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Emerge Attorneys Named on the Top 200 Global Psychedelic Lawyers and Policy & Regulatory Experts List

We are excited to share that two of our team members have been included in the Top 200 Global Psychedelic Lawyers and Policy & Regulatory Experts List by the Cannabis Law Report! Dave Kopilak and Sean Clancy are both shareholders at Emerge and have been driving forces in the psychedelics space.

Dave was the primary drafter of Oregon’s Psilocybin Services Act (“Measure 109”) which was approved by Oregon voters on November 3, 2020.  Dave was also an advisor to the Oregon Health Authority regarding IRC 280E and tax issues facing psilocybin businesses under Measure 109. As a seasoned corporate business attorney, he brings sharp insight and decades of legal experience to the numerous challenges that Oregon-licensed psilocybin businesses face.

Sean was also part of the small team of Emerge Law Group attorneys that researched and drafted Measure 109.  In September 2022, he served on an Oregon Health Authority Rules Advisory Committee, providing recommendations about the rules that will govern the Measure 109 program.  As a general business attorney who also specializes in intellectual property, Sean represents psychedelic clients on both routine and complex matters including high value brands and technology, plus all variety of contracts and strategic relationships.

As a full-service business law firm that has specialized in the cannabis space for many years, while also serving a variety of conventional industries, Emerge Law Group is familiar with the unique and complex issues that businesses and individuals face in an emerging and highly regulated industry. Emerge Law Group currently assists a variety of clients in connection with Oregon’s psilocybin law and the legal psychedelics space.

Learn more about our Psychedelics Practice Group here, and be sure to subscribe to our specially curated bi-weekly psychedelic news report, PsychedeLinks.

Join us in celebrating Dave & Sean!

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Emerge Law Group Announces New Shareholders

Emerge Law Group is pleased to announce that Jay Purcell and Duncan Delano have been promoted to shareholders at the firm, effective January 1, 2023.

Since Jay joined Emerge in March 2022, he has worked on transactions involving cannabis companies in Watsonville, Santa Cruz, Sacramento, Shingle Springs, Goleta, Cathedral City, Palm Springs and San Rafael; including a California drone company with European operations, a New York digital agency’s acquisition of a Brazilian target’s assets, an Oregon/Canada hemp company, a California social media startup, a Los Angeles digital agency focused on queer audiences and a Virginia/California solar energy startup. He works on financings, mergers/acquisitions and day-to-day corporate work.

Jay was a College Scholar at Cornell University’s College of Arts & Sciences, triple-majoring in Government, History, and Philosophy. He stayed at Cornell for a masters in Africana Studies, during which he was a Visiting Scholar at the University of KwaZulu-Natal in Durban. After graduating from Berkeley Law in 2011, his career began in Silicon Valley at Wilson Sonsini Goodrich & Rosati. At WSGR, he worked with small and growing tech companies as they negotiated investments, executive hiring/separation, equity incentives and exits. Jay also worked with the venture funds, angels, family offices, and banks who made and monitored investments in these companies. In 2016, Jay began focusing on cannabis businesses, first in Santa Rosa and San Francisco, and beginning in 2018, in Los Angeles and Southern California. He has worked with companies operating throughout California, including Humboldt, Sonoma, Napa, San Francisco, Alameda, Santa Cruz, Los Angeles, Riverside and San Bernadino counties. These companies include the entire range of licensees: nursery, cultivation, manufacturing, distribution, testing, storefront retail, and non-storefront retail. Jay has worked on both sides of social equity companies in San Francisco, Oakland, and Los Angeles.

Jay was elected to the Board of Directors of the Berkeley Law Alumni Association in 2014, serving as a Board Officer since 2018. For several years, he led or co-led its Outreach Committee, responsible for linking underrepresented admits to alumni mentors during the admissions process.

Duncan joined Emerge in August 2021, leading Emerge’s expansion to New Jersey and New York.  Over the past year and a half, Duncan has grown Emerge’s east coast business into a vibrant, full-service practice servicing cannabis applicants, investors, landlords, and others in the newly regulated cannabis markets.  Duncan helps cannabis businesses of all types apply for and obtain state and local licenses throughout New Jersey and New York.  This includes locating and financing their operations, and finding success in a highly regulated and rapidly changing industry.

