate Law, Intellectual Property, International, International Arbitration, IP Litigation, Judgments, Labor & Employment, Litigation, Patent Prosecution, private equity, Real Estate, Trusts & Estates, Uncategorized