We got a lot of good follow-up questions last week after our webinar covering cannabis litigation in the current down market. One of them related to the recovery of attorneys’ fees and how likely that is to happen. Potential recovery of attorneys’ fees is an important consideration at the outset of any case, but can
News broke yesterday which will affect quite a few people in the Oregon cannabis industry. Chalice Brands Ltd. (CSA: CHAL) obtained a court order in Ontario, Canada (“Initial Order”) which grants the company and its affiliates protection (a “stay”) from creditors. At least temporarily. The Initial Order is here and the Chalice press release is
Last week, my colleague Jesse Mondry and I spent an hour discussing the challenging state of the cannabis industry and how it’s been impacting those who are considering litigation or other dispute resolution options. If you weren’t able to attend the webinar, below are some of the key discussion points and takeaways. We’re seeing even
In a precedential decision, the Trademark Trial and Appeal Board (“TTAB”) affirmed an examining attorney’s refusal to register two “Bakked” trademarks by deeming the goods to be illegal drug paraphernalia under the Controlled Substances Act (the “CSA”) and deciding the two exemptions of the CSA did not apply. The Bakked trademark applications National Concessions Group
One thing to know about litigation is that timing is everything. Many clients that come to us are unaware that the process of litigating is governed by a series of statutorily-defined deadlines and schedules. Failing to abide by those deadlines can have huge effects on a litigant’s position in a lawsuit. One of the worst
A “subpoena” is used in cannabis litigation (or any litigation) when third-party witnesses or documents become necessary for a lawsuit. Over the years, we’ve seen the need for subpoenas come up in a variety of contexts. Below is a primer on what to do as a recipient of one: What is a subpoena? There are
REGISTER HERE The West Coast cannabis industry is struggling. In this free webinar, cannabis business litigators Jihee Ahn (California; Oregon) and Jesse Mondry (Oregon) will discuss the state of the industry and how depressed market conditions are affecting those considering litigation or alternative dispute-resolution options. Tune in Tuesday, May 16th at 10am PT for a
On November 10, 2022, Judge Gary L. Sharpe of the New York Federal District Court in Syracuse entered an order enjoining New York’s retail cannabis dispensary application process in five regions of the state (Brooklyn, Central New York, Finger Lakes, Mid-Hudson and Western New York) for the Conditional Adult Use Retail Dispensary (“CAURD”) licenses (the
A recent lawsuit filed in California federal court serves as a good reminder to all our readers that it’s so important to be mindful of Title III of the Americans with Disabilities Act (the “ADA”). For the past several years, we’ve seen a steady flow of cases filed against cannabis companies for their alleged failures
Last November, I wrote this post about a recent case filed by the Securities and Exchange Commission naming cannabis industry players for an alleged stock promotion scheme (or, as some call them, anti-touting violations). Last month, the primary individual defendant, Jonathan Mikula, filed a Motion to Dismiss the claims against him. The other individual defendant,