Duncan’s practice also focuses on commercial real estate and general corporate law, representing entrepreneurs, lenders, borrowers, developers, funds and commercial landlords and tenants in a variety of business and commercial real estate transactions, including mortgage and mezzanine financing and syndications, joint ventures, commercial leasing, and acquisitions and dispositions of real property and debt.

Duncan has a long record of pro bono service, working with immigrants seeking asylum and reuniting mothers and children separated at the border, successfully petitioning the President to commute the sentence of a non-violent drug offender, and expunging the records of those convicted of marijuana crimes.  Duncan serves on the New York City Bar Association’s Drugs and the Law Committee and on the committee’s Psychedelic Subcommittee.  The Committee recently organized a free seminar series in conjunction with the City Bar Justice Center to educate aspiring New York cannabis entrepreneurs on a variety of pertinent legal startup topics.

Prior to joining Emerge, Duncan worked for seven years at two AM Law 100 firms in New York City, Schulte Roth & Zabel LLP and Haynes and Boone, LLP, in their commercial real estate groups after spending the first three years of his career in Portland, Oregon in a general corporate practice.  Duncan graduated magna cum laude from Lewis & Clark Law School in 2010 with a Certificate in Environmental and Natural Resources Law.

Join us in celebrating our newest shareholders! Congratulations Jay & Duncan!

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The CannaBeat Podcast –  Copernican Solutions for Hemp & Cannabis

The CannaBeat Podcast – Copernican Solutions for Hemp & Cannabis

Six years after Proposition 64, cannabis consultant Joanna Cedar explains why cannabis “legalization” caused most Sonoma County cultivators to exit the industry.

In her analysis, Sonoma County’s ordinance is the worst offender, because it prohibited commercial cultivation on parcels smaller than 2 acres. With that decision, Sonoma County eliminated the cottage license-type before anyone had a chance to apply. Prop. 64 isn’t blameless, of course, but nothing hurt Sonoma’s cultivators like that ordinance: at one point, as many as 5,000 parcels were used for growing cannabis. Over ninety percent (90%) are now out of the regulated market, because they shuttered or because they’re selling exclusively to the illicit market.

But on parcels large and small, through California, hemp cultivation persists. And there’s a nationwide market for hemp. Someone can drive a tractor trailer filled with hemp from California to Florida, as easily as onions. Hemp is underregulated, however, with no or minimal age-gating, testing and labeling standards.

Joanna Cedar’s “Copernican solution” to the mis-regulation of cannabis and hemp is to unite the two under one regulatory scheme. In truth, they are united in nature (they’re two names for the same plant), but our mis-regulation of the plant has become baroque.

List to the CannaBeat Podcast Here:

 

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CannaBeat Podcast: Increasing Access to California Cannabis

It’s estimated that 75% of cannabis transactions in California occur outside the regulated market. Dwell on that for a moment: Most cannabis transactions in California fall outside the regulated market. We use euphemisms to describe this: illicit, illegal, grey market, unregulated, legacy. Proposition 64, which created a regulated California cannabis market, passed in 2016, and now, almost 6 years later, three in four cannabis sales avoid the system Proposition 64 created. 

Why? Most jurisdictions ban the system that Prop. 64 created. Even though Prop. 64 passed, two-thirds of California cities prohibit what Prop.64 created: cannabis manufacture, distribution, retail, cultivation, and testing.  

For most California cities, the cannabis business is “illegal-only.” Too often, we focus on the people in the illicit/illegal/grey market, the “outlaws.” Let’s instead focus on the structures blocking the legal market: the cities responsible for blocking legal cannabis. Local governments blocking Prop. 64 are responsible for illegal-only zones. This “illegal-only” language may be provocative; cities will retort, “We don’t require illegal-only. We simply decline to authorize legal cannabis businesses.” Fair enough.  

