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, jjackim@zuberlawler.com. (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
Zuber Lawler Instrumental in Socios Fan Token Sponsorships with 13 NFL Teams
| Blockchain Law Updates, Blockchain Law Updates - Featured
Zuber Lawler client Socios has announced its partnership with 13 NFL teams. This announcement was a long time coming and based on a great deal of work in which we played an instrumental role. Key contributors included: Josh Lawler, James Boyajian, Sarah Fernandez, Jennifer Kuhn, Dariya Cherkasskaya, and Renee Boyce. We look forward to conducting… 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
New York’s Draft Conditional Retail Regulations Raise Practical Concerns
March 14, 2022 | Cannabis Law Updates, Cannabis Law Updates - Featured
By: Counsel Jonathan Purow It is an exciting time in New York, as there is finally momentum towards the first sales in the adult-use cannabis market. Just weeks after Governor Hochul signed a bill to permit qualified hemp farmers to start growing the first batch of adult-use cannabis, the Cannabis Control Board has released… 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
Cleantech and Cannabis: What’s New, What’s Next?
February 11, 2022 | Cannabis Law Updates, Cannabis Law Updates - Featured, Cleantech Updates
By Counsel Lolla Stovall Cannabis production and sales is one of the hottest industries around, with an annualized growth rate of more than 20% for several years running. Marijuana stocks have experienced impressive runs, and it seems that another state or city legalizes recreational marijuana use daily. The success of cannabis startups and the greater… More
Arizona | Legal Overview
November 24, 2021 | Cannabis Law Updates - Featured, Uncategorized
By Janet Jackim, Partner, Cannabis Practice Chair In just the first six months of Arizona’s adult-use marijuana program, which commenced in January 2021, the state received combined medical and adult-use tax revenue totaling nearly $75 million. With combined sales in March 2021 reaching $120 million, according to the Arizona Department of Revenue, $1 billion in… 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
Zuber Lawler Contributed, “The Digital Asset Handbook” Available Now
November 12, 2021 | Blockchain Law Updates - Featured
As the financial markets change, today’s investors need concise, constructive, and insightful subject matter experts to provide bite-sized pieces of in-depth knowledge in an easy-to-read format. Clear Rating, its affiliates, Josh Lawler, and co-authors ranging from leading financers, attorneys, regulators, and analyst came together for one simple purpose, provide “The Digital Asset Handbook” to help… 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
The Metaphysics of Bankruptcy: Act or Omission and the Automatic Stay
March 9, 2021 | 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
Russia’s Crypto Laws Remain Ambiguous Ahead of Second Bill
October 12, 2020 | Blockchain Law Updates, Blockchain Law Updates - Featured
By: Josh Lawler Contributors: Olga Gladkova and Dmitry Gladkov Russian President Vladimir Putin signed a bill into law in late July that gives cryptocurrencies legal status, but prohibits them from being used as a payment method. It is the first major legislation for the digital currency industry in the transcontinental country. It comes… More
Zuber Lawler Represents Topolewski and Mu in Appeal and Defense Victory; Judgment Modified From $62 Million to Zero
May 1, 2020 | US Law Updates, US Law Updates - Featured
Zuber Lawler successfully appealed a $62 million judgment to the California Court of Appeal, convincing the appellate court to modify the judgment to zero in valuation damages, and denying a plaintiff request for a retrial. Zuber Lawler also successfully defended a request for rehearing and a petition for review to the California Supreme Court. … 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
Zuber Lawler Represents Lencore Acoustics in Sale of Sound Masking Business to Emmis Communications Corporation
March 19, 2020 | US Law Updates, US Law Updates - Featured
Congratulations Josh Lawler, Jim Robertson, and Sarah Fernandez on representing Lencore Acoustics, Inc. (Lencore) in its sale of its sound masking business to Emmis Communications Corporation (Emmis). Lencore is the world leader in high-quality sound masking solutions for offices and other commercial applications. The transaction included the retention and rebranding of Lencore’s mass notification system… More
Phantom Tax Consequences on Receipt of Digital Assets by Airdrop
December 5, 2019 | Blockchain Law Updates, Blockchain Law Updates - Featured
On October 9th, 2019, the IRS released long awaited guidance on the taxation of cryptocurrency through Rev. Ruling 2019–24 and an associated FAQ, including their guidance on treatment of airdrops. The IRS takes the controversial position that the airdrop equates for taxation purposes to a dividend. As a corollary, an involuntary (and perhaps unknowing) recipient of an airdropped… More
PTAB Judges Demoted by the Federal Circuit in Arthrex v. Smith: A New Challenge to the Constitutionality of PTAB Proceedings
November 13, 2019 | US Law Updates, US Law Updates - Featured
By Dr. Jayashree Mitra and Brian Beck PTAB Judges are Unconstitutionally Appointed Principal Officers In a unanimous decision last week, the Federal Circuit found that the administrative patent judges (APJs) at the Patent Trial and Appeal Board (PTAB) are principal officers of the United States, and thus that their appointment by the Secretary of Commerce violates the Appointments… More
Allergan V. Sandoz Emphasizes Importance Of Prosecution History In Construing “Wherein” Clauses
September 27, 2019 | US Law Updates, US Law Updates - Featured
By Dr. Jayashree Mitra and Brian Beck Claim Construction of “Wherein” Clause May Be Contingent On Prosecution History The Federal Circuit’s recent decision in Allergan Sales, LLC v. Sandoz, Inc., No. 2018-2207 (Fed. Cir. Aug. 29, 2019) (“Allergan”) illustrates how arguments made during prosecution with regards to the term “wherein” can turn the tide on invalidity arguments at… More
Zuber Lawler Congratulates its Client AAMP on PTAB Victory
September 19, 2019 | US Law Updates, US Law Updates - Featured
AAMP is the technology leader in aftermarket stereo equipment that allows a driver to control a replacement car stereo using existing controls on a steering wheel. After settling an action for infringement of two of its patents, the defendant instigated reexamination proceedings, during which the Patent Examiner found that the patents were invalid based on new… 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
The Real Winners in Prosecuting Unlicensed Cannabis Retailers? The Promoters
June 28, 2019 | Cannabis Law Updates, Cannabis Law Updates - Featured
Unlicensed cannabis retailers take away tax revenue from state and local governments, and force those governments to divert needed public funding for investigation or prosecution. Unlicensed cannabis puts financial pressure on legal operators that are struggling to apply, comply, and prosper. Lack of quality control at unlicensed cannabis businesses also poses a public health risk… More
Congratulations to Eileen Letts: Recipient of The ABA Margaret Brent Women Lawyers of Achievement Award
March 29, 2018 | US Law Updates - Featured
Congratulations to Eileen Letts Recipient of The ABA Margaret BrentWomen Lawyers of Achievement Award The purpose of the American Bar Association Margaret Brent Awards is to recognize and celebrate the accomplishments of women lawyers from around the country who have achieved professional excellence in their practice areas and paved the way to success for other… More
Zuber Lawler Secures Dismissal of Health Supplement Distributor’s Civil RICO Claim
April 23, 2018 | US Law Updates
Zuber Lawler client CNV.com 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. CNV.com 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
Your ICO/TGE is subject to the US Securities laws; now what?
November 1, 2018 | Blockchain Law Updates - Featured
The Security/Utility Fallacy. (Blame the attorneys for this one) Fundamental Problem: A token can have utility and be a security at the same time. The token that you sell to raise capital (as a security) must, at some point become an unrestricted utility token so that it will function in your company’s token economy. In… 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