Ketamine Clinics: What is a “Referral” Under the Federal Anti-Kickback Statute?

Ketamine Clinics: What is a “Referral” Under the Federal Anti-Kickback Statute?

In a prior post, we discussed the federal anti-kickback statute (the “AKS”) and the implications for ketamine clinics. In short, the federal AKS prohibits anyone from paying or receiving anything of value for the referral of patients where a federal government healthcare payment program is the payor (e.g., Medicare, Medicaid, VA, etc.). 42 U.S.C. §

Cannabis Litigation: Attempt to Plead Around the “Illegality” Defense Fails

Cannabis Litigation: Attempt to Plead Around the “Illegality” Defense Fails

As the country moves toward decriminalizing and even legalizing marijuana, federal courts largely remain closed to commercial disputes involving marijuana by operation of the illegality defense.  We’ve written about the defense on several occasions, see here and here. Briefly, the illegality defense is an affirmative defense pleaded by a defendant who has been sued for

washington cannabis lcb tied house

Washington Court of Appeals Overturns LCB Interpretation of “Tied House” Rule

The State of Washington strictly regulates the relationships between marijuana producers and processors, on the one hand, and marijuana retailers, on the other. Many states permit the same persons to hold financial interests in all three types of licenses. But not Washington. Under RCW 69.50.328, neither a licensed marijuana producer nor a licensed marijuana processor

cannabis marijuana statute of limitation

Cannabis Litigation: Know Your Statutes of Limitation!

A recent decision in the case of Elevations Plus, LLC v. City Council of Riverbank, in the Eastern District of California, reminded me of something: when undergoing administrative proceedings, always know the relevant statute of limitations. Statute of limitations are laws that determine the expiration date of a claim. In theory, they make sense and

Live Versus Remote Depositions

Live Versus Remote Depositions

It’s been nearly a year since I wrote about litigation in the middle of COVID-19 , and I think it’s fair to say 2021 has been quite the busy year so far. Most litigation forecasts predicted this year would see a huge uptick in litigation – stemming from new circumstances created by COVID, as well

cannabis writ of attachment judgment litigation

Cannabis Litigation: Writs of Attachment

Last month, I wrote this post about the availability of fraudulent transfer claims under the Uniform Voidable Transactions Act when it’s possible that a cannabis judgment debtor (or soon to be judgment debtor) begins to move its assets around to avoid future payment. But what if you have those concerns at or near the beginning