Jesse co-chairs Harris Sliwoski’s Dispute Resolution / Litigation practice group. He has an extensive domestic and international litigation background and has represented clients from a wide range of industries in high stakes disputes. Jesse represents numerous clients in the cannabis industry and he regularly writes on litigation issues involving hemp and CBD. In every dispute, it is Jesse’s goal to find the best and most cost-effective solution for his clients. His analytical mind, excellent writing skills, and steady presence allow him to find unique solutions to complicated domestic and international disputes.
On Tuesday, September 6, 2022, a Rules Advisory Committee (RAC) of the Oregon Liquor & Cannabis Commission (OLCC) had its first meeting to discuss amendments to the administrative rules governing licensed marijuana businesses. Specifically, the RAC met to discuss new, proposed rules that would reclassify marijuana violations. This post discusses some of the proposed reclassification
Published in Law360 on August 30, 2022. © Copyright 2022, Portfolio Media, Inc., publisher of Law360. Reprinted here with permission. A recently filed cannabis case in Oregon, Drops LLC v. La Mota LLC, demonstrates pleading of two forms of the alter ego theory of liability. Most lawyers and business owners know that one of the
Last summer, the Massachusetts based retailer Curaleaf mistakenly mixed-up THC with CBD at a bottling plant in Portland. Approximately 1,500 mislabeled bottles containing what the Oregonian describes as a “jumbo” dose of THC were shipped under the brand name Select and sold as containing only CBD. Although many of the bottles were recalled at the
When going into business—whether cannabis or otherwise— the first step is to create a business entity. (This seems obvious but still eludes many in the cannabis industry.) One of the principal purposes of establishing a business entity to limit the personal liability exposure of the founders. Typically, the business entity itself and not the investors,
In May 2021, we wrote about the injustice of the Mississippi Court of Appeals affirming a life sentence without eligibility for probation or parole in the case of Allen Russell. Mr. Russell was found in possession of 43 grams (1.5 ounces) of marijuana. A legal basis for Mr. Russell’s brutal sentence was the fact that
The Texas Supreme Court recently upheld the state’s smokable hemp ban. This is bad news for the smokable hemp industry inside and outside of Texas. Today, we’ll look at what happened. As our readers know, the federal 2018 Farm Bill classified “hemp” as an agricultural product and removed hemp from schedule I of the federal
Civil litigation in cannabis, like any other industry, usually proceeds in a predicable order. First, a complaint is filed and served. This kicks off the lawsuit and compels a defendant to file an Answer to avoid a default judgment. Second, the parties conduct written discovery: i.e. gathering relevant documents, identifying potential witnesses, and serving interrogatories and
Investors in marijuana businesses face many risks. To name just a few: the subject of their investment is illegal under federal law; the businesses in which they are investing face heavy tax burdens because of IRC 280e; and the lack of access to banking services means businesses operate nearly exclusively cash, which makes tracking sales,
Like all commercial litigation, cannabis business litigation is expensive and in most circumstances a party cannot recover its attorneys’ fees. The exception is where recovery is authorized by a contract or a statute. This post discusses how a party in commercial litigation—whether involving cannabis or not—can use an Offer of Judgment to leverage a more
Who is a “qualified applicant” under Oregon’s new marijuana license reassignment program? First, some context. House Bill 4016, which introduced the reassignment concept, represents a sea change for Oregon’s licensed marijuana industry. The bill presently awaits signature by the Governor, and no one is betting it won’t become law. Our take on all of Oregon’s
