Law Updates

Rescheduling Cannabis: Rainbow or Tornado?

May 31, 2024 | Cannabis Law Updates

Article by: Janet Jackim In this article, we report not only on the expected implications from cannabis’ rescheduling but also on numerous surprises to the cannabis industry as a result of the expected reclassification of cannabis as a Schedule III drug, which was announced to the public on April 30, 2024 and the proposed rescheduling… More

Evolving Legal Landscapes: The Impact of Proposed THC-A Regulation and Hemp Definition Changes

May 30, 2024 | Cannabis Law Updates

Article by: Tom Zuber, Janet Jackim, and Jim Ickes The Drug Enforcement Administration (DEA) has recently clarified its stance, indicating that THC-A, a precursor to the psychoactive compound THC, does not qualify as legal hemp under current federal law. This statement comes at a pivotal moment as legislative bodies consider amendments to the upcoming Farm… More

Corporate Transparency Act

December 29, 2023 | US Law Updates


Understanding Ohio’s Next Steps After Legalizing Recreational Cannabis

November 9, 2023 | Cannabis Law Updates

Article by: Counsel Jim Ickes Ohio has reached a pivotal moment in its history, joining 23 other states in legalizing recreational marijuana for adults over the age of 21. The passage of Issue 2 marks a significant shift in the state’s approach to cannabis, reflecting changing attitudes and paving the way for a new legal… More

J. Robert Oppenheimer’s Legacy in Quantum Mechanics

October 5, 2023 | Quantum Computing Updates

Article by: Law Clerk Radhi Shah The release of the film “Oppenheimer” in July 2023 has brought renewed attention to the renowned scientist J. Robert Oppenheimer’s life. While Oppenheimer is primarily remembered as the key figure behind the development of the atomic bomb, his early contributions to the field of quantum mechanics have had a… More

“Sham Unions”: Alleged Labor Law Violations Shake California’s Booming Cannabis Industry

September 20, 2023 | Cannabis Law Updates

Article by: Associate Michael A. Carlin Several major legal cannabis companies in California are facing allegations of violating state law by collaborating with and signing labor peace agreements with organizations claiming to be labor unions but who have failed to genuinely advocate for workers’ rights. According to California law, cannabis companies with over 20 employees… More

Breaking Barriers: California on the Verge of Legalizing Psychedelics

September 12, 2023 | Psychedelics Law Updates

Article by: Radhi Shah, Lizzie Fanckboner, and Tom Zuber Exciting developments are underway in the Golden State, as California inches closer to legalizing certain psychedelics for individuals aged 21 and older. The bill (SB 58) has successfully passed through the California Senate, awaiting the final signature of Governor Gavin Newsom to become law. If approved,… More

Major Step in Federal Cannabis Policy Reform – The Proposed Rescheduling (But not De-scheduling) of Marijuana

September 5, 2023 | Cannabis Law Updates

Article by: Radhi Shah, Janet Jackim, and Tom Zuber Summary In a groundbreaking development on August 29, 2023, the United States Department of Health and Human Services (HHS) recently concluded that, based upon its research into medical responses to the use of marijuana, scientific research evidence, and medical evaluations, it should not be a Schedule… More

The Beginning of the End of Non-Competes in New York? An In-Depth Look at the Proposed Non-Compete Legislation and its Potential Impact on Employers, Employees, and Independent Contractors in New York

August 2, 2023 | US Law Updates

Article by: Associate Michael A. Carlin In a post-adjournment session on June 20, 2023, the New York State Assembly took a significant step toward banning employers from requiring employees to enter into non-compete agreements. The bill, A1278B/S3100A, has passed the New York State Assembly and previously passed the Senate. It is now awaiting further possible… More

Legal Update: Major Development in SEC v. Ripple Case – Summary Judgment Decision Announced

July 14, 2023 | Blockchain Law Updates

Yesterday we received a decision on the cross motions for summary judgment in SEC v. Ripple.  Full text of decision:  Judge Torres stated categorically that a token is not automatically an investment contract.  The sale of tokens can be a security in certain circumstances, but two problem areas appear to have tipped strongly in… More

