Welcome back to our litigation series on California cannabis claims. We’re continuing today with a cause of action we unfortunately commonly see in cannabis litigation: the breach of fiduciary duty. Introduction A fiduciary relationship exists between parties when at least one of the parties is, in duty, bound to act with the utmost good faith…
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California Cannabis Claims: Breach of Contract
CaliforniaUncategorized January 15, 2020
Happy 2020, everyone! Our litigation team would like to kick-start the year by starting a series on the most common causes of action that we see in and around the cannabis industry. We hope these overviews help our audience not only understand what they can expect if they ever find themselves in litigation, but also…
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Receivership and Distressed Cannabis Assets in California
CaliforniaReal EstateUncategorized January 10, 2020
Succeeding in the cannabis industry is not easy, especially in California. Complex regulation, high taxes, expensive real estate, and competition with the black market are just a handful of factors that challenge cannabis businesses. The majority of players lack sufficient reserves and agility to stay in the game. Due to the substantial upfront costs required…
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Oregon Hemp Litigation: New Cases Demonstrate the Continued Importance of Due Diligence
OregonRecreational MarijuanaUncategorized December 28, 2019
Although I am a litigator who loves to be in court, I often counsel clients on how to avoid litigation – even though it may mean less work for me in the future! Front and center in these discussions are: 1) the importance of due diligence prior to entering a new business relationship and 2)…
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When and How to Get a Temporary Restraining Order or Other Injunction in California
CaliforniaUncategorized December 21, 2019
What is an injunction? An “injunction” is an order of the Court that a certain act be done or not be done. There are three types of injunctions: A temporary restraining order (“TRO”) (issued on a temporary, emergency basis); A preliminary injunction (issued on a basis that usually lasts through the end of trial); and…
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Hemp-CBD: Washington State’s Consumer Protection Act
Uncategorized December 18, 2019
This is the second in a three-part series explaining why companies making and sell hemp-derived CBD products ought to be concerned about state consumer protection laws. Last week we looked at Oregon and an article on California is in the works. It probably comes as no surprise that companies selling hemp-derived CBD in the State…
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California Cannabis Litigation: We Argue the Kern County Appeal in February
CaliforniaUncategorized December 13, 2019
As we have written about previously, we represent a property owner and retailer in an appeal against Kern County pending in the Fifth Appellate District (County of Kern v. Alta Sierra Holistic Exchange Service, Case No. F077887). The legal landscape for cannabis regulation in Kern County has been in flux since 2009, when the…
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Cannabis Patent Litigation: the Presumption of Validity
Uncategorized December 10, 2019
I recently received an inquiry as to how difficult it would be to invalidate a competitor’s patent in litigation. In short, it’s pretty tough. A patent is deemed invalid “if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have…
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Charlotte’s Web Faces Class Action Lawsuit for Improperly Marketing CBD Products
CaliforniaHempUncategorized December 9, 2019
We’ve written extensively about hemp-derived CBD and the myriad issues faced by manufacturers CBD edibles. You can read more about this topic here: Is Hemp CBD Really Unlawful in California? The FDA Issues Hemp-CBD Warning Letters and a Consumer Update Litigation Update: JustCBD Files Motion to Dismiss Class Action Lawsuit CBD Topicals are Not Immune…
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The BCC’s Fight to Allow Home Delivery Throughout California
CaliforniaMedical MarijuanaRecreational MarijuanaUncategorized December 3, 2019
It’s no secret that California’s cannabis operators are currently in a regulatory and business environment where red tape, the illegal market, and significant taxes make life hard. At the same time, the state is trying to protect, promote, and grow the industry in a variety of ways, one of which is fighting off…
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