Practice Areas

Licensing and Regulatory

Licenses to cultivate, manufacture, distribute, or sell marijuana and hemp and hemp cannabinoids

Federal, state, and local risk assessments & strategies
Administrative action defense

Compliance guidance
FDA labeling guidance and marketing requirements.
State by state advertising and operating strategy for compliance with state law and local regulation

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Litigation

State and federal civil lawsuits, such as breach of contract, fraud/misrepresentation, partnership/shareholder disputes

Product liability and recall
Trademark and patent infringement
Employment claims
Mediation and alternative dispute resolution
Challenges to state regulatory programs

Appeals
Amicus Curiae briefs

Corporate

Corporate formation and structure
State residency requirement strategies

Comprehensive contracts
Partnership and operating agreements
Due diligence
Real estate

Intellectual Property

Trademark and patent enforcement
Licensing agreements
Trade secrets and proprietary information protection
Marketing and branding

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Insurance

Analysis to acquire appropriate insurance policies for marijuana, hemp and ancillary services businesses
Negotiation with Insurers over policy exclusions and endorsements
Risk distribution and shifting to optimize coverage
Negotiation and settlement of insurance claims
Disputes against insurers for denied, underpaid, and late claims

Employment

Employment issues related to cannabis legalization
Guidance in hiring and firing
Employee handbooks
Employment contracts, independent contractor agreements, consulting contracts, and professional services agreements
Employee training
Nondisclosure, nonsolicitation, and noncompete agreements
Negotiation of employment related disputes
Representation in employment related litigation
Discharge related settlements

Banking

Perform legal analysis
Advise regarding contracts, disclaimers and limitations of liabilities, and risk shifting provisions
Education regarding FinCEN guidance, anti-money laundering, RICO, Bank Secrecy Act, and Patriot Act compliance
Acquisition of banking services
Representation in litigation

Outside General Counsel

Long term relationship with in depth knowledge of your specific goals and challenges
Cost effective ongoing representation and availability
Daily business and operational consultation
Ongoing risk mitigation and preventative measures
Consistent and reliable contract and negotiation services
Connections with attorneys in other jurisdictions and specialties
On demand tailor made service at a monthly flat rate

Psychedelics

Research program compliance
Policy initiatives
Legislative advocacy
All manner of regulatory compliance and corporate representation

Criminal Law

Have you been arrested or detained?

Many people are not aware that a vape pen or an edible puts you into felony territory, and in much of Texas, you will be arrested and/or charged with felony, and if you have a quantity of it, including at a store, you will be charged with felony marijuana distribution.

I work closely with trusted criminal lawyers to assist in explaining the new hemp laws to prosecutors. Believe it or not, not everyone is on board!

I can help find you an attorney should you find yourself in such a situation.

Mediation & Arbitration

Mediation is a procedure in which the parties discuss their disputes with the assistance of a trained impartial third person who assists them in reaching a settlement. It may be an informal meeting among the parties or a scheduled settlement conference. The end goal is to settle the dispute out of court; without litigation
Certified mediator and arbitrator by University of Texas Center for Public Policy Dispute Resolution
Flexible and efficient conflict resolution 
Preparation for and representation in mediation
Perform mediations and arbitrations tailored to all varieties of commercial disputes between cannabis companies and individuals.
Unique combination of 25 years trial experience and 7 years of marijuana and hemp regulatory experience in 10+ states
Settlement recommendations
Lawsuit analysis