Addressing Liability in the Age of AI: Legal Challenges and Frameworks

April 27, 2023 | Technology Law Updates

Article by: Law Clerk Radhi Shah Artificial intelligence (AI) is rapidly evolving, and as it becomes increasingly integrated into various aspects of society, it presents legal challenges that are complex and multifaceted. One of the most significant legal challenges posed by AI is the blurred line between virtual actions and real-world consequences. As AI systems… More

FTC Proposes Ban on Noncompete Clauses with Workers: What Employers Need to Know

April 17, 2023 | US Law Updates

Article by: Associate Michael A. Carlin Noncompete clauses in employment contracts have long been a controversial topic. The debate has gained new momentum this year with the Federal Trade Commission (FTC) proposing a rule to ban such clauses with workers. The FTC issued a Notice of Proposed Rulemaking (NPRM) on January 5, 2023, which proposes to… More

Public Health Emergency Ends and DEA Proposed Rules Step In

March 21, 2023 | Psychedelics Law Updates

Article by: Partner Jeff Zuber, Counsel Raza Lawrence, and Associate Lizzie Fanckboner. In response to the COVID-19 public health emergency (PHE) declared by the United States Secretary of Health and Human Services, the Drug Enforcement Administration (DEA) adopted a new set of policies to allow DEA-registered practitioners to prescribe controlled substances without having to interact in person… More

Prop 122: Advisory Board Appointed by Governor Polis of Colorado and Legislative Updates

March 7, 2023 | Psychedelics Law Updates

Article by: Partner Jeff Zuber, Counsel Raza Lawrence, and Associate Lizzie Fanckboner. Advisory Board Appointed Colorado voters passed Proposition 122, the Natural Medicine Health Act (NMHA), in November 2022. Now codified in the Colorado Revised Statutes, the NMHA is in a development phase, where the newly appointed Natural Medicine Advisory Board, once confirmed, will work to draft… More

The Residency Requirement for Oregon Psilocybin Licenses

February 16, 2023 | Psychedelics Law Updates

Article by: Partner Jeff Zuber, Counsel Raza Lawrence, and Associate Lizzie Fanckboner. Psilocybin, the active ingredient in magic mushrooms, has been the subject of increasing scientific research in recent years. Its potential therapeutic benefits for a variety of mental health conditions, such as depression and anxiety, have led to a growing movement to legalize and regulate its… More

Cracks in the Wall? The New Year Promise of Cannabis Bankruptcy

February 9, 2023 | Cannabis Law Updates

Article by: Counsel Tomas Ortiz   Every year there is a case or two that promises change in what has been considered by many as an insurmountable wall of law – that is, bankruptcy relief is not available for those distressed businesses who transact in or around cannabis. And, every year, that case or two… More

5 Takeaways from Colorado’s Proposition 122 – The Natural Medicine Health Act

February 1, 2023 | Psychedelics Law Updates

Article by: Partner Jeff Zuber, Counsel Raza Lawrence, and Associate Lizzie Fanckboner. In November 2022, Colorado voters passed Proposition 122, the Natural Medicine Health Act (NMHA), which establishes a regulated natural medicine access program and provisions for personal use of natural medicines. Under this new law, Colorado will become the second US state – following Oregon –… More

Oregon’s Flagship Commercial Psilocybin Licensing Program Takes Off

January 27, 2023 | Psychedelics Law Updates

Article by: Partner Jeff Zuber, Counsel Raza Lawrence, and Associate Lizzie Fanckboner. On January 2, 2023, Oregon began accepting applications for its first-in-the nation regulated psilocybin services program.  Under the new regulatory program, licensed psilocybin manufacturers will be permitted to manufacture and distribute psilocybin and psilocybin-based edible products, for use by anyone at least 21 years old… More

