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More than two years after Minnesota Governor Tim Walz signed legislation legalizing adult-use cannabis, and eleven years after the establishment of the state’s medical cannabis program, adult-use cannabis businesses are...more
As we enter Q2 of 2025, the cannabis industry has become increasingly pessimistic about the elimination of Section 280E of the Internal Revenue Code, whether via rescheduling or otherwise. Rescheduling appears unlikely in the...more
Medical cannabis in the Commonwealth of Kentucky is now legal as of January 1, 2025, with increasing opportunities for businesses and patients alike. Investors and market participants should be aware that, although cross...more
Raising capital is always fraught with risk and uncertainty for any company. Those risks and uncertainties are magnified exponentially when it comes to raising capital for cannabis companies. Cannabis companies and potential...more
Good news, bad news if you’re a cannabis operator that owes money to a creditor. But probably bad news for the rule of law. A federal appellate court has ruled that a cannabis operator is obligated to repay his debts to...more
The New York Office of Cannabis Management (“OCM”) has promulgated interim guidance identifying how it will address changes of ownership and other license amendments. While many have criticized the OCM for delays in...more
On July 17, 2024, Judge Paul A. Engelmayer of the U.S. District Court for the Southern District of New York granted a motion to dismiss a putative securities class action against a cannabis company and three of its officers....more
As of September 25, 2023, Bill A4151 was approved by the New Jersey Senate and is now law in New Jersey. This approved bill amends the existing New Jersey recreational cannabis regulatory landscape. Bill A4151, or P.L. 2023,...more
As the New York State Office of Cannabis Management (“OCM”) has started accepting applications for the adult-use cannabis market, it is important to be aware of certain ownership requirements. The New York State Cannabis Law...more
For years, the cannabis industry has been the purview of entrepreneurs and those willing to operate in gray areas — those willing to take some measure of risk to recover the premium on that risk. As cannabis has become legal...more
As New York’s legal cannabis market heats up, many who are intended to benefit struggle with financing the launch of a new business and are at risk of becoming victims of predatory lending practices. While New York state...more
New laws and regulations are likely to be implemented in both New Jersey and New York in the very near future, which will greatly affect parties’ abilities to work with marijuana businesses. Regulating Parties that Deal with...more
During the past few months, the U.S. Securities and Exchange Commission (“SEC”) Division of Enforcement has continued to police the areas of the cannabis industry that roll over into the SEC’s jurisdiction. In March, the...more
The cannabis industry is in distress. Despite continued market expansion and the increasing number of states legalizing adult use, business owners still grapple with lingering supply-chain issues from the pandemic, an...more
Join national cannabis service providers Clark Hill, MGO, and eXp Commercial for a deep dive into the challenges and opportunities facing operators in Montana's new adult-use cannabis industry. With moderation by Clark Hill...more
The District Court for the Western District of New York denied a motion on January 6, 2023, to dismiss claims alleging that a publicly traded company misled investors regarding an investigation by the U.S. Securities and...more
Welcome back to the "Spotlight" – this being the very first and certainly not the last of Summer 2022. That’s right, folks. Although I expect my readership numbers to swoon to “spouse-and-blood-relative” levels, I will still...more
Raising money for a company is challenging. It can be even more challenging if you haven’t been through the process before and don’t know what decisions you need to make. In this article, we will lay out ten different...more
In Part 1 of this two-part series, we addressed the high-level concerns that a new investor should consider in making an investment in a state legal cannabis company. In this follow up, we address some of the more nuanced...more
The legal cannabis industry has been developing for years, but it is still difficult even for sophisticated investors to know where to start when thinking about investing in the cannabis industry. Stocks of publicly traded...more
IN THIS ISSUE - Eleventh Circuit Overturns Dismissal of Cryptocurrency Ponzi Scheme Class Action Suit; Federal Court of Appeals Dismisses Leading Fannie Mae and Freddie Mac Shareholder Lawsuits; NY Seeks Blockchain...more
Delaware Chancery Court Dismisses Derivative Claim for Failure to Show Demand Futility; Federal Illegality of Marijuana Industry Bars Relief for Numerous Investor Claims; LIBOR Convictions of Former Deutsche Bank Traders...more
Delaware Federal Court Dismisses Shareholder Derivative Suit Concerning Lack of Board Diversity; California Federal Court Dismisses Shareholder Class Action Against Sorrento Therapeutics Regarding COVID-19 Treatment; Delaware...more
Welcome back to the “Spotlight”! After taking a week long hiatus for Thanksgiving, I feel like a modern day Rip Van Winkle awaking from a tryptophan-induced coma to find myself in a world in which “All I Want for Christmas”...more
The approval timeframe in Oregon’s cannabis licensing process was historically very long and the amount of documentation and disclosures required burdensome. Thankfully, over the past year, the Oregon Liquor and Cannabis...more