Cannabis supply chain agreements (e.g., manufacturing agreements, distribution agreements, license agreements, supply agreements) can be difficult enough to draft and negotiate when there are just two parties. The immense amount of over-regulation in the cannabis world can make contract drafting a headache, and even more difficult for attorneys who are not well-versed in cannabis. That
As I mentioned in a prior post (see here), we have been fielding regular inquiries from international cannabis companies that want to engage with the U.S. market by selling raw hemp or cannabis, distillates (including cannabinoids), and products, including products that have been proven in their home markets. How to Enter the U.S. Market High-Level
In this post, I want to explore something very significant that a lot of people gloss over when reviewing contracts: non-compete clauses. Non-compete clauses are exactly what they sound like: they prohibit one party from competing with another. A common example of a non-compete is in an executive employment agreement, where an executive of a
Colorado-based United Cannabis Corporation (“UCANN”) filed for Chapter 11 bankruptcy protection on April 22. Regular readers may recall that UCANN is the plaintiff in the first ever cannabis patent protection case which generally concerned liquid cannabinol formulations of a purified CBD and/or THC greater than 95%. That litigation is now stayed (paused) as a result
Even though COVID-19 continues to wreak havoc on the world and the U.S. economy, we continue to work on interesting and complex business deals with our cannabis clients with many clients either looking to acquire or be acquired as the industry matures and inevitable consolidation occurs. And because many deals continue to have a Delaware
Coronavirus has been great for cannabis sales. In most states with approved cannabis programs, both medical and adult use marijuana sales have been designated “essential services” by state and local governments. With this support, the supply chain has weathered the COVID-19 pandemic better than many industries. Still, the pandemic continues unabated and cannabis businesses are
Under most U.S. states’ laws, coronavirus likely constitutes a force majeure – an “act of God” – a severe, unforeseeable circumstance beyond the control of any contracting party. No party created this act of God — both are “innocent parties”; both will likely suffer from breach. Contract clauses governing such unusual events are named force
Add “global pandemic” to the list of challenges faced by the sputtering cannabis industry. The coronavirus COVID-19 is tearing across the U.S. economy. Businesses everywhere are making very difficult decisions. In many cases, those decisions are being made for them. As I write this post on the evening of Sunday, March 15, the Federal Reserve
As usual, we’ve been monitoring both brewing and active trademark disputes in the cannabis space, and the most recent example involves the institution that is the Girl Scouts. For background, here are some of the other disputes we’ve covered in the past: Kiva Lawsuit Highlights the Cannabis Industry’s Ongoing Trademark Troubles Cannabis Trademark Litigation: Web
The Basics of a Cannabis Insurance Policy Insurance in the cannabis industry is big business, and business owners need to know what policies are available and what those policies cover. Why? Because in insurance policies, like all other business contracts (e.g. leases), the risk of a business venture is divided between the contracting parties. Your
