cannabis litigation

Cannabis Litigation: Mediation Tips

Our litigation team regularly attends mediations both before a lawsuit is filed and while a lawsuit is pending. We’ve covered mediation in the past, but for those who are unfamiliar, mediation is essentially a conference in which parties sit down together, generally with a neutral third party, to see if they can resolve cannabis litigation

Jury Trial

Harris Bricken Litigators Notch $7.4 Million Jury Trial Win

A very big congratulations to a longtime Oregon cannabis client, and to our trial team, which just won a decisive, hard-fought victory in a nine-day jury trial in Portland, Oregon. Harris Bricken attorney Jesse Mondry led a stellar trial team comprised also of attorney Tom Oster, litigation paralegals Kathleen Biddle and Staci Black, and summer

second circuit

Second Circuit Denies Challenge to Marijuana’s Schedule I Classification

People in the cannabis industry know that marijuana is federally classified as a schedule I controlled substance. Schedule I means the drug has no recognized medical value, has a high potential for abuse, and cannot be safely administered even under a doctor’s supervision. Other schedule I drugs include heroin, methamphetamine, and several psychedelic substances including

olcc

Oregon Marijuana: OLCC Proposes Rules Reclassifying Violations

On Tuesday, September 6, 2022, a Rules Advisory Committee (RAC) of the Oregon Liquor & Cannabis Commission (OLCC) had its first meeting to discuss amendments to the administrative rules governing licensed marijuana businesses. Specifically, the RAC met to discuss new, proposed rules that would reclassify marijuana violations. This post discusses some of the proposed reclassification

alter ego liability

Cannabis Candy Co. Suit Spotlights Alter Ego Liability Theory

Published in Law360 on August 30, 2022. © Copyright 2022, Portfolio Media, Inc., publisher of Law360. Reprinted here with permission. A recently filed cannabis case in Oregon, Drops LLC v. La Mota LLC, demonstrates pleading of two forms of the alter ego theory of liability. Most lawyers and business owners know that one of the

illegality defense cannabis litigation

Cannabis Litigation: The Illegality Defense and Damages

Around this time last year, my colleague, Jesse Mondry, wrote about a District of Colorado case, entitled Sensoria, LLC et al. v. Kaweske, et al. , which involved a group of plaintiffs who sought to recover their investment in a cannabis business, Clover Top Holdings. The underlying set of facts involve an all-too-familiar cannabis investment

fda ftc cbd

The FTC, CBD, Consumer Safety and Refunds

I’m guilty of dunking on the Federal Trade Commission (FTC) in the past for not doing more to protect cannabis consumers, despite the current federal illegality of cannabis. That may be changing, at least with respect to CBD consumers. Before diving into this latest development, I should mention that historically, cannabis is treated differently from

curaleaf

Oregon Cannabis: Did OLCC Let Curaleaf Skate?

Last summer, the Massachusetts based retailer Curaleaf mistakenly mixed-up THC with CBD at a bottling plant in Portland. Approximately 1,500 mislabeled bottles containing what the Oregonian describes as a “jumbo” dose of THC were shipped under the brand name Select and sold as containing only CBD. Although many of the bottles were recalled at the

wrigley

Cannabis Trademark Litigation: Wrigley Wins

A final judgment recently rendered in WM. Wrigley Jr. Company v. Roberto Conde, et al., is nothing short of a cautionary tale and a powerful reminder to cannabis companies: Parody is NOT a defense to trademark infringement in this type of commercial context. The parties We all know Wrigley – it’s a titan in the