From startups to multi-state operators, most cannabis businesses will engage legal counsel at some point. All of these companies – but especially smaller ones or less experienced ones – need to grapple with the question of what the role of a lawyer in cannabis deals will be. This can be a difficult question to answer.
Two contract International deals. I have one word for them. Don’t.
If you feel you are being led down a complicated multi-contract or multi-company deal or structure path, you should stop, look, think, and get help from someone interested in helping and protecting you, not in creating complications to profit from you or to try to prevent criminal prosecutions.
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
Psychedelic retreats are all the rage (and that’s not a new thing), which causes a variety of organizer legal issues and a corresponding spectrum of liabilities. At Wonderland Miami, Horizons NYC, and on a regular basis outside of conferences, we are asked about legal advice for the organizers of psychedelic retreats. Both recreational and therapeutic
I recently received a random marketing email in which I was greeted with the word “high” in place of the word “hi”. My first reaction was a long, visceral cringe. My second was the thought, “hey, if I – just a lowly cannabis industry lawyer and not an actual cannabis industry stakeholder – am so
Socially responsible and “sustainable” investing is picking up in popularity across retail and institutional investors alike. According to Wikipedia, “[i]n less than 20 years, the ESG movement has grown from a corporate social responsibility initiative launched by the United Nations into a global phenomenon representing more than US$30 trillion in assets under management.” When it
Last Friday, I spoke on a panel for the American Bar Association (ABA) in Denver. It was the first conference for the ABA’s new Global Cannabis section and the first live event I’ve done since COVID started. The panel discussed “Legal Ethics in International Cannabis.” My colleague Adams Lee participated too, but on another panel
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
Some readers may be surprised to realize that a lot of cannabis stakeholders actually don’t want broadsweeping federal legalization. Why? Because they know it means that they’ll instantly be competing with well-established companies that are already masters of economies of scale, branding, marketing, and consumer sales, and their market share will shrink or be eliminated
Rafael Arcuri, Henrique Coelho, and Marcelo De Vita Greco just penned a great article in Consultor Jurídico on the denials by the National Institute of Industrial Property (INPI) of applications to register cannabis trademark on the grounds that they offend morality and good customs. The basis for these denials is Article 124(III) of Brazil’s Industrial
