Overview
Sean Mack is the co-chair of the firm's Litigation practice and chair of the firm’s Cannabis & Hemp practice. He also serves as a member of the firm's Executive Committee. Clients turn to Sean for his steadfast guidance, sincere interest in the success of their businesses, and extensive knowledge of New Jersey’s and New York’s regulations and case law in the cannabis and hemp industries, for both adult-use recreational marijuana and medical marijuana.
Cannabis
With significant experience counseling business owners in complex disputes, Sean brings a unique set of skills to businesses interested in cannabis and hemp/CBD. Sean not only has assisted dozens of companies to navigate the complicated adult use cannabis licensing process in New Jersey and New York, but he also serves as outside general counsel to his clients by providing ongoing legal and regulatory advice following licensing approval. Sean leverages the specialized experience of other Pashman Stein Walder Hayden lawyers to provide a full spectrum of legal services to his cannabis industry clients, including advising on corporate formation and financing; regulatory compliance; supplier contracting; commercial real estate, land use, and zoning; construction; business litigation; labor & employment; intellectual property; insurance recovery and liability; and risk management.
Recognized on the InsiderNJ “Insider 100: Cannabis Power List” as an influential voice in the cannabis debate in each of the past three years of rankings, Sean has been active in cannabis reform since 2015, when he 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.
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.
Business Litigation
Sean’s business litigation practice focuses on complex disputes involving unfair business competition. 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. With his strong business acumen, he is often brought in to advise firm clients on bankruptcy and insolvency-related issues, and has represented creditors and debtors in bankruptcy proceedings. He also has represented several firm clients in contested probate proceedings.
Appellate Advocacy
Sean is an experienced appellate advocate, having presented appeals in many federal and state courts. Sean often leads teams of Pashman Stein attorneys to prosecute appeals of complex matters that were lost at the trial level by other law firms.
Sean began his legal career with Debevoise & Plimpton LLP, where he practiced commercial litigation for many years before joining Pashman Stein in 2005.
In Sean's Words:
"As chair of the firm’s Cannabis and Hemp practice, I have a rare opportunity to assist entrepreneurs and business owners as they form and operate new ventures in New York and New Jersey’s quickly growing recreational adult-use industry. The laws and regulations are evolving and are often in conflict at the state and federal level, presenting challenges to an already competitive landscape. The protections afforded to medical marijuana patients under state law, in employment, medical services and real estate, also present significant business issues for clients and considerable review in our courts. On behalf of our clients in the cannabis and hemp industries, I collaborate with my Pashman Stein colleagues to provide a full spectrum of cannabis-related legal and business counsel."
Experience
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)
Recognition
Honors & Recognitions
Selected for inclusion in the list of:
- InsiderNJ, “Insider 100: Cannabis Power List,” 2022, 2021 & 2019
- Best Lawyers, Commercial Litigation, 2013-2025
- New Jersey Super Lawyers, 2016-2024
- New Jersey Super Lawyers, Rising Star, 2010-2013
- Selected for inclusion in the list of NJBIZ "2024 Law Power 50" List
The “2024 Law Power 50” List is published by the NJBiz. A description of the selection methodology can be found at Power List Methodology - NJBIZ.
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.
The Best Lawyers list is issued by BL Rankings, LLC of the selection methodology can be found at https://www.bestlawyers.com/About/MethodologyBasic.aspx.
The Insider 100: Cannabis Power List is issued by Insider NJ. A description of the selection methodology can be found at https://www.insidernj.com/2021-insider-cannabis-power/.
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News & Insights
News
Blog Posts
Associations
Community & Professional
- Member, New Jersey Bar Association
- Member, Bergen County Bar Association
- Former Member, District II-B Ethics Committee
Bar Admissions
- New Jersey
- New York
Court Admissions
- U.S. District Court, District of New Jersey
- U.S. District Court, Southern District of New York
- U.S. District Court, Eastern District of New York
- U.S. Court of Appeals, Second Circuit
- U.S. Court of Appeals, Fourth Circuit
- U.S. Court of Appeals, Sixth Circuit
Education
B.A., College of the Holy Cross, 1995, cum laude
J.D., Rutgers University School of Law, 1999, with highest honors, Order of the Coif