Monday 23 January 2017

Real-Estate Law Firms Roll With the Market

J. Philip Rosen, the co-head of Weil Gotshal & Manges’ white-shoe real-estate law practice, was dropping his daughter off at Columbia University this year when he noticed a long line of cars each with an Amazon Prime decal on its side.
At the time he was trying to expand Weil Gotshal’s practice representing the warehouse owners who lease space to Internet retail giants. Eyeing the cars, he figured a little bit of information about Amazon Prime’s business would be helpful. “I went to the driver of one of the cars and said what’s going on here?” Mr. Rosen recalled.

Mr. Rosen slipped him a bit of money as an incentive. “Twenty dollars later he said ‘sure, I’ll tell you.’”

As real-estate owners adapt to new technologies, the law firms that represent them are changing to keep up with existing clients and add new ones. In Weil Gotshal’s case, the intel Mr. Rosen gleaned from the driver and from a road trip he took visiting modern warehouses along the New Jersey Turnpike helped the firm gain business.

Clients hired Weil Gotshal to represent them in four of North America’s five largest industrial real-estate transactions in the past two years. “Clients want more than just somebody who can do paperwork on transactions,” Mr. Rosen said. “You have to be able to give business advice.”

Other New York patent law firms that have dominated the city real-estate industry over the decades have figured out other ways to mine business from the new, technologically oriented players showing up on the scene. Clients of Gibson, Dunn & Crutcher, another firm with a large real-estate practice, include WeWork, an innovative office-space company that signs long-term leases, adds hip designs and amenities and sublets to startups and other small businesses.
New York’s law firm with the largest real-estate practice, Fried, Frank, Harris, Shriver & Jacobson LLP, is trying to leverage that strength as it tries to develop more business in the tech sector. For example, the firm has been trying to add more U.K. tech startups as clients, particularly those interested in branching out to the U.S.

“It certainly is of interest that we have a strong real-estate practice,” said Daniel Glazer, a partner in the firm’s tech practice. “We’re happy to leverage the contacts and friends that we have.”

Firms with big traditional real-estate practices have to work hard to keep up with technological changes if they don’t have large tech businesses. Startups typically prefer law firms with large Silicon Valley practices that have legal expertise in such things as raising money from venture capitalists and initial public offerings.

That’s true even for many startups trying to serve the real-estate industry, like CompStak and VTS. “You want to be connected to lawyers who are up to date on the latest things in seed funding and venture capital,” said Michael Mandel, chief executive of CompStak.

Orrick, Herrington & Sutcliffe LLP, a firm with a big presence in Silicon Valley, has about 20 clients involved in the real-estate-technology industry, including LoopNet and Opendoor. “We don’t think the fact that [law firms] have a traditional Real Estate Attorney business is a real competitive advantage,” said John Bautista, head of Orrick’s technology-companies group.

Still, lawyers at some of New York’s traditional real-estate firms are figuring out a way of muscling into the brave new world of real estate. Mr. Rosen, at Weil Gotshal, says his firm didn’t pay much attention to warehouses and other industrial real estate until the Internet-retail boom, because deals were too small. Weil Gotshal’s big deals include Prologis Inc.’s purchase this year of KTR Capital Partners for $5.9 billion. KTR was the firm’s client.

“Now the pricing has gone through the roof,” he said. “Industrial space has taken off because of ecommerce and conversions to residential.”

Just after the second big deal, Mr. Rosen said he had his “aha moment.” He drove down the New Jersey Turnpike, popping in on warehouses to see how ecommerce worked on the ground level. “It was very eye-opening,” he said. “They have robots that find the products in the aisle and bring it up front and wrap it and prepare it for distribution.”

The human beings still working at the warehouse were happy to show him around. “It didn’t even take 20 bucks,” he said. “It just took a smile and a please.”

Resource By : http://www.wsj.com/articles/real-estate-law-firms-roll-with-the-market-1449455493

Friday 20 January 2017

Why do you need to hire a real estate lawyer?