One such city is Los Gatos, near San Jose. Los Gatos provides a good case study on “illegal-only” cities because its town council studied residents’ views and the impacts of cannabis normalization (read more here).  In the year after Prop. 64 was approved 57% to 43% statewide, and 62% to 38% in Los Gatos, the City passed an ordinance prohibiting commercial cannabis. In other words, Los Gatos residents voted in favor of legal, regulated adult-use cannabis, but the Town Council removed the blocked it. Four years later, in 2020, the Town Council affirmed this ban, but began further study. In January 2022, Los Gatos hired consultants to provide additional analysis and community engagement. Six years after Prop. 64, a majority of Los Gatos residents (58%) again supported commercial cannabis in their city. But, in June 2022, the Town Council affirmed the 2017 ban for a second time. Why?  

Some Los Gatos residents told the Council that cannabis businesses would harm the town’s image, would not provide significant tax revenue, and would create intolerable risks for users and children (cannabis is a “destructive addictive drug that can ruin lives and destroys developing brains;” “every addicted drug user, which causes homelessness, started their addiction with cannabis. It is a gateway drug;” “allowing storefront marijuana dispensaries in Los Gatos completely negates  efforts that our town has upheld for [good, well supported schools]”). Cannabis opponents also point to neighboring jurisdictions who have also outlawed regulated cannabis businesses, such as Cupertino, Saratoga, and Campbell.  Residents support lifting the ban for predictable reasons: “Adding tax revenue, providing safe access and eliminating the [illegal] market by allowing legitimate businesses seems like an obvious choice.”  But the minority opinion seems to hold more sway with the Town Council. 

Los Gatos isn’t any worse than most places in California – most jurisdictions continue to ban the legal cannabis market. Senate Bill 1186 aims to eliminate cannabis deserts, beginning with the delivery of medicinal cannabis products. Written by Senator Scott Wiener and co-sponsored by Assemblyperson Ash Kalra (whose district abuts Los Gatos), SB 1186 blocks prohibitions of medicinal cannabis delivery. In other words, after SB 1186, Los Gatos may not prohibit delivery of medicinal cannabis. Residents of Los Gatos can order medicinal products for delivery, beginning January 1, 2024.  

Prop. 64’s authors (and most of us in California) assumed the adult-use market would swallow the old medicinal sector. But medicinal products continue to exist, despite bans of (adult-use and medicinal) cannabis businesses. SB 1186 means that, in about 14 months, licensed delivery companies can bring medicinal cannabis anywhere in the Golden State. SB 1186 became law on September 18. Check out the podcast with Senator Wiener about 1186 and what’s next.. 

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The Craft Beverage Industry Expands into to the Cannabis Space and Vice Versa

Author: Jake Cormier

As the markets for legal cannabis continue to expand nationwide, companies continue to develop new products to attract new customers in different commercial markets.  Long gone are the days when smoking cannabis was the only way to receive its benefits and options for consumption now include vaping and eating tasty sweets or gourmet foods.  And now the 30+ year-old craft beverage industry is crossing over with the cannabis space.

Beverage companies large and small are betting on continued growth in legal cannabis markets and also betting that the beverage consumer may look to replace (or at least compliment) alcohol consumption with THC and other cannabis-derived substances.  Large beverage companies such as Pabst and Constellation have developed non-alcoholic “beers” and replaced the alcohol with intoxicating cannabis extract.  Likewise, smaller THC-centric brewed beverage companies are also in start-up and growth mode.  New cannabis-derived beverage products range from dealcoholized beer and wine that contain THC, to craft beverages that use terpenes (flavorful botanical compounds found in cannabis and other plants) to flavor alcoholic drinks, to cannabis-infused seltzers flavored like tequila or gin.

So, some beverages taste like alcoholic drinks, but contain only THC and others contain alcohol, but include flavors associated with cannabis.  Notably, none of these beverages contain alcohol and THC due to the regulatory prohibition against mixing the two.  Producing such products can require navigating complex malt or cereal beverage-related regulations and cannabis regulations. Further issues include questions on how the body handles THC in drink form, how beverage manufacturers are formulating THC levels and dosing, and how the consumer will control consumption.  In other words, innovation in alcoholic and cannabis-infused beverages present exciting new consumption options, but also new risks and challenges.

Emerge has several craft beverage and cannabis regulatory attorneys eager to help clients bring new creative products to market in safe and compliant ways.

