News Type: Headlines

Bravo to our partners Michael Poster and Mehmet Baysan, who have been named 2021 Northeast Trailblazers by the American Lawyer!

To read the full list, click here.

Michael Poster, Chair of M&R’s Corporate & Securities Department, was instrumental in helping to close a big deal in the film music business: Concord Music’s recent acquisition of music label Varèse Sarabande from Film Score Records, an investor group led by The Cutting Edge Group (responsible for such well-known soundtracks as Whiplash, Sicario) and Barings LLC. As detailed in a recent Billboard feature, Varèse Sarabande, under Concord Music’s ownership, will continue to release scores from major and independent film studios, network TV studios, digital streaming platforms, and A-list producers. Of note, the purchase also includes the Varèse Vintage imprint that specializes in releasing new and re-issued albums by classic pop, jazz and country artists.

Of note, Mr. Poster guided the original acquisition of Varèse Sarabande by Barings in 2012. With its sale this week to Concord Music, Barings has realized a very substantial return on its investment.

Congratulations to Seth Darmstadter and Matthew Lasky for their selection to the list of 2018 Illinois Rising Stars.

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. Only 2.5 percent of lawyers practicing in each region are selected for inclusion in Rising Stars annually.

Each year, the research team at Super Lawyers Magazine undertakes a rigorous multi-phase selection process that includes a statewide survey of lawyers, independent evaluation of candidates by the attorney-led research staff, a peer review of candidates by practice area and a good-standing and disciplinary check.

Michelman & Robinson, LLP (M&R) successfully defended a patent on behalf of Palomar Technologies, Inc. (“Palomar”) in an Inter Partes Review (“IPR”) proceeding before the United States Patent Office. Jan Weir, a partner in M&R’s Intellectual Property Practice, and Kathrine Brandt, a senior associate, represented Palomar before a three-judge panel in Washington D.C., which upheld 47 out of 48 of Palomar’s claims, despite the defendant’s allegation that they were invalid as anticipated over prior art not previously in front of the Patent Office when it originally granted the patent. This is truly a significant accomplishment given the approximate 17% success rate for patent owners in similar IPR proceedings.

Each year, California Lawyer recognizes a select and distinguished group of attorneys for achievements having a significant impact on public policy, the law, the legal profession, or a particular practice area. For 2017, one of these celebrated few is our very own Robin James.

Robin has just been named a recipient of a 2017 California Lawyer of the Year (CLAY) Award from the magazine for her stellar work in California Centinela Freeman v. Health Net of California, in which the California Supreme Court unanimously decided in favor of M|R’s clients (emergency medicine providers), ruling that health plans can be sued over unpaid medical bills even if those plans passed financial responsibility for emergency medical expenses to third parties.

It is a privilege and thrill to have a CLAY Award winner in our midst. Congratulations Robin.

Michelman & Robinson, LLP is pleased to announce that one of our Chicago attorneys have been included in Illinois Rising Stars for 2017. Congratulations to Seth Darmstadter for their selection to the list.

Super Lawyers and Rising Stars is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. Only 2.5 percent of lawyers practicing in each region are selected for inclusion in Rising Stars annually. Each year, the research team at Super Lawyers Magazine undertakes a rigorous multi-phase selection process that includes a statewide survey of lawyers, independent evaluation of candidates by the attorney-led research staff, a peer review of candidates by practice area and a good-standing and disciplinary check.

In ongoing trademark infringement litigation initiated by Strategic Partners, Inc. (SPI) against Koi Design, LLC (Koi), the Honorable Terry J. Hatter, Jr., Judge of the United States District Court for the Central District of California, ordered Koi and its attorney, Albert Douglas Mastroianni of the Mastroianni Law Firm, to pay a massive $250,000 in sanctions for their failure to participate in discovery in the case, and in so doing, Judge Hatter also issued a stern warning.

The dispute between SPI – represented by Michelman & Robinson, LLP (M&R) – and Koi arises out of Koi’s launch of a line of medical scrubs called Koi Sapphire targeted to healthcare workers. In its U.S. District Court case, SPI contends, among other things, that Koi’s sale of Koi Sapphire scrubs infringes upon SPI’s registered trademark – Sapphire Scrubs – which is associated with a competing collection of scrubs also marketed to medical personnel.