Buying a home or selling a home is really a long and hard process. And, if you are buying or selling a home for the first time, you might not even know what to look for, and when you are going to be taken for a ride. This is something that most people want to avoid at all costs.

There are many reasons why you want to hire a real estate lawyer. Especially, if you are buying, selling or renting a home for the first time. You need to make sure that everything is above board. Without hiring a legal ad visor, you might not know if you are being scammed or not. These are some other reasons why you should hire a legal advisory for real estate:

They know the law with property

One of the first and most important reasons why you should consider hiring and using a Real Estate Lawyer, is because they know the law with property buying and selling.

Even, if you are buying property that you are going to lease out, they will be of great assistance for you to make sure that your contracts with your tenants are going to be legit and legal. Without using these legal advisers, you are going to struggle and might even find it really hard to buy or sell property. They are the key to ensure that you don’t get into trouble with property buying or selling laws.

They are reading a contract for fine print that can harm you

Using Real estate attorneys is going to make sure that you have a fair contract. We all know that when we need to sign a contract, we normally don’t read through everything and most probably don’t understand everything within the contract.

When you are making use of legal ad visors that are specialized in property, you will know that they are reading everything on the contract and making sure that there isn’t any fine print that might harm you on the long run. This can happen so easily, and you don’t want to be the one caught with fine print in a contract.

These legal ad visors can assist you with evictions and non-payments

When you have property that you are leasing to tenants, you can’t go without a Real Estate Attorney. This is because they can assist you when you need to evict someone from your property and they can handle the non-payment problems that so many landlords are dealing with on a daily basis.

When you are using legal ad visors for your property and to manage your tenants for you, you will not need to stress about payments not getting paid and you struggling to get someone evicted from the building. You will have peace of mind with legal advice behind you, all the way.

Resource By : https://www.prlog.org/12614284-why-do-you-need-to-hire-real-estate-lawyer.html

Tuesday 17 January 2017

Top Intellectual Property Litigation

At the LAW FIRM OF DAYREL SEWELL, PLLC we remain federal and state court trial-ready. Great consideration, directed energy, and several years of litigation expertise are devoted to obtaining successful client results. It is our philosophy that when litigation is best to protect and enforce the rights of our clients, that painstaking attention to detail and well-thought litigation strategy—coupled with experienced litigators—are the best service to clients.

We work closely with clients to emphasize the merits of their case, so that the best case can be made to the court. In addition to full-scale litigation, the firm implements an array of strategies for clients including, but not limited to, arbitration, mediation, and settlement negotiations. Whichever route is decided upon, it is done so at the best interest of our clients at all times.

Mr. Sewell continuously distinguishes himself as a top litigation attorney. He is recognized as “Superb” and a “Top Litigation Attorney” by the lawyer-rating service Avvo.

Visit UShttps://sewellnylaw.com/intellectual-property

Friday 13 January 2017

Myriad Back in Court on Patent Subject Matter Eligibility

On June 13, 2013, the Supreme Court issued a unanimous decision holding that “genes and the information they encode are not patent eligible simply because they have been isolated from the surrounding genetic material.” See Association for Molecular Pathology v. Myriad Genetics Corp. (AMP), 133 S. Ct. 2107, 2120 (2013). Attorney Sewell’s publication entitled “Unanimous U.S. Supreme Court and Angelina Jolie: BRCA1 & BRCA2 Patentability” is widely disseminated, well-received by his peers, and sparks considerable commentary.

Background

In somewhat of a twist, the Supreme Court’s decision against the patentability of isolated DNA prompted more—not less—litigation by Myriad regarding gene patents. Between 1997 and 2013, Myriad’s revenue from its BRACAnalysis test steadily increased, and totals more than $2 billion. BRACAnalysis is a genetic test that confirms the presence of BRCA1 or BRCA2 gene mutations, responsible for the majority of breast and ovarian cancers. Myriad earned that revenue by carefully guarding its patent rights and preventing others from providing screening tests for the BRCA1 and BRCA2 genes. From the mid-1990s, until the Supreme Court’s AMP decision, Myriad was the lone provider of full-sequence BRCA1 and BRCA2 tests in the United States. Within days of the Supreme Court’s AMP decision, Defendant Ambry Genetics Corporation announced plans to sell tests less expensive than Myriad’s to screen BRCA1 and BRCA2 genes. Ambry Genetics Corporation is a clinical diagnostic and genomic services company in Aliso Viejo, California. Defendant now offers a menu of at least six tests that include screening for BRCA1 and BRCA2: a combined BRCA1/BRCA2 test, BRCAPlus, BreastNext, PancNext, Ova Next, and CancerNext. Defendant’s BRCA1/BRCA2 test is available for $2,200—substantially less than the price for comparable testing offered by Myriad.

