Fiduciary Duties to the Corporation and Minority Shareholders

Fiduciary Duties to the Corporation and Minority Shareholders

Corporate decision-making authority can be held in several ways, depending on the specific provisions of the company’s governing documents, whether that be a shareholders agreement for a corporation, an operating agreement for an LLC, or another agreement. In corporations, there are generally three groups of individuals that make decisions: the shareholders, the directors and the […]

California Trademark Protection for Cannabis Businesses

Trademark Protection for Cannabis Businesses

A trademark is a word, name, or symbol used in commerce to identify and distinguish the goods and services of one company from those manufactured, sold, and/or provided by others. Trademarks help businesses create and maintain a unique brand and often represent a company’s reputation, brand identity, and goodwill.  Trademark infringement occurs when another business […]

Seven Tips to Avoid TCPA Lawsuit Against Cannabis Companies

Seven Tips to Avoid TCPA Lawsuit

In the last few years there has been a sharp increase in individual and class action Telephone Consumer Protection Act (“TCPA”) lawsuits targeting cannabis and hemp companies, oftentimes just for sending a text message. Enacted in 1991, the TCPA was designed to restrict autodialed telemarketing communications via telephone and fax made without the recipient’s consent.  […]

Cannabis Business Partnerships: Breaking Up is Hard to Do!

Cannabis Business Partnerships

Contributing Author: Tyler Hastings, Esq. We are receiving more and more calls from individuals who are not getting along with their business partners, want to legally separate from them, and want our help in doing so.  Generally, unless a buyout provision is included in the corporate paperwork, forced separation from a partner or investor can be […]

The Cannabis Class Actions Are Coming

On July 29, 2020, a live resin vape cartridge customer filed a consumer class action in San Francisco Superior Court against cannabis brand Raw Garden. False Advertising Allegations The complaint alleges unfair competition, breach of warranty, negligent misrepresentation and false advertising of Raw Garden-branded Live Resin vape cartridges as a result of claims that the […]

Managing Distressed Assets – Lessons Learned From MedMen, Ignite, and Acreage Holdings

Managing Distressed Assets

The global pandemic and resulting economic turmoil have caused many businesses in the cannabis industry to teeter on the edge of insolvency. Although Governor Newsom was quick to declare cannabis businesses as “essential,” many of these companies have suffered huge losses, defaulted on their loan obligations and leases, and lack the capital to pay for […]

MedMen: Where There’s a Will, There’s a Lawsuit.

While the City of Los Angeles is receiving backlash for Phase 3 Retail Round 1 Licensing processes, the City of West Hollywood (“WeHo”) is actively defending its own application and licensing procedures in court. On September 4, 2019, MedMen, by and through its subsidiary Farmacy Collective (“MedMen”), filed a Petition for Writ of Mandate (a […]