New Federal Employment Law Invalidates Pre-Dispute NDAs

January 19, 2023 | US Law Updates

Article by: Associate Michael A. Carlin The #MeToo movement has led to the passing of several notable federal laws to address sexual harassment in the workplace. On December 7, 2022 President Biden signed another such law, the Speak Out Act. The Speak Out Act prohibits the enforcement of pre-dispute, non-disclosure or non-disparagement clauses related to… More

The Future of Marijuana Legalization in Minnesota

January 12, 2023 | Cannabis Law Updates

Article by: Partner Christopher Parrington In 1964, Minnesota music legend Bob Dylan warned the world that “the times they are a-changin.” Sixty years later and this lyric is true with regard to Minnesota’s cannabis industry.  Within the first few days of the 2023 legislative session, a bill was introduced for the legalization of recreational cannabis… More

New Developments in Quantum Computing Applications

December 19, 2022 | Quantum Computing Updates

Article by: Associate Brian Beck As discussed in Mark Bloomberg’s July 2022 article, The Public Perception of Quantum Computing, quantum computing still seems to most people like science-fiction. The technology is difficult to understand without expertise in computer science, physics, and advanced mathematics. For the moment, quantum computing still fits within Arthur C. Clarke’s third law:… More

Legally Psychedelic: Gearing Up for the Launch of the State-Regulated Psilocybin Industry

December 7, 2022 | Psychedelics Law Updates

Article by: Partner Jeff Zuber, Counsel Raza Lawrence, and Associate Lizzie Fanckboner. We are quickly approaching a significant milestone in the history of the American psychedelics industry.  On January 2, 2023, Oregon will be the first state in the nation to accept licensing applications from applicants seeking to participate in its commercial psilocybin industry — a… More

Wait….Arizona is Issuing New Medical Marijuana Licenses?

December 5, 2022 | Cannabis Law Updates

Article by: Janet Jackim, Co-Chair of the Cannabis Practice Group, (Phoenix, Arizona)  New MMJ Licenses to be Issued.  Yes, Arizona’s Department of Health Services recently (the day before Thanksgiving, 2022) notified the public that it may issue new medical marijuana licenses in February or March, 2023. Historical Context.  Historically, Arizona voters narrowly passed Prop… More

Cannabis Bankruptcy? Well, Maybe Next Year.

December 6, 2022 | Cannabis Law Updates

Article by: Counsel Tomas Ortiz As the end of 2022 quickly approaches, where are we on a federal cannabis program? Federal legalization remains frozen in time – re-scheduling versus de-scheduling, the SAFE Act, the MORE Act; none of these important cannabis initiatives is settled. Biden’s pardon gave people something to talk about, but did it… More

Healthcare in the Metaverse

October 27, 2022 | Blockchain Law Updates

Article by: Girogia Giordani When it comes to thinking of sectors that benefit from the transformative power of technology, healthcare is probably on the front line. The connection between healthcare and technology is not new, and the success of the synergy between the two sectors is linked to better care and diagnosis, improved patient experience,… More

Congress Starts to Address Post-Quantum Cybersecurity

| US Law Updates

Article by: Brian Beck On July 13, 2022, the House of Representatives passed H.R. 7535, the “Quantum Computing Cybersecurity Preparedness Act.” Because quantum computing has the capability to defeat the primary methods of encryption used by government and industry today, scientists and government officials have been working to develop a plan for post-quantum cybersecurity, as… More

Considerations for Crafting Cannabis Legislation

October 20, 2022 | Cannabis Law Updates

Article by: Partner Christopher Parrington In 1996, California became the first state to legalize medical marijuana. Sixteen years later, Colorado and Washington legalized recreational cannabis. The industry has since exploded. To date, 19 states have legalized recreational cannabis. Eighteen states have  legalized medical marijuana,  and  10  states have  legalized  cannabidiol (CBD) or low-THC cannabis. In… More

