cell phone on wood table

Cannabis Litigation: TCPA Claims

If you aren’t familiar with the TCPA, you should familiarize yourself with this important statute that is currently sparking a ton of litigation in the cannabis industry. The TCPA stands for the Telephone Consumer Protection Act – a statute that was passed in 1991 to fight the incessant “robocalls” that were plaguing consumers at the

HERBS R US vs. TOYS R US TRADEMARK

Toys "R" Us Succeeds in Trademark Lawsuit for “Depreciation of Goodwill” Against Canadian Dispensary Herbs "R" Us

Earlier this month the Canadian Federal Court handed retail toy store Toys "R" Us a victory in its trademark lawsuit alleging “depreciation of goodwill,” among other causes of action including trademark infringement and “passing off,” against B.C., Canada-based dispensary, Herbs "R" Us. For reference, the two logos can be seen above. Toys "R" Us was

hemp field

Hemp CBD Across State Lines: Tribal Plans

The Agriculture Improvement Act of 2018 (“2018 Farm Bill”) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (“CSA”) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (“USDA”) regulatory authority over hemp

The United States Constitution in red and blue torn in half representing division between Democrats and Republicans

Cannabis, Competition, and a Constitutional Crisis

On June 23, 2020, John Elias, a career Department of Justice (DOJ) official, submitted written testimony to the U.S. House Committee on the Judiciary (the Committee) in response to a Congressional investigation into the politicization of the DOJ office under Attorney General William Barr. Elias claims Barr directed the DOJ's Antitrust Division (the Division) to

American one hundred dollar bills with cannabis leaves

Credit Unions and Hemp: New Federal Guidance is Here!

Last week, the National Credit Union Administration (NCUA) issued new guidance (“Guidance”) for federally-chartered credit unions serving the hemp industry. All of us at Harris Sliwoski were excited to see the Guidance released: NCUA retained us last fall to advise the government on this project, and we have always represented credit union clients as to

wyoming state flag

Hemp CBD Across State Lines: Wyoming

The Agriculture Improvement Act of 2018 (2018 Farm Bill) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (CSA) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (USDA) regulatory authority over hemp

Juneteenth Independence Day concept, 3D rendering

Juneteenth and Criminal Justice Reform

Several years ago, before becoming a business litigator, I had the great fortune of clerking for Judge Myron H. Bright on the Eighth Circuit Court of Appeals. Born in northern Minnesota in 1919 to Jewish immigrants from Russia, Judge Bright served in World War II and afterward attended the University of Minnesota Law School. Upon

Disband DEA

It's Time to Disband the DEA

Racism in America is not confined to the criminal justice system, it is embedded in all aspects of our society, but the continued killing of Black men and women by police and law enforcement personnel has lead to a breaking point. The video of George Floyd's murder is particularly gruesome and has lead to nationwide

Wisconsin State Flag

Hemp CBD Across State Lines: Wisconsin

The Agriculture Improvement Act of 2018 (2018 Farm Bill) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (CSA) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (USDA) regulatory authority over hemp

too bad in bold on english dictionary page

An Anti-Climactic End to the First Cannabis Patent Litigation?

Our last update on the first-ever cannabis patent case, United Cannabis Corporation (“UCANN”) v. Pure Hemp Collective, Inc. (“Pure Hemp”) was back in July 2019. A lot has changed in the world since then (although the case was largely unremarkable), and the possible ending to this once-deemed “pivotal” case for the industry may now face

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