Over the years, I’ve heard many variations on a certain comment I’d like to address. The comment is: “I thought of calling you for the project, but it wasn’t a cannabis matter.” It’s a real gut shot, hearing those innocent words. I fully understand why someone would think they need a non-cannabis attorney to handle
I have helped people buy, sell and invest in hundreds of cannabis businesses. I’ve represented many hundreds more. One thing that makes my job harder, at times, is working with cannabis businesses that have misaligned public records and reporting. There are three pillars of public reporting, or disclosures, that a cannabis business should strive to
A lot of people want to save a buck during contract negotiations. These folks usually do not not use a lawyer for drafting term sheets or other initial matters. Sometimes, this can work out well. For bigger or more complicated deals, or for deals with a difficult opponent, this can be a bad idea. Let’s
I have spent a lot of time engaging with clients who are dealing with cannabis investors on the front and back end of investments. I work with companies and investors– from idea inception to litigation. The suite of investors runs the gamut from friends and family, to key employees, executives, and board members with equity
It’s common for companies in all industries to use social media “influencers” to promote their goods and services online. Influencer advertising in the cannabis industry is a particularly risky idea, because paid advertisers need to comply with all cannabis marketing and advertising rules. These rules are beasts of the applicable state regulations on cannabis products
Cannabis intellectual property (IP) licensing deals can be complicated, presenting unique issues. Many companies expect the biggest hurdle to be state cannabis law compliance. Although this is certainly a major concern, it’s important to start with the brand licensing fundamentals by analyzing the validity and strength of the IP itself. With any licensing deal, the
This would be a good time to review the branding protection avenues available to cannabis business owners, and to discuss celebrity branding. There are three main ways a brand owner can establish trademark rights: By using the mark in connection with their goods or services (legally) in commerce; By registering the mark with the United
Running a cannabis business is difficult and many people fail. These ventures bottom out for myriad reasons, although owners tend to blame federal law issues first of all. It’s true that federal law creates a tough environment for cannabis businesses (tax issues, market saturation, geographic constraints, etc.), but federal prohibition also has kept big money
In cannabis contract negotiations, it’s common for the parties to execute an early-stage document called a letter of intent (“LOI”). An LOI may also be called a term sheet; naming it one over the other has no legal significance. I love these little agreements and today I will tell you why. LOIs are used in
I don’t know how it came to be, exactly, but I’ve spent countless hours of my adult working life aiding due diligence on cannabis transactions. These transactions involve all kinds of companies, from sole proprietorships to public companies, and a variety of deals–from leasing, to financing, to good old M&A. Today, I’ll cover how diligence
