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
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
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
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
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
If you read this blog and keep a close eye on the cannabidiol (“CBD”) industry, you know that the Federal Trade Commission (“FTC”) takes issue with advertising tools containing egregious, unfounded claims about the health benefits of CBD products. Yet, you might be surprised to read that the federal agency does not go after every
Cannabis isn't federally legal. Companies who operate in the cannabis space really only have the protection of the state's laws in which they operate. Even full compliance with state laws is no shield to federal penalties or enforcement. Also, there is always a risk that cannabis contracts may not be upheld in court because they
Several months I wrote an article about CBD and false advertising under the Lanham Act and noted an important case on the docket of the U.S. Supreme Court concerning damages in trademark cases, Romag Fasteners, Inc. v. Fossil, Inc. (Supreme Court Docket No. 18-1233). As you may recall, the Lanham Act, also known as the
The online sales of cannabidiol (“CBD”), including hemp-derived CBD products, have ramped up in response to the coronavirus (“COVID-19”) pandemic. Regrettably, during these uncertain times, a handful of CBD companies have been taking advantage of people’s fear and anxiety over the spread of the virus, making certain claims that CBD can treat and even cure
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
