Demand letters are valuable tools for creating records, dispute resolution, and much more. But, they can backfire and lead to liability for the sender and even its attorney for threats or demands that are legally improper. Today, we’ll cover some of the basics of when demand letters go too far. What is the purpose of
Last week, Phylos Bioscience filed a federal court complaint against Silver Lion Farms in the District of Oregon. The complaint details that Phylos and Silver Lion had entered into a Letter of Engagement for Silver Lion to purchase $2,954,250 worth of hemp seeds of two different varieties – 14,625,000 of AutoCBD seeds and 8,775,000 of
The litigation fallout from the hemp rush continues to wind its way through state and federal courts. Just a few years ago everyone and their brother was hot on hemp. Investment capital flooded into Oregon and other states and the industry was awash in new Hemp/CBD farming, processing, manufacturing, and retail businesses. The sheen has
I spend a lot of time with business owners discussing their cannabis business value. Often, they come to me when they realize they have a problem with their current or former business partner. We all like to assume our business relationships will continue indefinitely as the venture increases in value and the owners see eye-to-eye
Spotify AB (“Spotify”) has prevailed in two opposition proceedings it brought against the registrations of two POTIFY marks, which were applied for by U.S. Software Inc. (“U.S. Software”), in connection to its Potify platform. According to U.S. Software, Potify is “a backend software platform designed for legal marijuana dispensaries to market and sell their products.”
If you are suing your cannabis insurer, read this first. The venue in which you plan to file is of the utmost importance. The status of marijuana as a schedule I narcotic has made cannabis insurance litigation a bit of a chess match. Many cannabis businesses enjoy the benefits of state legalization and the ability
Here’s a scenario our cannabis lawyers and litigation team have experienced countless times: A client calls and wants to take immediate action for breach of a cannabis contract. They want to terminate the contract. Or evict a tenant. Or file a lawsuit. The first question I always ask these clients is whether the contract contains
Federal cannabis trademark litigation is a difficult proposition. In a recent case filed by Wunderwerks, Inc., a company that sells beverages infused with CBD and THC additives, we see another unfortunate example of this. Federal courts, at least, are still no friend to the cannabis industry. Wunderwerks had sued Dual Beverage Company LLC (“DBC”) in
Last year, I wrote that business owners need to be aware of a growing trend of federal class action lawsuits claiming business websites and point-of-sale terminals violate Title III of the Americans with Disabilities Act (the “ADA”). At this point, having a website that makes sales and isn’t broadly accessible is an invitation to be
Last week, the Supreme Court of South Dakota overturned a voter-approved, constitutional amendment to legalize adult use cannabis statewide. Governor Kristi Noem instigated the anti-democratic fight on social welfare grounds, although the court made its ruling on technical grounds, finding that Amendment A violated a “single-issue” initiative subject requirement. If that’s true, you’d have to
