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Canna Law Blog

Cannabis Litigation 101: Arbitration

This is the second post in a series on various aspects of cannabis litigation. The title is admittedly a bit misleading, as arbitration isn’t really the same thing as litigation. That said, the two can intersect, and so understanding what arbitration is and is not, is important for cannabis businesses. After all, many contracts in

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Canna Law Blog

An Arbitration Primer for the Marijuana Industry, Part One

Our recent post How to Avoid Cannabis Litigation: Five Tips got us thinking it was time for a companion post on arbitration. Arbitration, like litigation, is a process for resolving legal disputes. Despite its increasing use, arbitration remains a bit of a mystery for many people. But the differences between the two can be significant, and

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Canna Law Blog

An Arbitration Primer for the Marijuana Industry, Part Three

In the first part of this series we covered the basics of how arbitration works, and some of the main differences between arbitration and litigation. We then in the second part examined some of the benefits and drawbacks of a cannabis business settling a dispute through arbitration. Today in the final installment, we will discuss arbitration clauses

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Canna Law Blog

An Arbitration Primer for the Marijuana Industry, Part Two

In the first part of this series we covered the basics of how arbitration works, and some of the main differences between arbitration and litigation. Today we will consider some of the benefits and drawbacks of a cannabis business settling a dispute through arbitration. Privacy. In the first part we discussed the “private” aspect of arbitration in

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Canna Law Blog

Cannabis Arbitration: The Good, The Bad, and The Ugly

As each state’s cannabis industry matures past the licensing and permitting phases, expect to see a huge uptick in internal and external issues with cannabis businesses: promising partnerships turn into bitter rivalries, companies go broke, permits and licenses get voided, etc. All of these issues need to be resolved, and many companies or their execs

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Canna Law Blog

Cannabis Contracts: Is Arbitration the Key?

  One of the questions that needs to be answered in every state with marijuana legalization is whether marijuana contracts be enforceable in state court. If an activity is legal under state law but illegal under federal law, courts need to determine whether contracts involving the activity are for an “illegal” purpose and thus void

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Canna Law Blog

California Commercial Cannabis Leases: Arbitration Versus Litigation

We’ve written previously on arbitration and why it so often makes sense for cannabis business contracts, primarily because of enforceability issues stemming from cannabis being illegal under federal law. But in the realm of commercial real estate leasing, cannabis uses can present other unique challenges that require thoughtful solutions to disputes, and, more importantly, thoughtful planning to

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Canna Law Blog

Cannabis Dispute? Courts are Open

Back in 2015, I wrote on this blog that we were never not litigating cannabis business disputes. That is still true today, although the forums have changed: matters are now resolved through the court system more frequently than before, when private arbitration was preferred. This is partly because the prevailing view among cannabis business attorneys

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Canna Law Blog

Mediation of Cannabis Disputes: Part 1

Mediation and arbitration are the two major “alternative dispute resolution” (ADR) techniques used in business disputes. We’ve discussed arbitration in cannabis cases in several previous blog posts, here, here, here, here, and here. Although arbitration gets more attention these days than mediation (see the Supreme Court’s recent arbitration decision), mediation is probably the most commonly used