President Biden’s Cannabis Announcements Bring Hope, and Questions

October 11, 2022 | Cannabis Law Updates

Article by: Counsel Raza Lawrence On October 6, President Joe Biden announced that he will be issuing pardons to everyone who has been convicted of “simple possession” of marijuana in federal courts.  At the same time, President Biden directed Xavier Becarra, the head of the Department of Health and Human Services, along with the Attorney… More

Oregon Health Authority Draft Rules for Psilocybin Services Program

September 9, 2022 | Psychedelics Law Updates

Article by: Partner Jeff Zuber, Counsel Raza Lawrence, Associate Lizzie Fanckboner, and Associate Terron East. The Oregon Health Authority released the long-awaited draft rules for its Psilocybin Services Program on September 1st. The draft rules lay out a proposed framework for the first commercial psilocybin licensing program in the nation, and are an exciting step toward… More

Industry Standards Emerge As Cannabis Enters the Mainstream

August 18, 2022 | Cannabis Law Updates

By: Counsel Raza Lawrence   The cannabis industry is gradually becoming more widely accepted in America and starting to feel more like a normal part of the economy.  For decades, cannabis was bought and sold outside the law.  In the illicit market, norms and standards developed organically and were enforced not in the courts, but… More

Lessons for Federal Lawmakers as California Alters Cannabis Tax

August 15, 2022 | Cannabis Law Updates

By: Counsel Raza Lawrence   In New State Ice Co. v. Liebmann, U.S. Supreme Court Justice Louis Brandeis in 1932 referred to the 50 states as laboratories of democracy, writing: It is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose, serve as a laboratory… More

Two Psychedelics Initiatives May Hit the Colorado November Ballot

July 29, 2022 | Psychedelics Law Updates

By: Associate Lizzie Fanckboner In 2019, Denver passed Ordinance 301, making it the first city in the US to decriminalize psilocybin-containing mushrooms. While the ordinance did not legalize psilocybin, it set out to “deprioritize, to the greatest extent possible” criminal penalties imposed by the City and County of Denver “for the personal use and personal… More

California Drops Cannabis Cultivation Tax, Aims to Bolster Licensed Market

July 18, 2022 | Cannabis Law Updates

By: Counsel James Raza Lawrence   California recently provided a jolt to its cannabis industry by eliminating its cannabis cultivation tax, effective July 1, 2022.  The cultivation tax has, for years, created a drag on California’s licensed cannabis market and caused many businesses to continue operating in the illicit, unlicensed market.  Given that the cannabis… More

Navigating the Rough Seas and Rocky Shores: Financial Restructuring in Cannabis

July 1, 2022 | Cannabis Law Updates

By: Counsel Tomas Ortiz   As businesses struggle through the rough currents of today’s economy, inflation, and post-pandemic conditions, many are considering and reconsidering their options in navigating through the rough seas and rocky shores – how to survive and stay in business or how to exit gracefully and effectively. This is particularly true in… More

What’s Happening on Arizona’s Recently Awarded 26 Social Equity Licenses? Not much, at least not publicly…

May 23, 2022 | Cannabis Law Updates

By: Partner Janet Jackim   Randomized Drawing to the Select Few.  On April, 8 2022 the Arizona Department of Health Services conducted a digital lottery on approximately 1,500 applications to award 26 adult use only marijuana dispensary licenses.  The drawing did not disappoint several regional and multi-state operators who had partnered with sometimes hundreds of… More

It’s Never Too Late. California Takes Another Step Towards the Regulation of CBD.

May 19, 2022 | Cannabis Law Updates

By: Counsel Tomas Ortiz   Almost four years after the passage of the 2018 Farm Bill, California is taking another significant step toward regulating hemp-derived CBD. Legislative efforts to regulate CBD in California have failed, until last year, when the state finally passed Assembly Bill – 45, which allowed for the inclusion of hemp and… More

IP In The Metaverse: Who Would Own What In Our New Reality?

