TOP TEN of 2021 – Cannabis Law News and Soft Predictions for 2022

2021 - 2022 Recap & Prediction

What a year! Though it wasn’t quite THE year we may have hoped for in cannabis news (hello, federal legalization?!), it’s what we got. Throughout the nation, we’ve had a wave of legislation which greatly impacted the commercial cannabis industry. This year our office wrote about the various legislative and policy changes – We break […]

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 […]

5 Corporate Governance Pitfalls in Cannabis Companies

5 Corporate Governance Pitfalls

Corporate documents for cannabis companies need to be carefully drafted and tailored for the unique aspects of the industry. Template documents that are found online or taken from other companies may have some useful provisions, but should not be wholly relied upon to suit the particular needs of a cannabis business. In particular, a few […]

Cannabis Banking Catastrophe – Two Eaze Consultants’ Convictions Have Deep Implications for the Industry

Cannabis Banking Catastrophe

Guest Author: Alexis Lazzeri, Esq. Eaze Consultant Convictions: A “Clear Criminal Conspiracy.”1 As long as cannabis remains federally illegal, licensed cannabis businesses are forced to operate outside of the mainstream FDIC insured banking system. This delegation to the financial shadows remains a well known liability, physically and financially, for cannabis companies operating in cash and […]

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 […]

Building Your Brand: Trademarking Cannabis, Hemp, and CBD with USPTO

Trademarking Cannabis

One of the most important business and legal considerations for companies is how to protect valuable intellectual property (“IP”) assets. But businesses in the cannabis space face unique challenges in protecting their trademarks and brands.  A trademark is any visible indication that goods or services come from a given source (such as a brand, logo, […]

Special Purpose Acquisition Companies (“SPACs”) May Be the Future of Cannabis and Hemp Business Growth, and Industry Consolidation

the Future of Cannabis and Hemp Business Growth

Special Purpose Acquisition Companies, commonly referred to as “SPACs”, have garnered significant public attention and investment capital in the past year and have made investments into a number of different industries, including cannabis. It is estimated that SPACs raised over $82 billion in 2020, which was a six-fold increase from 2019. Several SPACs have made […]

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 […]

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 […]

Cannabis Deals: Unregistered Broker-Dealers

Unregistered Broker-Dealers

Written by: Galen Pham, J.D. Candidate 2022 Using an unregistered broker-dealer to help raise money for your cannabis startup or to help find and facilitate a purchase or sale can have serious legal consequences for your business, including potentially providing the investor or buyer/seller the right to rescind the deal. Before engaging with a broker-dealer, […]