Duane Morris Cannabis Industry Group Ranked in The Legal 500

Duane Morris’ Cannabis Industry Group has been ranked in The Legal 500 US 2021 guide.

An excerpt from the publication:

Acting for central and ancillary cannabis industry clients, Duane Morris LLP stands out for its broad practice in the area, with regular activity in matters ranging from financings, M&A and joint ventures, to litigation, tax and regulatory issues. Publicly-traded companies, private funds, family offices and high-net worth individuals are among the team’s core clients.

Seth A. Goldberg is named a “Leading Lawyer” in the area.

Additional Key Attorneys Named: Nanette C. HeideMichael D. Schwamm; David E. Landau

Testimonials

        • “My key contact is Michael Schwamm. His team is excellent and very knowledgeable regarding cannabis matters.”
        • “Michael Schwamm is a leader in the group and provides excellent and prompt advice.”

For more information, please visit the firm website.

Is Chapter 15 Available to a Cannabis MSO? In the Face of Uncertainty, Tread Lightly

Duane Morris partner Jarret P. Hitchings authored the INSOL World journal article, “Is Chapter 15 Available to a Cannabis MSO? In the Face of Uncertainty, Tread Lightly.”

On 31 March 2021, the State of New York legalized the use, possession, and growth of cannabis by adults. Within the United States, cannabis is now legal in 16 states including Washington D.C., with legalization taking effect in two more states, Virginia and New Mexico, later this year. This state-level trend toward legalization in the United States continues even though cannabis remains illegal at the federal level. However, in Canada, cannabis has been legal at both the federal and provincial levels since 2018.

To read the full article, please visit the Duane Morris website.

Pennsylvania’s Cannabis Market: What Investors And Entrepreneurs Need To Know

Duane Morris partner Seth Goldberg was quoted in an article on Benzinga:

Seth Goldberg, a partner and team leader at Philadelphia-based law firm Duane Morris‘ cannabis department, said PA’s program has remained stable during its three years of operation. He added that the state’s marijuana department has “worked out the administrative program kinks” to create a smooth-running program.

Goldberg highlighted achievements, including over 400,000 registered MMJ patients and soaring tax revenue, both of which help boost public support for the program.</blockquote?

To read the full text of the article, please visit the Benzinga website.

Confirmation of New York Cannabis Regulator Appointments Delayed

By Michael Schwamm

The Cuomo administration and New York lawmakers will delay the  confirmation of cannabis regulator appointments until a special session after the June primary, POLITICO’s Anna Gronewold and David Giambusso report. The nominees remain a mystery as the widely expected pick to lead the new Office of Cannabis Management, Cuomo’s cannabis czar Norman Birenbaum, apparently has fallen out of favor amid pushback from some advocates and lawmakers.

 

Cannabis Talks with Arcview Group

On June 8, Duane Morris partners Michael Schwamm and Tracy Gallegos joined The Arcview Group as part of its monthly Cannabis Talks Instagram Live Series. Join Michael and Tracy  on the second Tuesday of every month at 2:30 p.m. Pacific/5:30 p.m. Eastern for a discussion on cannabis industry issues.

To view replays, visit Duane Morris’ Instagram or website.

Duane Morris Cannabis Industry Group and Attorneys Recognized

Duane Morris’ Cannabis Industry Group is honored to once again be recognized with the elite law firms and attorneys in the cannabis industry.

Cannabis Industry Group and Attorneys Nationally Recognized by Chambers USA

Chambers 2021 logoDuane Morris’ Cannabis Industry Group and team leads Seth Goldberg and Tracy Gallegos received national rankings in the Cannabis Law –
Nationwide area.

Chambers Review
What the team is known for: Utilizes cannabis expertise on a nationwide basis and across a broad spectrum of practice areas, with practitioners specializing in IP, corporate transactions and regulatory advice within the sector. Offers expanded capabilities in the wake of the 2018 Farm Bill for clients trading in hemp and hemp-derived CBD products. Also boasts litigators able to handle contentious issues for producers and distributors across the industry.

Strengths: Clients describe Duane Morris as “a very well-regarded and respected firm in this space.” One client acknowledges its “deep bench with a lot of talent and experience in the cannabis industry.” Another adds: “The team as a whole is exceptionally knowledgeable. Its strengths include responsiveness and the ability to collaborate.”

Work highlights: Represented Glass House Group in its acquisition of Los Angeles-based cannabis concentrates manufacturer F/ELD Taste Matters.

Notable practitioners: Seth Goldberg boasts high-level experience advising cannabis businesses throughout their life cycle. “He’s a top-notch lawyer who really knows his stuff.” “He’s consistently responsive and knowledgeable.

Tracy Gallegos has extensive experience in the cannabis sector. Her practice covers regulatory issues, including licensing, in addition to corporate structuring and transactions.

Seth Goldberg Named a Law Firm Innovator by The Legal Intelligencer

Seth Goldberg, partner and team lead of the Cannabis Industry Group, has been named a Law Firm Innovator in The Legal Intelligencer’s 2021 Professional Excellence Awards. The award honors lawyers “who push the envelope to build their businesses [and] think outside the box and have demonstrated an ability to distinguish their brands in a crowded market.”

Webinar: Big Money Meets Big Government: Greenlighting Mergers as State and Federal Regulators Step Up Scrutiny

Duane Morris is hosting the webinar, “Big Money Meets Big Government: Greenlighting Mergers as State and Federal Regulators Step Up Scrutiny,” on June 15, 2021, from 12:30 p.m. to 1:30 p.m. Eastern.

Join Duane Morris’ Brian Pandya, former Deputy Associate Attorney General, who will discuss the M&A landscape and other regulatory enforcement challenges and opportunities; American Trade Association for Cannabis and Hemp (ATACH) co-founder Michael Bronstein; and Paul Josephson, former chief counsel to the New Jersey governor and director of the NJ Division of Law and advisor to trade associations and several leading MSOs, for a discussion on how acting and new government personnel affect the policies, landscape and issues related to the big deals that are currently in process.

For more information and to register, visit the event website.

Cannabis Products Liability/Consumer Fraud Litigation and CBD Regulation

Seth Goldberg
Seth A. Goldberg

Yesterday, a California court federal court judge did not follow other federal courts in staying a consumer class action brought on behalf of CBD product consumers on the basis of the FDA’s primary jurisdiction over the regulation of CBD products.  The Court in Rodriguez v. Just Brands USA Inc. et al., 2:20-cv-04829, C.D. Cal., determined that claims that CBD product maker Just Brands’ labeling did not accurately state the amount of CBD in its products could give rise to state law claims for breach of warranty  and fraud that should not be stayed because, according to the Court, the FDA’s forthcoming regulations would not alter the expectation that CBD product manufacturers would accurately convey the amount of CBD in their products.  

The decision in Rodriguez should be on the radar of the entire cannabis industry, as it demonstrates how products liability and consumer class action lawsuits may be brought under state statutory and common law to seek damages for improperly labeled cannabis products.  Cannabis – hemp and marijuana – product manufacturers should be sure to build into their internal compliance safeguards against such claims.  

Relatedly, on the radar for hemp-derived CBD is legislation proposing to categorize CBD as a dietary supplement under the FDA’s regulatory regime for drugs, dietary supplements and foods and beverages under the Food, Drugs and Cosmetic Acts. That bill will be introduced today by Sens. Ron Wyden (D-Ore.), Rand Paul (R-Ky.), and Jeff Merkley.