import cannabis equipment drug paraphernalia

Is Importing Cannabis Equipment Worth It?

Given the growth of both the cannabis industry and international trade, it’s more important than ever to understand the basics, and challenges of, purchasing cannabis-related goods overseas. Root Sciences, a cannabis extraction company, has been learning this the hard way. Last week, it initiated an appeal in the Federal Circuit last week after their lawsuit

California cannabis claims

California Cannabis Claims: Conversion

We’re back with the newest part in our series on common California cannabis claims. Today, we’ll be covering one we often see in the context of buyer v. seller disputes: conversion. How does California define a conversion claim? The technical definition of conversion is “the wrongful exercise of dominion over the personal property of another.”

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

Mostpeoplewhoare(luckily)notfamiliarwithlitigationbelievealternativedisputeresolution(or“ADR”)clausesintheircontractsareessentiallyboilerplatelanguagethat’srecycledagainandagainineverycontract.However,well draftedADRclausescannotonlygiveyouahugeadvantageifanissuecomesup,theymayalsocauseyourcounterpartytobackawayfromlitigationcompletely.Ifdoneright,arbitrationclausesshouldworkforyou

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