In prosecuting SPI’s action, M&R propounded comprehensive discovery upon Koi, which Koi neglected to respond to. Consequently, M&R filed a motion to compel discovery responses, which was granted by the Honorable Gail J. Standish. Nevertheless, Koi failed to abide by Magistrate Judge Standish’s order to provide answers to interrogatories and produce documents, leading M&R to move for terminating sanctions on behalf of SPI.

After considering Magistrate Judge Standish’s Report and Recommendations, Judge Hatter, on May 17, 2018, issued the mammoth quarter-million dollar sanction order, and made clear that the failure of Koi or Mr. Mastoianni to comply with court orders going forward will result in a judgment for SPI. In the meantime, M&R continues to aggressively litigate the case, with a hearing on SPI’s motion for summary judgment currently pending.

Said Mike Singer, CEO of SPI, “I’ve always believed in our judicial system, the mindfulness of our judges, and the attention they pay not only to the cases before them, but also to the way in which parties and attorneys conduct themselves during litigation. Michelman & Robinson’s representation continues to be extraordinary.”

Added Todd Stitt, M&R’s lead counsel on the case, “as a rule, we keep our foot on the pedal during litigation and expect to be provided the information requested during discovery. Here, Koi has been nothing but unresponsive or otherwise evasive, which is why motions to compel and for terminating sanctions were pursued. Judges Standish and Hatter made the right decisions in this instance, and we’ll continue to zealously move forward in this matter, as is our practice.”

Along with Mr. Stitt, Taylor Foss, Robert Estrin and Jennifer Mauri are the M&R lawyers handling the case for SPI. The $250,000 in sanctions must be deposited with the Court’s clerk by mid-July.

M&R has once again been recognized for its great work, this time by Vault.com.

Best known for its influential rankings, ratings and reviews of thousands of employers, Vault named M&R one of the Top 150 Under 150 (its list of leading midsize law firms). M&R was also ranked no. 12 on two additional Vault lists: best midsize law firms for hours and best midsize law firms for diversity.

M&R takes seriously its standing within the legal community, and is proud to have been acknowledged by Vault, especially for its diversity efforts.

View M&R’s profile on Vault.com

M&R has once again been recognized for its great work, this time by Vault.com.

Best known for its influential rankings, ratings and reviews of thousands of employers, Vault named M&R one of the Top 150 Under 150 (its list of leading midsize law firms). M&R was also ranked no. 12 on two additional Vault lists: best midsize law firms for hours and best midsize law firms for diversity.

M&R takes seriously its standing within the legal community, and is proud to have been acknowledged by Vault, especially for its diversity efforts.

View M&R’s profile on Vault.com

In a significant trademark infringement case initiated by Strategic Partners, Inc. (SPI) against Koi Design, LLC (Koi), the Honorable Terry J. Hatter, Jr., Judge of the United States District Court for the Central District of California, ordered that terminating sanctions be imposed upon Koi, that the answer filed by Koi to SPI’s complaint be stricken and that Koi’s default be entered. This, after Koi and its attorney, Albert Douglas Mastroianni of the Mastroianni Law Firm, failed to pay a massive $250,000 in sanctions previously ordered for their failure to participate in discovery in the case.

The dispute between SPI – represented by Michelman & Robinson, LLP (M&R) – and Koi arose out of Koi’s launch of a line of medical scrubs called Koi Sapphire targeted to healthcare workers. In its U.S. District Court case, SPI contended, among other things, that Koi’s sale of Koi Sapphire scrubs infringed upon SPI’s registered trademark – Sapphire Scrubs – which is associated with a competing collection of scrubs also marketed to medical personnel.

In prosecuting SPI’s action, M&R propounded comprehensive discovery upon Koi, which Koi neglected to respond to. Consequently, M&R filed a motion to compel discovery responses, which was granted by the Honorable Gail J. Standish. Nevertheless, Koi failed to abide by Magistrate Judge Standish’s order to provide answers to interrogatories and produce documents, leading M&R to move for terminating sanctions on behalf of SPI.

After considering Magistrate Judge Standish’s Report and Recommendations, Judge Hatter, on May 17, 2018, issued the mammoth quarter-million dollar sanction order, and made clear that the failure of Koi or Mr. Mastroianni to comply with court orders going forward would result in a judgment for SPI. That is precisely what looks to be happening, with SPI’s motion for default judgment currently in the works. Todd Stitt, Taylor Foss and Robert Estrin are the M&R lawyers who continue to handle the case for SPI.