May 6, 2022 | Metaverse Law Updates

By: Foreign Attorney Radhi Shah The metaverse may be thought of as a permutation of multi-layered digital spaces that augment the physical world, immersive digital worlds through avatars, and the internet. No longer a science fiction construct, the metaverse has become real. Metaverse inherently raises various questions about ownership, transfer of value, rights protection, and… More

Cannabis Companies – Don’t Stop At Cannabis Regulation Compliance – Labor Code Compliance Is Also Essential

April 14, 2022 | Cannabis Law Updates, US Law Updates

By: Associate Michael A. Carlin Complying with California’s regulations related to cannabis businesses can be challenging. However, it is important to keep in mind that compliance with the Department of Cannabis Control is only one aspect of the requirements imposed by California state law. Overlooking compliance with California’s labor code can result in cannabis businesses… More

You Have Just Developed A New Quantum Product – Now What?

March 18, 2022 | US Law Updates

By: Of Counsel Mark Bloomberg   Successfully bringing a new quantum product to market presents a number of challenges.  First, you have to create the product.  Second, there must be demand for that product in the market.  Third, you have to compete with others in that market.  And, fourth, you have to produce a reliable… More

The Intersection of Cannabis and Clean Energy: What’s on the Horizon for these Emerging Industries?

March 2, 2022 | Cannabis Law Updates, Cleantech Updates

By Counsel Lolla Stovall Cannabis sales are accelerating swiftly as legalization efforts push through, increasing a whopping 67% in 2020 alone. The cannabis industry is now worth more than $60 billion and should exceed $100 billion by the end of the decade. Increasing sales naturally require increasing production. And as production has increased, the environmental… More

New Jersey Rolls Out Dates for Processing Cannabis Business Applications

November 18, 2021 | Cannabis Law Updates

By Jonathan M. Purow, Counsel At its meeting on November 10, 2021, the New Jersey Cannabis Regulatory Commission announced that it will start accepting applications for cultivation, manufacturing, and testing lab licenses on December 15, 2021, and applications for retail licenses on March 15, 2022. The applications will be accepted and approved on a rolling… More

Why and When an Appellate Litigator Should be Hired

September 13, 2021 | Appellate Law Update

By Robert A. Mandel, Partner & Head of Appellate Practice Group Those of us fortunate enough to litigate cases in the appellate courts are often asked if and when trial counsel should turn to us for assistance. We get those questions all the time—particularly from our clients’ in-house counsel and trial attorneys. And it should… More

Cannabis Administration and Opportunity Act: Senate Majority Leader Schumer Pushes for Legalization

July 19, 2021 | Cannabis Law Updates

By Robert A. Mandel, Dr. Jayashree Mitra, and Jonathan M. Purow Despite the absence of White House support, United States Senate Majority Leader Charles Schumer (D-N.Y.) unveiled on Thursday a preliminary draft of the ambitious Cannabis Administration and Opportunity Act (“CAOA”), which, if enacted, would decriminalize cannabis if cultivated, manufactured, sold, administered, used, and possessed in a regulatory-compliant manner and preserve at least parts of existing… More

Bill Decriminalizing Possession of Psychedelics Approved by California Lawmakers

June 9, 2021 | Psychedelics Law Updates

By Tom Zuber and Radhi Shah The State of California took a step closer to decriminalizing possession of psychedelic drugs as the senate passed a bill SB 519, 21-16 on a floor vote. The bill, sponsored by Sen. Scott Wiener, cleared three separate committees. The State Department of Public Health would be required to establish… More

Non-Fungible Tokens

April 26, 2021 | Blockchain Law Updates, US Law Updates

From “The Matrix” By Josh Lawler The concept of the collectible is fundamental to the human spirit. Children start collecting things before they can walk. The fascination with collecting only increases as we get older. For most, a collection is fairly simple. Baseball cards, luxury cars, toys, comic books, art, merit badges; sure; but people also… More

We Are Open For Business – Legalization of Adult Use Cannabis in New York

April 2, 2021 | Cannabis Law Updates, US Law Updates


Zuber Lawler Represents Auto Konnect in Summary Judgement Victory Against BMW of North America, LLC

