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 2^nd 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

Strategic Considerations for the Bankruptcy Practitioner when Intellectual Property is Involved

Assouline & Berlowe Registered Patent Attorney Greg Popowitz will be speaking as part of a panel discussing the interplay between bankruptcy and intellectual property.  The Bankruptcy Section of the Broward Bar Association is hosting the discussion on Wednesday, January 13, 2016 from 12:00-1:30pm.  The lunch is being sponsored by the Bankruptcy Bar Association of the Southern District of Florida (BBA).

To register for the event, click here.  It will be an excellent discussion between bankruptcy attorney John Hutton, patent attorney Allen Bennett, and patent attorney Greg Popowitz.

1 CLE credit is pending.

Date: Tuesday, January 13, 2016

Time: 12:00 – 1:30pm

Location: BCBA Conference Center

Cost:   FREE BCBA Bankruptcy Section Members;

$15 BCBA Member(non-section member)

$25 Non-Member of BCBA

No Charge BCBA Judiciary; Includes Hot Lunch

For questions about Intellectual Property matters, contact  Greg Popowitz below.

ASSOULINE & BERLOWE, P.A.

213 East Sheridan Street, Suite 3

Dania Beach, Florida  33004

Main: 954.929.1899

Fax: 954.922.6662

http://www.assoulineberlowe.com/

Intellectual Property, Labor & Employment, Creditors’ Rights & Bankruptcy, Business Litigation, Corporate & Finance, Real Estate, International Law

Miami • Ft. Lauderdale • Boca Raton

 

Learn How to Protect Your Clients’ Valuable Intellectual Property

Assouline & Berlowe patent attorneys Peter Koziol and Greg Popowitz will be speaking at a webinar focusing on Intellectual Property for the Non-IP Attorney.  The Pincus Professional Education webinar will take place on August 06, 2015 at 3 p.m. EST

To view the full announcement and register for the event, click here.

An overview of the Intellectual Property Topics that will be discussed are highlighted below.

IP is a complicated area, even for IP attorneys. For the rest of us, the nitty gritty rules are sometimes a mystery.  Listen in on this IP for the Non-IP attorney webinar so you can understand how to best protect your client and their assets. You will learn:

Origins of Intellectual Property (IP) in the United States and Internationally

• The USPTO is part of the U.S. Department of Commerce (Patents and Trademarks)
• WIPO covers International IP rights

How a non-IP lawyer can identify IP to Protect their Clients and Generate Value for the Business (Emphasis on Patents)

• Patents (patent process, patentability opinions, freedom to operate opinions; limited time)
  • Design, Utility, Plant Patents
• Trademarks (common law, state, federal rights; rights continue with use)
  • Strategy of using intent to use application vs. actual use application
• Copyrights, and
• Trade Secrets

What Does IP Protection Provide?

• IP creates value to the business (it is an asset owned by the business)
• Protects inventions, brands, etc. of the business, which can provide a marketing and sales edge over competitors
• Patents – generate new business opportunities since a patent gives you an exclusive right
• Licensing and sales opportunities
• Access to Financing
• Leverage in Litigation (damage calculations and discovery access)
• Leverage in Business (assets and monopoly like rights)

How to Secure International Protection

• Work with international: IP counsel, companies and connections, and markets
• Patent Cooperation Treaty (PCT)
• Madrid Protocol (trademarks)
• Industrial Designs Treaty
• Berne Convention

General Considerations for IP

• Coordinate with transactional and litigation counsel, insurance providers, venture capital, and tax counsel
• Bankruptcy and creditor rights impact
• Receiver/trustee
• Estate planning

Common Mistakes and Misconceptions

• Poor man’s copyright
• Statutory Bar Date (Loss of Rights)
  • Public Use/Disclosure (trade shows, publications, offers to sell)
  • Social Media Posts
• Non-Disclosure Agreements
• Priority of Use

For questions about the webinar or any Intellectual Property matters, contact Peter Koziol or Greg Popowitz below.

ASSOULINE & BERLOWE, P.A.

