Unrivaled Brands and People’s California Reach Settlement Terms to Terminate all Pending Litigation
March 9, 2023
As usual, we’ve been monitoring both brewing and active trademark disputes in the cannabis space, and the most recent example involves the institution that is the Girl Scouts. For background, here are some of the other disputes we’ve covered in the past: Kiva Lawsuit Highlights the Cannabis Industry’s Ongoing Trademark Troubles Cannabis Trademark Litigation: Web…
Read moreCalifornia Cannabis Litigation: Airing the Dirty Laundry Edition
CaliforniaUncategorized March 6, 2020
We’ve written a good amount on how ugly litigation will be. There’s federal illegality and the possibility that a court refuse to rule on a contract dispute because cannabis is federally illegal. Companies can be sued for false advertising and have all of their profits attributable to the false advertising disgorged by competitors. Allegedly false…
Read moreCalifornia Cannabis Claims: Unfair Competition
CaliforniaUncategorized February 29, 2020
Welcome to the final post in our litigation series on California cannabis claims. For our last post, we’ll be touching on California’s Unfair Competition Law. Introduction California’s “Unfair Competition Law,” also known as the Unfair Competition Act, Unfair Business Practices Act, or the Unfair Practices Act, is codified at Business & Professions Code § 17200,…
Read moreCalifornia Cannabis Claims: Intentional Interference with Contractual Relations
CaliforniaUncategorized February 26, 2020
Welcome back to our litigation series on California cannabis claims. Today, we’ll be discussing intentional interference or “tortious interference” – which may apply to your situation if you find that a third party is improperly interfering with you and your contractual relationships. Introduction This claim stems from California’s basic recognition that contractual relationships are worthy…
Read morePower to the People: Kern County Measure D Will Give Voters Control of Medical Cannabis
CaliforniaMedical MarijuanaUncategorized February 20, 2020
Last week, I presented oral argument to the Fifth District Court of Appeal in support of the people’s right of referendum. Long story short, the Kern County Board of Supervisors banned medical marijuana dispensaries in 2011, the people protested via referendum petition, and to this day the County has refused to comply with the legal…
Read moreWhy Handshake Cannabis Deals Are BAD
Uncategorized February 17, 2020
A lawyer I know once told me that the primary motivation behind drafting a contract should not be making each party’s obligations clear or negotiating better terms, but instead should be ensuring that when there is litigation, that party is in the best possible position to win. Having written and litigated numerous contracts, I could…
Read moreCalifornia Cannabis Claims: Fraud
CaliforniaUncategorized February 6, 2020
Welcome back to our litigation series on California cannabis claims. Fraud is one of those claims that clients believe will be easy to pursue, but it actually requires a lot of factual development and proof, even just to assert it in a complaint. Below is a primer. Introduction A fraud claim requires six elements: (1)…
Read moreHemp CBD: Will Federal Courts Wait to Decide CBD Cases Until the FDA Issues Regulations?
FloridaUncategorized January 28, 2020
Not long ago Hemp Industry Daily reported on a decision by U.S. District Judge Ursula Ungaro in the Southern District of Florida in which the Court stayed a putative class action lawsuit against a seller of CBD products until the FDA completes rulemaking regarding the marketing, including labelling, of hemp-derived ingestible products. The case is…
Read moreCannabis Arbitration: The Good, The Bad, and The Ugly
Uncategorized January 25, 2020
As each state’s cannabis industry matures past the licensing and permitting phases, expect to see a huge uptick in internal and external issues with cannabis businesses: promising partnerships turn into bitter rivalries, companies go broke, permits and licenses get voided, etc. All of these issues need to be resolved, and many companies or their execs…
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