January 6, 2021 | US Law Updates

On January 4, the United States District Court for the Eastern District of Michigan granted partial summary judgment for Zuber Lawler client Auto Konnect, LLC, that BMW of North America, LLC breached a service provider contract between the parties by directly hiring all 38 Auto Konnect employees providing services to BMW, destroying that entire division… More

Cannabis, Hemp and the Evergreen Promise of Bankruptcy

January 7, 2021 | Cannabis Law Updates

By Tomas A. Ortiz It has now been two years since the 2018 Farm Bill became law and, despite legalization, the hemp industry continues to experience some choppy waters. There remains inconsistency and uncertainty surrounding regulatory framework (both at state and local levels), litigation and uncertainty with the DEA, ongoing access challenges to banking and… More

Adjusting to the New Normal: Practical Tips for Working From Home

April 17, 2020 | US Law Updates

  By Mark J. Johnston Contributors  Martin P. Greene, John C. (“Jay”) Maloney, Jr., Agnés Sullivan, Giselle B. (“Gigi”) May   Welcome to the second issue of the  Zuber Lawler Covid-19 Task Force Client Alert. This one is designed to provide useful suggestions to human resource personnel. We have made it easy for you to simply review the contents and forward… More

COVID-19 Executive Orders: Is Your Business Essential?

| US Law Updates

  By Martin P. Greene Contributors  John C. (“Jay”) Maloney, Jr., Agnes Sullivan, Giselle B. (“Gigi”) May,  Mark J. JohnstonClient Alert from the Zuber Lawler COVID-19 Task ForceThese are challenging times for employers and employees alike in navigating the host of changes necessitated by COVID-19, the respiratory  disease caused by the SARS-CoV-2 virus.Zuber Lawler has created a task force to… More

Luxembourg Moves Closer to Becoming EU’s First to Legalize Cannabis

August 26, 2019 | Cannabis Law Updates

Luxembourg’s Health Care Minister Etienne Schneider recently elucidated on the country’s hope to legalize recreational cannabis within the next two years, which would make it the first to pass such laws in the EU. The Health Ministry and the Minister of Justice will submit a draft to the Government Council this fall. If the Government… More

Assessing Your Exposure to Helms-Burton Title III Claims for Cuban Expropriated Property

August 17, 2019 | International Law Updates

In 1959 Fidel Castro’s regime seized billions of dollars’ worth of property as he overthrew a U.S.-backed Havana to establish a socialist state and concretize relations with Cuba’s emerging Soviet allies. The properties seized by Castro, 90% of which were owned by individual Americans[1] (and the other 10% owned by corporations),[2] were one of the… More

Zuber Lawler Secures Dismissal of Health Supplement Distributor’s Civil RICO Claim

April 23, 2018 | US Law Updates

Zuber Lawler client secures dismissal of a health supplement distributor JST Distribution’s civil RICO claim.  Although the Court permitted Plaintiff an opportunity to amend its RICO claim, the Court further admonished Plaintiff’s counsel to consider the possibility of Rule 11 sanctions if including RICO claims in its anticipated amended pleading.  Id. at 12. is an… More

Congratulations to Martin Greene and Eileen Letts: on Crain’s Chicago’s Notable Minority Lawyers

November 28, 2018 | US Law Updates

Congratulations to Martin Greene & Eileen Letts This list aims to recognize those who are making incredible strides towards causes of both justice and equality.  Through their work, they have improved the legal profession and inspired all generations of diverse lawyers.  Their accomplishments and professional excellence holds a standard in the industry for all who desire to… More

USPTO Replaces Broadest Reasonable Claim Construction Standard for IPRs, PGRs, and CBMs

October 1, 2018 | US Law Updates

In a final rule published in the Federal Register, the United States Patent and Trademark Office (USPTO) announced that it is replacing the “broadest reasonable interpretation” standard with the federal court claim construction standard for IPRs, PGRs, and CBMs.  This new claim construction standard is consistent with that articulated in Phillips v. AWH Corp., 415… More

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