perpetuation deposition

Cannabis Litigation: Perpetuating Testimony

Civil litigation in cannabis, like any other industry, usually proceeds in a predicable order. First, a complaint is filed and served. This kicks off the lawsuit and compels a defendant to file an Answer to avoid a default judgment. Second, the parties conduct written discovery: i.e. gathering relevant documents, identifying potential witnesses, and serving interrogatories and

parody defense copyright litigation

Sometimes, the Parody Defense to Copyright Infringement Works!

As a cannabis intellectual property litigator, part of my job is to help clients make cost-benefit and risk analyses. My colleagues and I have written several posts about the defense of “parody” in cannabis intellectual property litigation, and why it’s a very specific defense that people tend to overstretch in most cases. While that remains

cannabis litigation offer of judgment

Cannabis Litigation: What is an Offer of Judgment?

Like all commercial litigation, cannabis business litigation is expensive and in most circumstances a party cannot recover its attorneys’ fees. The exception is where recovery is authorized by a contract or a statute. This post discusses how a party in commercial litigation—whether involving cannabis or not—can use an Offer of Judgment to leverage a more

Most people who are (luckily) not familiar with litigation believe alternative dispute resolution (or “ADR”) clauses in their contracts are essentially boilerplate language that’s recycled again and again in every contract. However, well-drafted ADR clauses can not only give you a huge advantage if an issue comes up, they may also cause your counterparty to back away from litigation completely. If done right, arbitration clauses should work for you

Arbitration Clauses Should Work For You, Not Against You

Most people who are (luckily) not familiar with litigation believe alternative dispute resolution (or “ADR”) clauses in their contracts are essentially boilerplate language that’s recycled again and again in every contract. However, well-drafted ADR clauses can not only give you a huge advantage if an issue comes up, they may also cause your counterparty to

cannabis property seized at the border

Customs Seized Our Cannabis Related Property. What’s Next?

The intersection of state and federal law on cannabis has led to some interesting situations at the border, especially where cannabis related property is seized. States such as Washington, Oregon, and California have legalized cannabis for all uses, while the federal Controlled Substances Act still prohibits marijuana distribution and sale anywhere in the United States.

ftc cannabis litigation

FTC Cannabis Litigation Picks Up Steam

The days where the Federal Trade Commission (FTC) pays no mind to cannabis businesses (marijuana and hemp) are long gone.  These days, the FTC is treating consumer complaints regarding hemp and marijuana businesses similar to complaints against businesses in other industries. The self-proclaimed mission of the FTC is to: “prevent anticompetitive, deceptive, and unfair business

cannabis business insurance

Our Cannabis Business Insurer Denied Our Claim. What’s Next?

Like companies in any other industry, licensed cannabis companies typically carry insurance and sometimes find themselves at odds with their cannabis business insurers. Those companies purchase a policy to cover a specific risk for a stated premium and when that risk presents itself, their business insurers suddenly have fine-print explanations for everything. In these situations,

hemp litigation

Hemp Litigation: Pre-Lawsuit Options

When issues arise, many people think filing a lawsuit is the answer. That will initiate the litigation process, which will most likely involve an exchange of information and documents, the process of taking depositions, and probably some motion practice along the way.  While in some cases it certainly is, we typically counsel new clients (and

cannabis business insurance

Protect Your Cannabis Business from Crime Risks

Data reveal a concerning increase in violent crime in many U.S. cities during COVID in 2020 and 2021. Increasingly, cannabis businesses, particularly dispensaries, are targets for robbery or other criminal activity. The reason that cannabis businesses are being hit particularly hard is not hard to fathom. Federal law still treats cannabis as a Schedule I

oregon cannabis olcc violation

OLCC Violation? Keep These Two Points in Mind

OLCC rules are complex and change frequently, so compliance can be challenging and violations occur frequently. Over the years, we’ve represented clients in administrative proceedings across the west coast, and each system has its own quirks. Here are a few things to keep in mind if you find yourself in the process. Focus on compliance