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CannaBeat is a curated biweekly selection of top news stories impacting business, research, and culture in the cannabis industry, crafted by Emerge Law Group.

Emerge’s Hot Take

Finding Essential Oil Dispensers to be Illegal Drug Paraphernalia, Trademark Trial and Appeal Board (“TTAB”) Affirmed Refusal of Two Federal Trademark Applications

Last month, the TTAB published a precedential opinion affirming the United States Patent and Trademark Office’s (“USPTO”) rejection of two applications for the marks “BAKKED” in standard character form and a corresponding logo. The applications sought registration for an “essential oil dispenser, sold empty, for domestic use,” and were originally filed in 2016.

Despite the absence of any reference to cannabis in the applications, the USPTO refused to register the marks due to alleged violations of the Controlled Substances Act (“CSA”). For further details, refer to the opinion in the case of In re National Concessions Group, Inc. available HERE. This decision underscores the USPTO’s and TTAB’s heightened scrutiny of applications associated with cannabis businesses.

In this case, TTAB was unconvinced by applicant’s attempts to draw parallels between its oil dispenser, and razor blades or postage scales.  The TTAB found that, unlike with blades and scales, extensive evidence indicated that applicant’s identified products were primarily intended for use with schedule I drugs.  Evidence included applicant’s website and marketing of its “Bakked Dabaratus” all-in-one dabbing tool, advertised for “the perfect dose of cannabis extract.”

The TTAB also rejected applicant’s claim that the application qualified for a CSA exemption, citing the legality of cannabis under state law. The USPTO has consistently maintained that a mark must be in “lawful use” under federal law to qualify for registration. In its examination, the USPTO reviewed the company’s website and social media presence, determining the primary purpose of the products was for use with cannabis.

The USPTO further clarified that, although cannabis may be legal in certain states, federal trademark registration rights extend beyond state borders, and the products would be subject to interstate commerce regulations. The authorization of one state to legalize cannabis “cannot override the laws of the other states or federal law[…]”

Emerge’s intellectual property practice group chair, Sean Clancy, had this to say: “Although this decision is precedential, it mostly reiterates the same dated policies that USPTO has been following for years in this arena, similar to the ULTRA TRIMMER case. Brand owners can only get federal registration for federally lawful goods and services.  How they do that is heavily fact-dependent, and achievable with the right strategy but not easy.  If National Concessions Group’s marketing had not focused on cannabis, perhaps they might have enjoyed a different outcome.”  Indeed, in a footnote, TTAB noted that, “nothing in the record supports a finding that Applicant uses its marks on anything other than an apparatus used to dispense cannabis-based oils for vaping […]”

“As with everything else, cannabis businesses must exercise extra diligence and caution in developing and safeguarding their brands,” remarks trademark attorney Delia Rojas. Under the shadow of federal prohibition, brand protection remains challenging for cannabis businesses.  Careful trademark strategies should be evaluated on a case-by-case basis for each business.

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CannaBeat is a curated biweekly selection of top news stories impacting business, research, and culture in the cannabis industry, crafted by Emerge Law Group.

Emerge’s Hot Take

Regulators and Advocates Discuss Next Steps for Marijuana Interstate Commerce

It’s been almost 30 years since California legalized medical cannabis, and since then 40 states and the District of Columbia have some form of cannabis legalization (medical, recreational, or both). The Federal government continues to slowly work its way through which approach to take – full decriminalization versus legalization; and then in the meantime work on social equity and providing banking access. Certain states are making moves to prepare for the next step of the industry – interstate commerce. Each of the three West Coast states – California, Oregon, and Washington – have enacted legislation to allow for interstate commerce contingent on the U.S. government legalizing cannabis or allowing for such transactions without federal interference.

The restriction on the cannabis market to stay within state lines has been especially hard on the west coast states that are known for their cannabis and cannabis products. General Counsel for the Department of Cannabis Control in California said “that restricting marijuana markets within state lines is economically unattainable.” He further describes how the situation is analogous to other industries,

“If the Michigan auto industry could only sell cars to people in Michigan, or Florida orange growers could only sell oranges to people in Florida or if the California wine industry could only sell wine to California, I’m not sure that each of those would be a viable legal industry.”

