Oregon Marijuana Company Sued in FLSA Wage Claim
OregonUncategorized January 11, 2019
I recently wrote about a case in the Tenth Circuit, Kenney v. Helix TCS, Inc., where the Court of Appeals is asked to decide if the Federal Labor Standards act (FLSA) provides wage and hour protection to employees of cannabis businesses. That case hasn’t seen much movement since I wrote about it, but its decision…
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We counsel our cannabis (and non-cannabis) clients extensively on product liability issues, and have warned them that the federal illegality of their products will not shield them from the same products liability risks faced by companies in other industries. We extend the same warnings to our cannabidiol (CBD) clients, who, if they are operating outside…
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What Will the California Cannabis Industry Look Like in a Few Years (From the Legal Perspective)?
CaliforniaUncategorized December 5, 2018
Because California’s cannabis regulatory scheme is still in relative infancy, 2018 has looked the same for most operators: applying for annual licenses and waiting (and then continuing to wait) for them to issue or fighting to get temporary license applications submitted before they can no longer be issued. But what happens in two or three…
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We have handled a number of excessive fines cases on behalf of clients who’ve had their property seized, or threatened to be seized by the government. For some background on this, see our blog posts here and here. The United States Constitution provides that excessive bail shall not be required, nor excessive fines imposed, nor cruel and…
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Cannabis RICO Lawsuits Are Failing: Oregon and Colorado Updates
ColoradoOregonRecreational MarijuanaUncategorized November 2, 2018
We’ve been writing about RICO lawsuits on this blog for a while. These lawsuits are typically brought by neighbors of state-licensed cannabis farms, who allege they are bothered by noise and smells associated with cannabis production, and that their property values have been damaged by extension. Generally speaking, these plaintiffs tend to have strong prohibitionist…
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Marijuana Business Litigation Decision Making
Uncategorized November 1, 2018
When people have been wronged, they naturally want to get justice and want the party that wronged them to pay enough money to make them whole. The law generally holds that when someone commits a tort or breaches a contract against you, they owe you an amount of money equal to the value of your…
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Cannabis Litigation 101: Arbitration
Uncategorized October 30, 2018
This is the second post in a series on various aspects of cannabis litigation. The title is admittedly a bit misleading, as arbitration isn’t really the same thing as litigation. That said, the two can intersect, and so understanding what arbitration is and is not, is important for cannabis businesses. After all, many contracts in…
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Cannabis Litigation 101: Trade Secrets
Uncategorized October 2, 2018
Oregon Cannabis: Josephine County Loses Again
OregonUncategorized September 3, 2018