213 East Sheridan Street, Suite 3

Dania Beach, Florida  33004

Main: 954.929.1899

Fax: 954.922.6662

http://www.assoulineberlowe.com/

Intellectual Property, Labor & Employment, Creditors’ Rights & Bankruptcy, Business Litigation, Corporate & Finance, Real Estate, International Law

Miami • Ft. Lauderdale • Boca Raton

Intellectual Property Infringement Insurance – Is your Business Protected?

Advertising Injury coverage? Yes, it exists.  It is fairly standard in most commercial general liability policies with personal injury coverage, which insures a company from its advertising of its goods or services, such as libel, slander, copyright infringement, trademark infringement.   As a trademark attorney, I routinely inform my clients about the benefits of this type of coverage, and if they already have it, to make sure it covers trademark infringement.

If your company already has advertising injury coverage, does it include, or possibly exclude, trademark infringement coverage? In a recent case in a Minnesota federal district court, a defendant’s insurance carrier disclaimed trademark infringement coverage, which caused the infringing company to pay damages out of pocket.

Excell Consumer Products sued Smart Candle for their use of the protected trade name and trademark “Smart Candle” relating to LED lights. Smart Candle requested that its insurance carrier, Selective Insurance Company, defend the lawsuit. However, Selective Insurance disclaimed coverage under Smart Candle’s policy. Selective Insurance focused on the personal and advertising injury coverage, which the policy defined as injury resulting from “Infringing upon another’s copyright, trade dress or slogan in your ‘advertisement.’” The policy excluded from coverage injury “arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights.” Notably, this exclusion did not apply to the infringement resulting from the companies advertising of copyright, trade dress, or slogan.

Smart Candle claimed that “slogan” in the policy required Selective Insurance to defend or indemnify Smart Candle in the Excell Consumer Products lawsuit. The federal district court granted Selective Insurance’s motion for summary judgment. Notably, the policy failed to define the term “slogan” so the court used the “popular and ordinary meaning”. Since the Excell Consumer Products lawsuit centered upon the use of “Smart Candle” as a mark, trademark, trade name, and name, a reasonable jury would not determine that Excell Consumer Products’ lawsuit was based on slogan infringement. The appellate court agreed with the district court’s interpretation of the policy.

If you currently have advertising injury coverage, it is critical that you check to find out what the policy covers and what it does not cover. With any business decision, fully understanding the liabilities and risk to your business will aid in the decision making process. Instead of fighting a significant infringement lawsuit expecting insurance coverage, it may be worthwhile to settle the lawsuit early on and limit your exposure. If you do not have advertising injury coverage, investigate obtaining coverage that will adequately protect your business.

The intellectual property attorneys at Assouline & Berlowe, P.A. are fully equipped to review your policies and provide feedback as to whether advertising injury coverage protects your business for trademark infringement and other intellectual property causes of action.

For any questions about advertising injury coverage relating to intellectual property, or general questions about patents, trademarks, and copyrights, please contact Greg Popowitz below.

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/

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Intellectual Property, Labor & Employment, Creditors’ Rights & Bankruptcy, Business Litigation, Corporate & Finance, Real Estate, International Law

Miami • Ft. Lauderdale • Boca Raton

HAPPY WORLD IP DAY!

Happy World Intellectual Property Day – 2013

Assouline & Berlowe is hard at work building its intellectual property department.  The firm now has three patent attorneys and handles all forms of IP issues.  Join us in celebrating World IP Day.

Every year, on April 26, 2013, the world celebrates World IP Day.  The theme of the World Intellectual Property Organization for 2013 is Creativity: the next generation.According to the WIPO website (www.wipo.int):

What is the shape of things to come?

From the weather to the markets to the next big thing in technology or the arts, we all want to know how the world will look tomorrow.

Predicting the future is an uncertain endeavor at best, but that doesn’t keep us from trying. And with ever greater access to information, instant communication, new forms of collaboration and crowd-sourcing, our predictions are becoming more frequent, more outrageous, and more accurate.

We know, for example, that cars will soon drive themselves. That our sight and speech – eventually our brains – will interact more directly with, and effectively control, our computers. Which will in turn become much smaller and be worn on – or inside – our bodies. This will all have a profound effect on how we live – how we think, how we work, how we learn, heal, enjoy.