Don't Miss our Craft Beverage Industry Group (C-BIG) Fall Social Event at Oakshire Beer Hall on October 18th!
Join us and our network of craft beverage business owners, industry advisors and professionals, for a fall social at Oakshire Beer Hall in northeast Portland!
Click here for event details.
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The CannaBeat Podcast – Commercial Lending to Cannabis Businesses

The CannaBeat Podcast – Commercial Lending to Cannabis Businesses Is Alive w/ Robert Goebel of North Bay Credit Union 

North Bay Credit Union was a pioneer in providing commercial banking services to California cannabis companies. According to, NBCU’s Robert Goebel, the reason is simple: “We were formed as Sonoma Grains Credit Union[.] We were formed to help farms and agriculture and to us, cannabis is another crop.” NBCU’s banking platform for cannabis companies is called Higher Growth. Recently, NBCU launched a commercial lending program for cannabis companies.  

For years the absence of commercial lending has hurt cannabis businesses and hindered expansion. When companies could find loans, high interest rates and fees often burned through the principal. Cannabis companies commonly pay 30 or even 40 percent interest. The lack of commercial banking and lending equates to a heavy tax on these businesses.  

To date no consistent or reliable alternative financial system exists to alleviate the lending issue. But that’s not a barrier for NBCU, which is now lending to state-legal cannabis companies in Washington, Oregon and California. On this episode of The CannaBeat Podcast, Robert Goebel, NBCU’s Chief Lending Officer explains why NCBU is opening this line of business (even in the absence of a federal or state legislative solution); what borrowers can expect; and, how he sees the program expanding in the future.  

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The CannaBeat Podcast – Lucas Seymour ~ Old Kai Distribution

The CannaBeat Podcast – Lucas Seymour of Old Kai Distribution 

Before Proposition 64 created the commercial adult-use cannabis industry in California, Lucas Seymour co-founded Old Kai Distribution in Ukiah, California. Old Kai’s wanted to be “squeaky clean” and prove to cultivators in Mendocino, Trinity, and Sonoma Counties that it was time to come out of the shadows. The company planned expansion to Southern California, aiming to link Northern California’s world-renowned cannabis cultivators with Southern California’s massive retail opportunities. But, the company quickly hit several headwinds: regulations in Southern California were unique to each jurisdiction; some local regulations conflicted with state regulations (e.g., the drive-time between distribution hubs). Cities that were great targets for distribution (like Long Beach) wanted high distribution taxes, all but eliminating profitability. And, most importantly, licensing timelines were extremely long, and required an applicant to hold a leased space for the entire approval process requiring applicants to, pay commercial rent indefinitely, without any idea of when they could actually start making sales.  

Meanwhile, conditions in Ukiah were no better.  Incongruity between state and local regulations cost Old Kai over a million dollars when the Mendocino County Sheriff Department seized 1,800 lbs. of inventory in late 2017 (despite Old Kai holding state and local distribution licenses). The cannabis was never recovered.  After this “we were dead in the water,” Seymour reports.  Learn more on The CannaBeat Podcast and read more about Old Kai in these news stories: 

North Bay Business Journal 12/27/17 

Associated Press 12/27/17 

SF Gate 12/29/17 

Willits News 1/4/18 

Press Democrat 1/20/18 

Mendo Public Radio 3/5/18 

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The CannaBeat Podcast on Spotify (free)

The CannaBeat Podcast on Anchor (free)

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Introducing the “CannaBeat Podcast”

Introducing The CannaBeat Podcast

We’re approaching two anniversaries: the 6-year anniversary of Proposition 64, the California voter initiative that legalized both for profit and adult use cannabis; and, the 26-year anniversary of Proposition 215, the ballot measure decriminalizing medicinal cannabis. It’s time to explore past, present and future of California cannabis. Regulatory lawyer Delia Rojas and business attorney Jay Purcell are excited to announce a new series, the CannaBeat Podcast. The podcast will include conversations with legacy operators, entrepreneurs, community group leaders, legislators, local and state regulators, reformers and the people shaping the California cannabis landscape.

The CannaBeat Podcast kicks off with a quick history of the twenty-years separating Prop. 215 and Prop. 64, a two-decade period of grey markets and instability. Next, in Episode 2, we talk with longtime Sonoma and Mendocino County cultivator and consultant, Josh Abrams, about how Prop. 64 affected his grow, and other cannabis businesses in the region. Josh wasn’t alone in voting against Prop. 64, a decision he does not regret.

