Sean Mack

Partner

Sean Mack

Partner
201.270.4919
 

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As a litigator and business advisor with PSWH for more than 15 years, it is exciting to be part of the growing cannabis and hemp industries in New Jersey. This is a rare opportunity to be able to assist entrepreneurs and business owners as they form and operate new ventures in a quickly growing industry whose laws and regulations are just being written and are often in conflict at the state and federal level. The new and significant protections afforded to medical marijuana patients under New Jersey law, in employment, medical services and real estate, also present unique opportunities to educate clients and the courts. On behalf of our clients, I collaborate with my PSWH colleagues to provide a full spectrum of cannabis-related counsel.

Background

Sean Mack is the co-chair of the Firm’s Litigation practice and chair of the Cannabis and Hemp practice.

With significant experience counseling business owners in complex disputes, and recognition on the InsideNJ “Insider 100 Cannabis Power List” in 2019, Sean brings a unique set of skills to businesses interested in cannabis and hemp. Beginning in 2015, Sean 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. Building on that experience, Sean advises businesses interested in applying for medical cannabis or hemp licenses in New Jersey, and has represented other 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.  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 and real estate laws.

Sean’s business litigation practice focuses on complex disputes involving unfair business competition in a variety of forms. 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.

Sean is an experienced appellate advocate, having presented appeals in several federal appellate courts and New Jersey’s Appellate Division. He provides advice to Firm clients on bankruptcy and insolvency-related issues and represents creditors in bankruptcy proceedings.  He also has represented several Firm clients in contested probate proceedings.

Sean represents motor carriers in contract disputes and has provided advice on a variety of legal issues affecting motor carriers and the intermodal shipping industry, including worker misclassification issues and demurrage disputes.

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 to draft the legislation that was introduced by Senator Scutari in 2017. Senator Scutari’s bill was re-introduced in January 2018 as S830 and is pending.
  • 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
  • Representing 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 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.
  • 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, 2019
  • Best Lawyers, Commercial Litigation, 2013-2020
  • New Jersey Law Journal, “40 Under 40”, 2009, 2011
  • New Jersey Super Lawyers, Rising Star, 2010-2013
  • New Jersey Super Lawyers, 2016-2020

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.

No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

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