What used to be science fiction is now fact. But what’s next? What is the future beyond the future? What disruptive technology is now just an idea bouncing around a young engineer’s mind? Who will create the next online sensation that again changes how we talk to each other? What new music will emerge from a garage somewhere to rock the world’s dance floors or unnerve the academy? Who are tomorrow’s great artists and innovators? How are they working; how do they create? And how will they get their creations to market in a world where the game changes, almost daily?

The future? Ask the next generation.

Join in

• Organize an event or activity for World IP Day in your community;
• Follow us and join the discussion on the World IP Day Facebook page;
• Find IP Day images from around the world and check out activities on our world events map;
• Share your World IP Day activities, posters, pictures, etc., directly on the Facebook Page, or send them to us for posting at worldipday@wipo.int;
• Visit World IP Day exhibition

More Information on World IP Day, go to the the wipo.int cite.

• About World IP Day
• Suggested activities
• World IP Day archives

Sincerely,

Eric N. Assouline, Esq.

Litigation Partner
Assouline & Berlowe, P.A.

For additional information:

In Miami: 305-567-5576

In Broward: 954-929-1899

In Palm Beach: 561-361-6566

ERIC N. ASSOULINE, ESQ.

Eric N. Assouline

visit superlawyers.com

ASSOULINE & BERLOWE, P.A.

http://www.assoulineberlowe.com

Intellectual Property, Labor & Employment Law, Bankruptcy, Commercial Litigation, and Corporate Law

Miami · Ft. Lauderdale · Boca Raton

Eric N. Assouline

Business Litigation

The Business Lawyer’s Role in the New Age of Science and Technology

“From Concept to Miracle…The Lawyer’s Role in Florida’s Bioscience and Technology Industry”

The 21st Century is said to be the century for innovations in bioscience and nano-technology innovation; the dawn of a new industrial revolution. Florida is well-known as a state for new beginnings and entrepreneurship. The State is expected to be a cutting-edge leader in this exciting and rapidly developing science frontier.

Florida has become a rapidly growing center for biotechnology and medical research and development. The State is steadily gaining national recognition as an important center for discoveries in its scientific and medical communities.

In its June, 2012 BioPulse article A Snapshot of the Bioscience Industry, BioFlorida (“Florida’s bioscience industry association… represent(s) and advocate(s) for the state’s biotechnology, pharmaceutical and medical device industries”) reported that:
“While other states are seeing a decline in biotechnology investment and entrepreneurship, the biotechnology industry in Florida continues to grow, with venture capital investments surging by 200 percent(.)”

In recent years, Florida has succeeded in attracting and relocating premier research institutions, including:
• Max Planck Florida Institute for Neuroscience: “a study conducted by Enterprise Florida anticipates that the research organization will support the creation of more than 1,800 jobs, both directly and indirectly, over the next two decades, and generate more than $2 billion in economic activity.”

• Vaccine and Gene Therapy Institute of Florida: “the Florida-funded expansion of Oregon Health & Science University’s highly successful Vaccine and Gene Therapy Institute, focused on vaccine development with a special focus on vaccines and therapeutics that protect the aging population, which is the most vulnerable to disease.”
• Torrey Pines Institute for Molecular Studies: “conducting basic research to advance the understanding of human disease and the improvement of human health, Torrey Pines’ scientists conduct research in fields associated with a wide variety of major medical conditions, and new methods for drug discovery.”
• Sanford-Burnham Institute for Medical Research: “conducts world-class collaborative research dedicated to finding cures for human disease, improving quality of life; its Orlando facility focusing on diabetes and obesity.”

• Scripps Research Institute of Florida: “cutting edge facilities for researchers who conduct studies at the forefront of basic biomedical science, drug discovery, and technology development.”

A State-wide supporting infrastructure includes state-of-the-art university laboratories, hospitals, and research centers and the State’s 12 research parks, including:
• Florida Innovation Hub of the University of Florida: “will provide its resident companies with office space, laboratories, conference rooms, and other resources…to enable the advancement of their technology and marketing strategies….”

• Lake Nona Science & Technology Park: “this 600-acre site will be home to University of Central Florida’s new College of Medicine and Health Sciences Campus, Burnham Institute for Medical Research’s East Coast Campus, a University of Florida Research Center, Orlando VA Medical Center, and Nemours Children’s Hospital and Research Campus.