The CannaBeat Podcast seeks insight into the varied experiences with the California cannabis industry, including both “winners” and “losers” in the market; those working for expansion and against expansion; small companies with long histories and large companies with no history at all; and, the people charged with regulating the heterogenous industry. By discussing what’s working and what’s failing for the people running California’s cannabis economy, readers and listeners will better appreciate the conflicting outcomes of Prop. 64 and what’s ahead for the Golden State.

Join Delia and Jay for their informative and entertaining discussions on the CannaBeat. If there’s a compelling California cannabis story or person you think needs attention, let us know: cannabeats@emergelawgroup.com

The CannaBeat Podcast on Spotify (free)

The CannaBeat Podcast on Anchor (free)

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FRANCHISE LAW

Franchisors

Franchise law is a heavily regulated area of law.  We help clients expand their businesses through franchising and other distribution methods. We have experience in many industries including, restaurants, health, and beauty, alcohol, and cannabis among others. Our representative services include the following:

Franchisees

We also help potential franchisees interested in buying a franchise. We are able to assist with evaluation of franchise opportunities with respect to:

Alternative Structures

However, not all businesses are suited to franchise. We are also experienced with helping clients structure alternative distribution methods to prevent classification as a franchise.

MERGERS AND ACQUISITIONS

Our M&A attorneys are highly experienced in counseling clients who are considering acquisitions or exit strategies.  We have many years of experience handling deals of various types and sizes, ranging from sales of small closely-held business, private companies, and publicly-traded corporations.  We have represented business owners, private equity firms and investment banks in a wide range of industries. 

We have a deep business bench, and Emerge attorneys have handled transactions of all shapes and sizes.  Whether your deal is valued at $100,000 or $100,000,000, our experienced attorneys will guide you through the deal process.

We understand the intensity, technical skill and judgment needed to get deals done, and we provide our clients with timely, practical and cost-effective legal advice.  We are highly capable in all aspects of M&A, including the following:

CANNABIS INDUSTRY

Emerge Law Group is highly experienced in the cannabis industry.  We have helped many clients obtain state licenses and local permits to operate cannabis businesses throughout California, Oregon, and Washington.

Emerge attorneys were instrumental in the drafting and passage of Oregon Measure 91, legalizing marijuana in the State of Oregon, and have represented cannabis businesses well before many law firms were willing to enter the cannabis industry. As a firm that has provided legal services in the cannabis space for many years, we are familiar with the unique and complex issues businesses and individuals face in an emerging and highly regulated industry.

We regularly help clients with:

Cannabis laws and rules are also regularly changing.  Members of our team are dedicated to attending legislative hearings, state agency and local city and county meetings to stay up-to-date on any new changes and how to adjust to any new changes.

See our Cannabis Industry page for more information.

PSYCHEDELICS

There is tremendous excitement about the potential for psychedelic drugs to benefit a wide variety of populations, including terminally ill patients suffering with anxiety and depression. Until recently, psychedelic substances have been accessible only in the illicit market and are illegal under federal and state to manufacture, distribute, or possess. These substances have, since 1970, been treated as having no legitimate medical use, and no commercial application. As such, no one invested in this area or required legal services, outside of the criminal context.

Today, researchers in a multitude of clinical studies are proving the medical safety and efficacy of these medicines, with the objective of changing the treatment of these substances under the Controlled Substances Act. Companies are now actively raising money to develop intellectual property and seize market opportunities associated with psychedelic drugs.

In addition, advocates at the state and local levels are not waiting for the rescheduling of these substances and are active in undertaking efforts to decriminalize these substances and/or make them affirmatively legal under state and/or municipal law. Decriminalization already has occurred in cities including Denver, Oakland, Santa Cruz, and Ann Arbor. Oregon is poised to be the first state to make psilocybin therapy affirmatively legal. Emerge Law Group is working with a wide array of clients pushing forward in this emerging area.

See our Psychedelics Practice Group page for more information.

TAXATION

CORPORATE AND PARTNERSHIP TAX

Businesses of all kinds benefit from a customized but systematic approach to structuring legal relationships. Emerge Law Group helps businesses and business owners with a variety of tax planning matters.

