The commercial litigation landscape for CBD, hemp and marijuana is constantly evolving as federal and state courts issue decisions that impact investors, commercial contracts, employment issues, intellectual property and insolvency. The CannaBizDisputes™ blog regularly tracks and reports on these developments.
NY State Bar Ethics Opinion Firmly Supports Lawyers Counseling Adult-Use Cannabis Businesses
NY State Bar ethics opinion firmly supports lawyers counseling adult-use cannabis businesses.
Unlike in New York, Georgia Supreme Court holds that lawyers cannot counsel clients about commercial cannabis
Unlike in New York, Georgia Supreme Court holds that lawyers cannot counsel clients about commercial cannabis.
Justice Thomas Raises Doubts About the Federal Prohibition of Intrastate Commercial Cannabis Activity
Justice Thomas raises doubts about the Federal prohibition of Intrastate Commercial cannabis activity.
Takeaways from the NY Bar Association Committee’s January 2021 Meeting on NY Adult-Use Cannabis
On January 27, 2021, NY’s cannabis Czar’s Norman Birenbaum and Alex Bernabe spoke at the New York Bar Association Cannabis Committee meeting. These are the key takeaways on NY adult-use cannabis.
California State Appeals Court Focuses on Illegality at Time of Contract to Dismiss Commercial Cannabis Dispute
A recent California state appellate decision makes clear that cannabis companies and counsel need to pay careful attention to differences in state illegality doctrines when deciding where and how to pursue operations.
Rhode Island Is On the Road to Recreational Adult-Use Cannabis Legalization
Rhode Island may be the next state to legalize recreational adult-use marijuana.
Florida Federal Court Stays Class Action Pending FDA Issuance of CBD Regulations
Class action pending FDA issuance of CBD regulations.
Please Don't Be My Neighbor: Potential RICO Liability for Marijuana Producer
Potential RICO liability for marijuana producer.
New Jersey Appellate Court Requires Employer to Reimburse Employee for Medical Marijuana
On January 13, the Superior Court of New Jersey, Appellate Division, found that New Jersey’s Medical Marijuana Act was not preempted by the federal Controlled Substances Act, and that the defendant was required to reimburse its former employee for the cost of his medical marijuana pursuant to the State’s Workers’ Compensation Act.
Is breaking up hard to do? Potential buyer uses litigation and arbitration to try to avoid acquisition
Potential buyer uses litigation and arbitration to try to avoid acquisition.
California federal court lights the way for cannabis companies to avoid costly class action litigation
A recent decision from the Northern District of California provides a useful roadmap for how companies in the cannabis industry might successfully stave off class action lawsuits by ensuring that their disputes are resolved through arbitration.
Justice Schecter compels arbitration of marijuana investment dispute based on corporate governance documents
Justice Schecter recently compelled arbitration in a dispute between cannabis investors in Broumand v. Abbot, No. 655954/2018, 2019 WL 4899058 (N.Y. Sup. N.Y. Cnty.), based solely on corporate governance documents rather than a signed arbitration agreement.
Federal courts experiencing uptick in cannabis-related employment litigation
Federal courts experiencing uptick in cannabis-related employment litigation.
California federal court splits the baby in cannabis IP decision
California federal court splits the baby in cannabis IP decision.
Supreme Court denies Certiorari in cannabis case
Supreme Court denies Certiorari in cannabis case.
Second Circuit Emphatically Inserts Itself Into the Federal Cannabis Debate
Second Circuit Emphatically Inserts Itself Into the Federal Cannabis Debate.
New York Court orders production of plaintiff’s cannabis dispensary records
New York Court orders production of plaintiff’s cannabis dispensary records.
Illinois Appellate Court contemplates a court-run cannabis dispensary
Illinois Appellate Court contemplates a court-run cannabis dispensary.
California federal court dismisses civil RICO claims, but cannabis businesses may face increased risk going forward
California federal court dismisses civil RICO claims, but cannabis businesses may face increased risk going forward.
District of Nevada declines to dismiss cannabis-related contract dispute
District of Nevada declines to dismiss cannabis-related contract dispute.