Soon after Defendant Ambry made its announcement, Myriad filed a complaint in the District Court of Utah alleging that Ambry’s genetic testing infringes several of Myriad’s patents. Myriad also moved for a preliminary injunction to enjoin Defendant Ambry from sales or offers to sell “genetic tests including a BRCA1 or BRCA2 panel”. Ambry opposed the motion, alleging that the claims were invalid under 35 U.S.C. § 101 et seq. The district court divided the Myriad gene patent claims at issue into the Primer Claims and the Method Claims.
On March 20, 2014, the Utah District Court held that Plaintiffs are not entitled to a preliminary injunction because “although Plaintiffs have shown they are likely to be irreparably harmed if an injunction does not issue, Defendant has raised substantial questions concerning whether any of the patent claims at issue in Plaintiffs’ Motion are directed toward patent eligible subject matter under 35 U.S.C. § 101”. Myriad then appealed to the Federal Circuit the denial of its motion for a preliminary injunction.
 
U.S. Federal Circuit Court of Appeals

On October 6, 2014, Chief Judge Prost and Judges Dyk and Clevenger of the U.S. Court of Appeals for the Federal Circuit heard oral argument in the interlocutory appeal of the Utah district court’s denial of Myriad’s motion for preliminary injunction against Ambry Genetics. In re BRCA1- and BRCA2- Based Hereditary Cancer Test Patent Litigation, Case Nos. 14-1361, -1366. The two main issues that dominated the argument are: 1) the correct implementation of the test for patent eligibility; and 2) the application of this test to probes and primers. The impact on the biotechnology industry was also discussed.
Jonathan E. Singer, counsel for Myriad, began by arguing that both the Federal Circuit and the Supreme Court had previously acknowledged that Myriad was entitled to patent some applications of their newly-discovered gene sequence and tools designed specifically to utilize that sequence. Myriad argues that primer pairs are patent subject matter eligible under 35 U.S.C § 101 because the pairs are structurally and functionally different than a single fragment of DNA. Counsel for Myriad also argued that, as a whole, the method of screening for alterations on the BRCA genes involves steps of the method claims, when considered together, effect an improvement in a technical field – by using Myriad’s probes and primers that Myriad invented.

With respect to the primer claims, Ambry argues that these claims are patent-ineligible because, in addition to reciting patent-ineligible products of nature, the claims fail under Alice because they are a generic component used to amplify a person’s gene sequence to access the sequence information for the patent-ineligible sequence comparison. As for the method claims, Ambry argues that under Alice, “the combination of unpatentable subject matter and a generic physical application is no more patent eligible than a claim reciting only the unpatentable subject matter.” See Ambry Supplemental Brief at page 3.

Conclusion

What is clear from the district and appellate court arguments is that it does not appear likely that Myriad will be successful in its attempts to preliminarily enjoin Ambry. Additionally, the biotechnology industry is looking towards the Federal Circuit for guidance on the correct implementation of patent subject matter eligibility under Myriad, Mayo, and Alice.
 
Intellectual property (patents, trademarks, copyrights, trade secret) is all around us and is valuable. The things that we use, watch, and buy are items that were thought of and then put into practice. Attorneys at the New York LAW FIRM OF DAYREL SEWELL, PLLC protect your intellectual property Law, so that you can maximize value. The majority of our attorneys possesses scientific training and is well-experienced in the litigation and prosecution aspects of patents, trademarks, copyrights, trade secrets, licensing, unfair competition, and more. Our passion and commitment is unmatched and is one of several aspects that set us apart from our peers. We care. As a result, our clients receive legal expertise with individualized attention by attorneys who are invested in the outcome of your matters. Our clients realize the value that this law firm delivers and are committed to a long-term, rewarding, attorney-client relationship.