• Tradition Center for Innovation: “research and office park focused on immunology, medical devices, health care and clinical trials, and life sciences.”

• University of Miami Life Science and Technology Park: the complex “provides first-class facilities in an urban park setting in order to promote research, inspire collaboration between the University and private and public enterprise, deliver economic benefits to the local community and bring meaningful medical and technological advances to the world.”

To these may be added several business incubators supporting Florida’s growing number of startup companies.

Many scientists are entrepreneurs. They seek to develop proprietary and patentable life science-related products and medical devices. Their research initiatives lead to collaborations with like-minded colleagues; to financial arrangements with angel investors, venture capital, and private equity firms; and to strategic alliances, joint ventures, or mergers or acquisitions with more viable industry partners. Ultimately, that idea (the subject of interesting research, clinical study, and regulatory concern) reaches full commercialization and is subject to capital markets interest. Moreover, the idea or concept is eventually transformed into a universally available life-science miracle product or device.

“At each of the major junctures on the road to decipher the human genome, there were multiple issues, those that were legal-regulatory in nature and those of intellectual property, geopolitical divisions, and the maturity of information technology, personnel, and public relations, with which researchers and developers had to contend.” (Bryan Bergeron and Paul Chan, Biotech Industry: A Global, Economic, and Financing Overview John Wiley & Sons, 2004 (Kindle Edition Locations 1706-1707)

The road from basic research to commercialization may be long and tortuous. It can be a formidable affair. Financial and general management practices do not always equate with scientific methods; regulatory and legal compliance requirements can constrain clinical studies and medical procedures.

Business creation in the life sciences, as in other for-profit endeavors, catapults the entrepreneur into unfamiliar territory. Territory, where risk mitigation is critical and “timing everything.” Financial consultants, business advisors, and lawyers; each has a role in this mitigation process. It may not “take a village,” but it does require a multi-disciplinary and professional, team-oriented approach.

The business lawyer’s role, as confidant and counselor, is pivotal: whether the client’s “sounding board;” reviewing the impact of business or strategic plans; expressing opinions relating to governance or other corporate actions; negotiating contentious commercial or financial issues; securing patents; or doing deals. This is especially true when advising science and technology-oriented firms engaged in entrepreneurial business and financial transactions.

“A lawyer…is a representative of clients, an officer of the legal system, and a public citizen having special responsibility for the quality of justice. As a representative of clients, a lawyer performs various functions. As an adviser, a lawyer provides a client with an informed understanding of the client’s legal rights and obligations and explains their practical implications. As an advocate, a lawyer zealously asserts the client’s position under the rules of the adversary system. As a negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealing with others. As an evaluator, a lawyer acts by examining a client’s legal affairs and reporting about them to the client or to others.”

Lawyers shape relationships; a critical role often forgotten. For example, a successful transaction attorney is a “deal maker; not deal breaker.” Good transaction lawyers will not make “mountains out of molehills.” Counsel understands that the client will be living with deal results perhaps for years; while he or she moves on to the next case or transaction.

Good corporate lawyers focus core disciplines in business and finance. And, have a “familiarity with many apparently unconnected areas of legal practice;” including securities, antitrust, intellectual property, real property law and litigation. Such counsel, especially if engaged at an early stage, is well-positioned to help a bioscience, technology, and other industry entrepreneur initially create a viable business platform and thereafter, help navigating the legal “rocks and shoals” of the free enterprise system.

Carl H. Perdue, JD, LLM – Of Counsel
chp@assoulineberlowe.com

In Miami: 305-567-5576

In Broward: 954-929-1899

In Palm Beach: 561-361-6566

ERIC N. ASSOULINE, ESQ.

Eric N. Assouline

visit superlawyers.com

ASSOULINE & BERLOWE, P.A.

http://www.assoulineberlowe.com

Intellectual Property, Labor & Employment Law, Bankruptcy, Commercial Litigation, and Corporate Law

Miami · Ft. Lauderdale · Boca Raton

Photo is from . . . New York’s Hall of Science from the World’s Fair exhibit in Flushing, Queens.

Eric N. Assouline

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