Representative client services include:

ESTATE PLANNING

Estate planning encompasses everything from a will and power of attorney to combined estate and business succession planning. In almost all cases, the purpose of the plan is to help the client protect those they care about most in the event they can no longer be there for them.

Emerge Law Group has experience with a wide range of tools used in estate planning, including wills, trusts, and family business entity planning.

TAX CONTROVERSIES

Emerge Law Group can assist with the resolution of difficult tax controversies. Our areas of emphasis and experience include:

REAL ESTATE TRANSACTIONS

Emerge Law Group assists clients with a wide range of real estate transactional matters.  We regularly help clients with:

LAND USE

Emerge Law Group also assists clients with all aspects of local government land use and development processes, ranging from preliminary property analyses and building permit issues to complex land use reviews and hearings. Our attorneys are experienced in obtaining land use entitlements and development permits for a wide range of uses.

We regularly help clients with:

Above all, we understand the value of working with cities and counties to enhance communities while developing the land to its potential. We strive to create solutions to land use issues that serve to better our clients and the communities in which they live and work.

LITIGATION AND ALTERNATIVE DISPUTE RESOLUTION

The attorneys in Emerge Law Group’s Litigation and Alternative Dispute Resolution practice group litigate commercial, intellectual property, and public interest matters in state and federal courts, as well as private mediation and arbitration proceedings.  Our lawyers have represented national and regional financial institutions, major media, entertainment and technology companies, and other Fortune 500 companies in a broad array of high-stakes disputes.  Our team of litigators has handled leading cases that have shaped the law in cutting-edge business, technology, free speech, and public interest impact lawsuits in trial and the courts of appeal.

We have particular expertise in handling civil litigation and regulatory enforcement matters in the cannabis and psychedelic industries.  While many firms claim expertise in the these industries, few have our depth of experience successfully litigating contract, trademark, partnership, shareholder, land use, and real estate disputes in court and arbitration.  Even fewer firms have our level of experience handling writ of mandate proceedings against the government regulators.

Our litigators practice in California, Oregon, and Washington, but have appeared in state and federal courts nationwide.  Our knowledge of our clients’ businesses, goals and concerns, and our experience litigating at the highest levels, give us unique insight into possible outcomes and pitfalls as we continuously confront issues of new impression.

No matter what the industry, we pride ourselves in achieving our clients’ objectives through efficient and creative solutions primarily designed to avoid disputes in the first place—which is always the best litigation strategy.  Many times, our clients obtain excellent outcomes before or at the earliest stages of litigation because our adversaries quickly recognize the challenges they will face in litigating against us.  When litigation is unavoidable, however, we work hard to provide our clients with both cost-efficient and “big firm” quality representation.

 

INTELLECTUAL PROPERTY

Your intellectual property (or “IP”) strategy can harness your most valuable information and intangible assets including your name, your brand, your designs, your content, your services, and your products — what makes your business stand apart in a competitive world.  We can help you evaluate and build your IP portfolio, then secure it, monetize it, and protect it.

IP encompasses multiple areas of law and different types of information or material.

Our Intellectual Property practice focuses on:

TRADEMARK

Trademarks include names, signs, logos, designs, phrases, slogans, expressions, and sometimes even colors, sounds, or smells that identify or distinguish one business compared to others.  Trademark protection is fundamental in securing your “brand.”

COPYRIGHT

Copyright covers original works of creative authorship fixed in a tangible medium of expression.  This includes literary, dramatic, musical, and artistic works, such as poetry, novels, designs, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.  Depending upon the type of work, “moral rights” (such as the right of attribution) may be implicated as well.

TRADE SECRET

Trade secret laws can vary somewhat between states, but generally trade secrets cover information, including drawings, cost data, customer lists, formulas, recipes, patterns, compilations, programs, devices, methods, techniques or processes that derive economic value from not being generally known and are the subject of efforts that are “reasonable under the circumstances” to maintain secrecy.

PRIVACY

Depending upon where you live or operate, there is a special patchwork of laws and regulations that protect and regulate personal information.  If you are handling or giving out personal or potentially sensitive information, you may be implicating privacy laws.