Resource By : https://sewellnylaw.com/myriad-back-in-court-on-patent-subject-matter-eligibility

Wednesday 11 January 2017

Buying your (first) real estate

You have decided to buy a real estate property — but what’s next? For most people buying real estate, especially an apartment or a house is the biggest investment they will make in a lifetime. Many of us who decide to buy it, will take literally a whole life to pay it off. Therefore, it is essential to choose well. Otherwise, bad buying will leave disastrous consequences on our wallets, but also on the quality of life.

Every one of us wants a place that could call a home. Before you decide to purchase the desired real estate, it is important to avoid the mistakes that most people make. This is a long and complicated job, which in addition to being exciting, is often full of stress and worry. Whether you are buying an apartment, house or any other real estate for the first time in your life, or you have done it a few times already, it is important to stay away from some of the most common mistakes. When buying real estate, it is important to be open to all possibilities, to examine everything well and to know what is on the offer. Do not, for example, limit it to one quart or one apartment. It could easily happen that your offer will appeal to owners, but you will lose the desired apartment. Take a few potentially good real estates and determine the extent to which you can go. 


Today more and more people use the help of the real estate attorney or agent. Buying and selling any type of property is not only a great and very important event in the life of every individual, but it is a complex transaction. That is why people who buy or sell a non-real estate sector most often in fact seek help from real estate agents. These professionals are well acquainted with the real estate market in its scope. They know how to find the residential area that best suits to the wishes and financial possibilities of their parties. They also have good knowledge of tax and other laws relevant to the purchase or sale of real estate.
Some of the things you can, of course, do by yourself. Some other things have to be done by the specialist, in this case by real estate lawyer, agent, or any other specialist you need help from. If you choose to hire the agent or lawyer, it is a good to make sure that it’s his only job, his specialty, that he has experience and knows everything about it. Thousands of cheated people, numerous lawsuits, destroyed destinies and personal tragedies are warning us again and again that the purchase of real estate needs to be done very carefully. Sometimes costly accidents occur because the customer wants to purchase it cheaper, sometimes out of ignorance and avarice, but also because of the readiness of the crafty seller to gullible scams. Therefore, no good rush into dubious and unsubstantiated transactions as much as the property seemed appealing, and even when it seems that all the documents are normal, you should be able to read it clearly.

Buying real estate is neither easy nor simple task, so it should be definitely consulted with the experts, such as, for example Mr. Sewell from Law Firm of Dayrel Sewell, PLLC. He is definitely one of the best real estate attorneys, who will guide you through the whole process of buying, without letting you even notice that it is pretty tough job to do.

Except of the great help you will have from specialist of this kind, real estate lawyer can help you in any other law matter related to that real estate purchase that can come up later. Before you make your final decision to purchase the property and completely fall in love with it, it is important to thoroughly check the financial framework in which to enter, starting with the mortgage, the amount you can pay if you take a loan, all in all, if you can even afford that particular property. Once you are clear with all this, you are more than ready to buy that real estate for yourself.

Real Estate Attorney

Every one of us wants a place that could call a home. Before you decide to purchase the desired real estate, it is important to avoid the mistakes that most people make. This is a long and complicated job, which in addition to being exciting, is often full of stress and worry. Whether you are buying an apartment, house or any other real estate for the first time in your life, or you have done it a few times already, it is important to stay away from some of the most common mistakes. When buying real estate, it is important to be open to all possibilities, to examine everything well and to know what is on the offer.



