Cannabis Litigation - Fraudulent Transfer Claims and the UVTA

Cannabis Litigation: Fraudulent Transfer Claims and the UVTA

It might feel counterintuitive at first, but I always talk with clients about the end of the lawsuit before giving the option to file one. Why? Because I believe that true client advocacy includes walking through what you’re fighting for – and because in most cases, our clients are fighting for monetary relief, I want

cannabis business loi term sheet

Cannabis Transactions and Letters of Intent

It’s common in many different kinds of cannabis contract negotiations for the parties to execute a document early in the stages of negotiations that is often called a letter of intent (or LOI), but can also be called a term sheet. LOIs are used in most real estate and M&A transactions, but can be used

marijuana cannabis ecuador peru

Cannabis in Ecuador and Peru: ¿Cómo se dice «reality check»?

April 11 was a big date on Latin America’s election calendar, with Peru holding the first round of its presidential elections and Ecuador a decisive second round. For cannabis observers, the day began with the prospect of encouraging results in both countries. Instead, the outcome was a double disappointment. In Peru, the two candidates that

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Ketamine Due Diligence: What Any Buyer Should Know, Part 2

As noted in Ketamine Due Diligence: What A Buyer Should Know – Part 1, we have worked on several Ketamine clinic acquisitions, and one of the most important aspects of any deal is due diligence. This post will discuss some of the state healthcare regulatory issues a buyer will want to focus on for a

new york cannabis hemp mrta

Will New York’s Cannabis Law Create Sweeping Changes for Its Hemp Industry?

On March 31, Governor Andrew Cuomo signed into law the much-anticipated “Marijuana Regulation and Taxation Act“ (the “MRTA”). You can find our ongoing coverage of all things MRTA here. What isn’t obvious from the title of this new law, however, is that it includes provisions that may change how the state will eventually regulate its

happy 420 marijuana cannabis

Happy 4/20! Why This One’s Different From All the Rest

Today is that hallowed cultural holiday for the cannabis industry, 4/20. Of all of the 4/20’s of the past, this one hits a little different (although 2015 was a nice year, too). We have seen so much political change in support of cannabis, including state-by-state legalization in the past year. We’ve also seen some fun,

cannabis marijuana bankruptcy

Current Trends in Bankruptcy for Cannabis Companies

In a recent bankruptcy decision by the Ninth Circuit Bankruptcy Panel (“BAP”), the BAP had the occasion to explore some of the intricacies of how the Bankruptcy Code interacts with the cannabis industry. Burton v. Maney, 610 B.R. 633 (B.A.P. 9th Cir. 2020) (“In re Burton”). While, generally, a putative debtor cannot enjoy the protections

new york cannabis licensing

New York Cannabis Licensing, Part 2: The Application Process

Finally, the post that all prospective New York cannabis applicants have been waiting for: an explanation of the Marijuana Regulation and Taxation Act’s (MRTA) license application process. We ask you to curb your enthusiasm: while the MRTA provides a framework for the license application process, the actual license application (including the license fee) will be

hemp trademark cannabis

Hemp Trademarks and the Perils of Generic Terms: PanXchange v. New Leaf Data Services

Two companies that provide data to the hemp industry are embroiled in a trademark dispute. New Leaf Data Services (“New Leaf”) sued PanXchange in Connecticut federal court, alleging that PanXchange’s offer of services under marks such as PANXCHANGE® HEMP BENCHMARKS constitutes infringement of New Leaf’s supplemental trademark registration, HEMP BENCHMARKS (Reg. No. 5079914). The case

Cannabis Taxes, the Biden Plan, the Oregon Plan and Your Bottom Line

Here is a scare article published last week in Portland’s Willamette Week. I like that publication pretty well, but the article makes a trio of tax-related assertions which strike me as wrong. In the author’s defense, suspect cannabis tax reportage is an industry pastime and the narrative of fiscally oppressed cannabis stores is attractive. Consider