Oregon Hemp Litigation: Failure to Pay for 10,000 Pounds of Seeds Alleged
HempOregonUncategorized August 5, 2019
As we predicted, litigation concerning hemp production continues to rise. At this point, it is the rare week that we do not see at least one new lawsuit on the state or federal docket– and that is just in Oregon. Given the extraordinary growth in hemp licensure and cultivation nationwide, it seems the courts will…
Read moreDealing with Cannabis Agencies or Municipal Governments? Learn Your Regulatory Language
Uncategorized July 17, 2019
Cannabis companies in regulated states like California often find themselves needing to report to their licensing agency or the municipal government that gave them permits when it comes to pretty much any change in their business, owners, or financiers. These communications typically include: Requesting to modify business operations or their premises Reporting changes to the…
Read moreOregon Cannabis Litigation: Business Between Friends Leads to $4.2 Million Lawsuit
OregonUncategorized July 16, 2019
“A friendship founded on business is a good deal better than a business founded on friendship,” said John D. Rockefeller. In our experience, this adage applies with force in the cannabis industry where –because of its black-market origins – people became accustomed to business arrangements founded on a handshake when recourse from the legal system…
Read moreCannabis Patent Litigation Update: A Certificate of Correction Allows the 911 Patent to Survive Another Challenge
Uncategorized July 9, 2019
We have been closely monitoring the first ever cannabis patent infringement case, between plaintiff United Cannabis Corporation (“UCANN”) and defendant Pure Hemp Collective, Inc. (“Pure Hemp”). UCANN owns the “911 Patent,” which generally covers liquid cannabinol formulations of a purified CBD and/or THC greater than 95%. For the past year, UCANN has fought to secure a…
Read moreCalifornia Cannabis Cultivator Brings RICO Claims Against Fellow Cultivator, But Not For The Reason You Might Think
CaliforniaUncategorized July 4, 2019
In what appears to be a first, a veteran commercial cannabis cultivator in Santa Barbara County has sued another cannabis cultivator for, among many other claims, violating the federal Racketeer Influenced and Corrupt Organizations Act (RICO). According to the complaint, the defendants defrauded the plaintiff as one of many business partners, investors, and otherwise unsophisticated…
Read moreOregon Hemp-CBD Litigation: Another Tale on the Importance of Due Diligence Before Contracting
HempOregonUncategorized June 28, 2019
Most of the hemp litigation we’ve written about has concerned a hemp purchaser suing a hemp farmer. This week concerns a $2.5 million lawsuit recently filed in Oregon wherein a hemp farmer sued a CBD processor. The plaintiff, JNV Farms, alleges that in the fall of 2018 it entered into a manufacturing agreement with one…
Read moreRecently, William J. McNichol, Jr., Adjunct Professor at Rutgers University School of Law, wrote an article regarding the enforcement of cannabis patents that should definitely be discussed. As we’ve noted starting last summer, we expect to see an increasing number of patent infringement cases. We’ve also been providing updates on the very first patent infringement…
Read moreOregon Hemp Litigation: Bad Contract = Big Federal Court Claims
HempOregonUncategorized June 14, 2019
We frequently write on hemp litigation and the ways farmers and purchasers can mitigate the risks inherent in this new industry. Along with others, we have stressed the importance of strategic and careful thinking before entering into a hemp-related contract. Our cannabis lawyers frequently write and speak on these and related topics. A couple of…
Read moreSince 2014 we’ve cautioned investors about publicly traded marijuana stocks. Back then we cautioned would-be investors about “pot companies that are trading at frothy levels that are not well-positioned to compete in the marijuana marketplace.” More recently, we’ve written about the scale of mergers, acquisitions, and cross border work, how to “raise money right, and…
Read moreIn case you missed our April webinar on cannabis agency litigation, please find it below. For a replay of the other webinars in our lunch-time cannabis series, please see: Rights, Opportunities and Responsibilities of Municipalities Regulating Cannabis What You Need to Know to Get Your California Cannabis License Cannabis Litigation West Coast CBD After the…
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