Hilary Bricken

Since joining Harris Bricken in 2010, Hilary has earned a reputation as an exceptional and fearless business law attorney. Hilary’s clients—start-ups, entrepreneurs, and companies in all stages of development—value her bold approach to business strategy. Hilary also appears before city councils and community forums, where she advocates tirelessly for her clients.

Hilary’s clients reflect the diversity and ingenuity of the West Coast and she takes pride in her strong client relationships, which allow her to hone in on each company’s unique needs and goals. Nothing brings Hilary greater satisfaction than helping a business thrive in a cutting-edge industry.

cocaine

Cocaine Trade Open in Canada? Not So Fast

In the U.S., cocaine is a Schedule II controlled substance and its use, possession, etc. is illegal except for certain, limited medical applications. The licensed sale of cocaine for recreational use is not even remotely a concept in the U.S., and the same goes for Canada. Why then did we see a Canadian cannabis company

california cannabis cafe

AB-347: California Cannabis Cafes

If you’ve been to the red light district in Amsterdam, you may have seen the infamous coffee shops up and down the block. In the U.S., no state has anything remotely close to a cannabis bar or coffee shop where you go to not only purchase your cannabis on site but use it within the

cbd liability

Direct and Ancillary CBD Liability Under the FD&C Act

Not much thought is given to ancillary CBD liability. Why is that? Probably because the Food and Drug Administration (“FDA”) hasn’t taken any serious enforcement action against any company or individual that aids and abets violations of the Food, Drug & Cosmetic Act (the “Act”) when it comes to CBD. Still, secondary CBD liability under

interestate cannabis commerce

California Inches Towards Interstate Cannabis Agreements

It’s no secret that state cannabis markets across the nation are suffering badly. Because of I.R.C. 280E, lack of access to financial institutions, massive operational expenses, plunging prices, and just gluts of production, it’s not pretty out there. However, there’s a newish light at the end of the tunnel, at least for California and other

chatgpt and cannabis

Will AI Replace Your Cannabis Lawyer? (I Asked ChatGPT)

ChatGPT is all the rage. The GPT stands for “Generative Pre-trained Transformer”.  Translation: this is a next level, nearly omnipotent chatbot that’s incredibly articulate and conversant. Per Wikipedia: “while the core function of a chatbot is to mimic a human conversationalist, ChatGPT is versatile, including the ability to write and debug computer programs; to compose

google cannabis advertising

Google Changes Its CBD Advertising Policies

Cannabis advertising has always been a precarious art. From first amendment commercial speech issues to zealous state marketing and promotion regulations to false claim lawsuits, cannabis advertising can go down some dark rabbit holes. Notoriously, tech giants like Instagram and Facebook would take down cannabis-related ad content for violating site terms and conditions around the

cannabis tax 280E

IRC § 280E is a Target for Cannabis Legal Reform in 2023

Will we see tax reform in 2023 for cannabis sellers? Specifically, will Congress finally get something done about the pain inflicted on industry by the Internal Revenue Code at 26 USC § 280E? (“IRC 28oE”.) It feels like a long shot, but you never know. After many attempts to get the SAFE Banking Act through

fda cbd regulations

FDA CBD Regulations Are On the Way (Sorta)

There has been so much talk from the Food and Drug Administration (“FDA”) around cannabidiol (“CBD”) regulations that it makes one’s head spin. For years everyone has wondered when, or even if, the FDA would propose and adopt CBD regulations. To date, while taking input from the public on the topic, the FDA mostly has

cannabis litigation

Los Angeles Cannabis Litigation: Cannabis Tenant Prevails

Cannabis litigation is growing as the industry matures. Recently, we’ve seen a suit related to false advertising, but we’re also seeing more traditional business litigation around partnership issues and contract breaches. In Los Angeles, the repeal of Prop. D and implementation of Measure M caused a lot of industry infighting, some of which led to

cannabis security interests

Cannabis Security Interests: Dos and Don’ts

I previously wrote about how the cannabis industry should prepare itself for tough financial times. Capital is increasingly hard to come by unless you find yourself in a newly launched state like New York, perhaps. But once a state cannabis program is relatively mature, it’s only a matter of time before it’s a race to