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
We’ve seen a steady stream of trademark litigation in the cannabis space for quite some time now, and it’s as good a time as any to remind our readers that parody is not a defense to trademark infringement. In its complaint filed Monday, Plaintiffs Big Beverage, Inc. and Happy Hour Drinks Company, Inc. dba Happy
On November 18, 2021, the Greater Phoenix Urban League and Acre 41 Enterprises, LLC (the “Plaintiffs”), sued the State of Arizona, the Arizona Department of Health Services (the “Department”), Governor Ducey, and the Director of the Department for their purported failure to implement the social equity provisions of Proposition 207 by issuing final regulations that
One of the cannabis litigation trends we discussed in a recent webinar was the increasing number of lawsuits alleging some type of fraud by cannabis companies during the capital-raise phase of their businesses. For most businesspeople, raising capital to fund their new business is essential. Just as essential is making sure that you comply with
Legal representation in disputes with insurers has become paramount for cannabis companies in an ever-expanding operational environment. Cannabis companies may seek to insure against risk of loss as a result of challenges such as unexpected fires, crop protection, business interruption, or adverse consumer reactions to products. In many instances, cannabis companies are even required to
Seen as a protectionist, cottage measure to some stakeholders, residency requirements for cannabis licensure have been a staple in the industry since Washington and Colorado legalized cannabis statewide back in 2012. When I lived in Seattle, the local industry was mostly stoked then that “big money” and out-of-state interests couldn’t easily crash the party that