Do not, for example, limit it to one quart or one apartment. It could easily happen that your offer will appeal to owners, but you will lose the desired apartment. Take a few potentially good real estates and determine the extent to which you can go. Today more and more people use the help of the real estate attorney or agent. Buying and selling any type of property is not only a great and very important event in the life of every individual, but it is a complex transaction. That is why people who buy or sell a non-real estate sector most often in fact seek help from real estate agents. These professionals are well acquainted with the real estate market in its scope. They know how to find the residential area that best suits to the wishes and financial possibilities of their parties. They also have good knowledge of tax and other laws relevant to the purchase or sale of real estate. 


Visit US
https://sewellnylaw.com/real-estate-attorney

Thursday 5 January 2017

patent law firm

Mr. Ngo is well-versed in prosecution matters before the United States Patent & Trademark Office as he has extensive experience with the patent application preparation and prosecution process.


He has performed many U.S. and PCT patent application filings. Mr. Ngo has drafted patent applications, responses to Office Actions, validity, infringement and freedom-to-operate opinions, and appeal briefs in the biochemical, biotechnology, chemical, pharmaceutical, medical device, nanotechnology, and mechanical arts, and more specifically pharmaceutical compositions, polynucleotide and polypeptide sequences, polymer compositions, rocket engines and systems, catalysts, engineered catalytic systems, stents, etc. He has represented the spectrum of patent and trademark owners, drug companies, chemical companies, non-institutional clients, and more.

While at reputable patent law firms in the Washington, D.C. and Philadelphia areas, Mr. Ngo’s foci were in the areas of intellectual property and litigation support.

Visit US : https://sewellnylaw.com/patent-law/

Wednesday 4 January 2017

We Have a One-On-One, Personal Approach That Isn’t Typical Of Many Attorney-Client Relationships.

Mr. Ngo is well-versed in prosecution matters before the United States Patent & Trademark Office as he has extensive experience with the patent application preparation and prosecution process.

He has performed many U.S. and PCT patent application filings. Mr. Ngo has drafted patent applications, responses to Office Actions, validity, infringement and freedom-to-operate opinions, and appeal briefs in the biochemical, biotechnology, chemical, pharmaceutical, medical device, nanotechnology, and mechanical arts, and more specifically pharmaceutical compositions, polynucleotide and polypeptide sequences, polymer compositions, rocket engines and systems, catalysts, engineered catalytic systems, stents, etc. He has represented the spectrum of patent and trademark owners, drug companies, chemical companies, non-institutional clients, and more.

While at reputable patent law firms in the Washington, D.C. and Philadelphia areas, Mr. Ngo’s foci were in the areas of intellectual property and litigation support.

To continuously expand his technical and legal expertise after law school, Mr. Ngo obtained an M.S. in Biotechnology from the Johns Hopkins University Graduate School, and involves himself with speaking engagements and meetings with an inventors’ club and with online intellectual property groups and clubs.

Prior to law school—with academic, scientific background, and practicum requirements being met—Mr. Ngo received his B.A. in Biochemistry from The University of Texas, and earned supplemental credits in coursework in Biological Sciences from the Harvard University Extension School and the University of Houston. Further, he was a research assistant at The University of Texas Southwestern Medical Center in Dallas, TX, where he assisted in arthritis research. Furthermore, Mr. Ngo was a research technician at Massachusetts General Hospital in Boston, MA, where he assisted in HIV research.

Some examples of Attorney Ngo’s work include:

• drafting and registering patent and trademark applications
• issuing patent and trademark opinions

Bar admissions

• Virginia
• District of Columbia
• United States Patent Bar

Degrees

• J.D., South Texas College of Law
• M.S., The Johns Hopkins University Graduate School
• B.A., The University of Texas

Publications & Presentations

• “Patent Law Reform 2011,” Panel Member, Inventors Network of the Capital Area, September 19, 2011.
• “The Patent Application Process,” Speaker, Inventors Network of the Capital Area August 23, 2010.
• “Longitudinal analysis of T cell receptor (TCR) gene usage by human immunodeficiency virus 1 envelope-specific cytotoxic T lymphocyte clones reveals a limited TCR repertoire,” J. Exp. Med., 1994 Apr 1;179(4):1261-71.


Resource By : https://sewellnylaw.com/steve-ngo