PUBLICITY

Publicity rights address the commercial use of an individual’s face, name, image, or likeness.  These rights vary state-to-state.  Marilyn Monroe, for example, lived in multiple states which created complex questions about her publicity rights.

Our Intellectual Property services include:

FINANCIAL INSTITUTIONS

In states where new cannabis banking opportunities exist, Emerge Law Group has the proven expertise in creating canna-banking programs to efficiently capitalize on those opportunities. Our Banking Practice Group specializes in working with banks and credit unions to develop regulatory compliant programs and operational best practices. We also train banking staff to become experts in canna-banking so they can effective understand and manage the risk affiliated with canna-banking.

We regularly help clients with:

EMPLOYMENT LAW

At Emerge Law Group, we recognize that employees are the heart and soul of any successful business.  Our Employment Law Practice Group works with employers to help them effectively manage their workforce, navigate the complex web of federal, state and local employment laws and, if necessary, defend against claims before administrative agencies and in court.

We regularly help clients with:

CORPORATE FINANCE AND SECURITIES

Our corporate finance and securities lawyers are experienced attorneys who have practiced at large law firms, worked as in-house counsel for public companies and investment banks, and owned and operated start-up companies. We work with clients to help achieve their financing goals while safely navigating the highly technical securities law landscape. 

In addition to representing issuers, we also routinely represent institutional and individual investors, including in connection with fund formation and investments.

Our expertise includes:

We have a deep understanding of the financing options available to businesses, including simple unsecured loans, asset-backed financing, convertible debt, common and preferred equity, crowdfunding and various other structures.  We work closely with our clients to understand their business and financing needs, ensure they are prepared to approach investors and choose the right partners, structure and negotiate terms, navigate the due diligence process and successfully close the deal.

COMPLIANCE AND LICENSING

ALCOHOL AND BEVERAGE INDUSTRY

Emerge attorneys have represented businesses in the alcohol and beverage industry, including wineries, breweries, distilleries, restaurants, bars, movie theaters, golf courses, and gas stations.  We can help you vet new locations, acquire existing locations, and apply for the appropriate liquor license.  We also provide training to comply with applicable rules and regulations, prepare operating procedures, submit renewals, and keep clients protected in the event of any potential violations or administrative hearings.

CANNABIS INDUSTRY

Emerge Law Group is highly experienced in the cannabis industry.  We have helped many clients obtain state licenses and local permits to operate cannabis businesses throughout California, Oregon, and Washington.  We regularly help clients with:

Cannabis laws and rules are also regularly changing.  Members of our team are dedicated to attending legislative hearings, state agency and local city and county meetings to stay up-to-date on any new changes and how to adjust to any new changes.

See our Cannabis Industry page for more information.

PSYCHEDELICS INDUSTRY

Emerge Law Group is a leader in the psychedelics industry.  There is tremendous excitement about the potential for psychedelic drugs to benefit a wide variety of populations, including veterans struggling with PTSD and terminally ill patients suffering with anxiety and depression.  Until recently, psychedelic substances have been accessible only in the underground; they are illegal under state and federal law to manufacture, distribute, or possess.  These substances have, since 1970, been treated as having no legitimate medical use, and no commercial application.  As such, businesses have not invested in this area or required legal services, outside of the criminal context.

Today, psychedelics are proceeding toward legalization on multiple paths.  Researchers in a multitude of clinical studies are proving the medical safety and efficacy of these medicines, with the objective of changing the treatment of these substances under the federal Controlled Substances Act, opening legal access to them.  Private and public companies are now actively raising money to develop intellectual property and capitalize on the market opportunities associated with psychedelic drugs.  Opportunities to be early actors in this new arena are tremendous.

See our Psychedelics Practice Group page for more information.

BUSINESS AND CORPORATE

Our business transactions team is made up of highly experienced transactional attorneys who have practiced at large law and accounting firms, worked as in-house counsel for public companies and investment banks, and owned and operated start-up companies. We understand complex legal matters and provide high quality legal services in a cost-effective manner.  Our clients value our experience, knowledge and judgment.

ENTITY FORMATION

Our team routinely advises clients regarding:

CORPORATE GOVERNANCE

Emerge attorneys also advise on-going concerns with: