We are pleased to announce that Shareholder Susan Aprill recently participated as a faculty member at the College of Advanced Judicial Studies four-day program at SeaWorld in Orlando, Florida on May 28, 2019.

The College provides continuing legal education for state court judges. At its latest program, Ms. Aprill spoke and moderated sessions in a full-day class titled "Confidentiality for Civil Judges" to an audience of 32 judges. The program was designed to further educate attendees on the presumptive openness of judicial proceedings and court records, addressing situations such as when a judge can close a courtroom to the public, seal records, issue gag orders or limit cameras. The program explored the longest rule in the Rules of Judicial Administration and addressed situations where confidentiality may and may not be warranted. Additional program topics included a look at the new exemptions to the Public Records Act passed in the 2019 Legislative session and the Sunshine in Litigation Act, which prevents parties from concealing public hazards in confidential agreements.

As a long-time member of the Florida Bar's Media and Communications Law Committee, Ms. Aprill is a contributing author to The Reporter's Handbook, co-authoring chapters on "Defamation" and  "Reporter's Qualified Privilege".   

Ms. Aprill practices civil litigation and has represented real estate developers and owners; defendants in aircraft litigation, limousine companies, doctors and other health care providers, the press, officers and directors of homeowners and condominium associations, and a variety of domestic and foreign businesses across multiple industries in complex commercial matters. She has been court appointed as a receiver on several occasions, as well as a special master and mediator. 

By Joseph Englander 

Certain cannabis related trademarks are now registrable at the US Patent and Trademark Office (USPTO) under new Examination Guidelines (attached), because they are legal after passage of the 2018 Farm Bill.

Under the 2018 Farm Bill, cannabis plants and derivatives such as CBD that contain no more than 0.3% THC on a dry-weight basis are no longer controlled substances under the Controlled Substances Act (CSA).

Applicants should be aware that even if the identified goods are legal under the CSA, not all goods for CBD or hemp-derived products are lawful following the 2018 Farm Bill. Such goods may also raise lawful-use issues under the Federal Food Drug and Cosmetic Act (FDCA). Registration of marks for foods, beverages, dietary supplements, or pet treats containing CBD will still be refused as unlawful under the FDCA, even if derived from hemp, as such goods may not be introduced lawfully into interstate commerce.

The trademark applications of many growers, manufacturers and distributors were rejected previously, but now may either apply for registration, or amend previously rejected applications. A USPTO Trademark Registration is a valuable corporate asset as well as a means for fighting counterfeiters.

To read more on the matter, click here.

We are pleased to announce that Shareholder, June G. Hoffman, has been recertified in Appellate Practice by The Florida Bar Board of Legal Specialization and Education. Hoffman has maintained her Appellate Practice specialization status since 2003.