It’s likely that the aforementioned products would not be known as absolute staples in their specific industry if restricted in such a way that most consumers didn’t have access to the specific products from that region. It could be argued that the Emerald Triangle is known as a place for top shelf artisanal cannabis because prior to legalization the product was able to reach a broader consumer market. The Federal government is dragging their feet on this issue but States are not waiting, and rather working to bring the industry in to the next phase, the next era of the legal cannabis market.

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CannaBeat is a curated biweekly selection of top news stories impacting business, research, and culture in the cannabis industry, crafted by Emerge Law Group.

Emerge’s Hot Take

The Complex Legal Landscape of the Cannabis Industry: Lessons from the Cookies Lawsuit

A $38 million lawsuit alleging kickbacks and sabotage at popular cannabis brand Cookies has been abruptly dropped by one of the litigants. In the original lawsuit, Paul Rock, CEO of Cookies Retail Products (CRP), claimed that Cookies executives had taken kickbacks from arrangements with third-party vendors and meddled in purchase orders, leading to significant delays and unsold cannabis products. However, in a recent statement, Rock said that he “voluntarily dismissed all suits” and that the original suit was brought only on the urging of an unidentified third party. He blamed the media for covering the issue and called the mischaracterization of the legal action “shameful and opportunistic.”

Rock’s lawsuit did not name Cookies’ co-founder and CEO, Gilbert Milam Jr., better known as Berner, who commands a significant social media presence and is one of the industry’s most powerful influencers. However, a separate litigation filed against Berner, Cookies President Parker Berling, and other executives by two current investors in the company, who claim to own about 10% of the business, is still pending.

Rich Howell, one of the attorneys at Rutan who filed the second suit on behalf of the investors, called Rock’s backpedaling a “complete reversal” but said that his clients’ legal action would continue. He noted that Rock’s claims were “verified and sworn to under penalty of perjury” and that the reversal had no bearing on their clients’ legal claims involving Cookies and its principals.

The abrupt dropping of the lawsuit is an unusual turn of events in the ongoing legal controversy surrounding Cookies. The case highlights the complex legal and business landscape of the cannabis industry, where disputes and legal actions can arise frequently due to the sector’s lack of federal regulation and compliance standards. It also underscores the need for due diligence and transparency in business dealings, especially in an industry that is still in its early stages of development and grappling with a host of challenges and uncertainties.

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CannaBeat is a curated biweekly selection of top news stories impacting business, research, and culture in the cannabis industry, crafted by Emerge Law Group.

Emerge’s Hot Take

California State Policy Update

California continues work on the regulatory structure of its cannabis industry.  Many of the proposed bills could help the industry grow by increasing opportunities and reducing regulatory burdens.  Below are a few bills that California is considering:

AB 374 – Consumption Lounges: This bill would permit local governments to allow the sale of non-cannabis foods and beverages (except alcohol) at consumption lounges. This would also allow lounges to sell tickets to concerts and other events.  As discussed in our previous CannaBeat post HERE, this could create exciting opportunities for dispensaries.

SB 508 – CEQA & Licensing Reform: This bill proposes to remove the duplicative CEQA requirements between the state and local governments.  This would streamline the application process and lessen the regulatory burden on operators.

AB 1111 – Cannabis Event Sales: This bill allows direct-to-consumer sales from small producers.  “Small producer” means less than one acre outdoors.  Indoors, “small producer” means 22,000 square feet of mixed-light tier 1 or 5,000 square feet of mixed light tier 2.  Under this bill, small producers with the proposed license could sell their products to consumers up to 32 days per year at certain temporary events. This would give small farmers a huge opportunity to work directly with consumers and capture those lifetime buyers.

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CannaBeat is a curated biweekly selection of top news stories impacting business, research, and culture in the cannabis industry, crafted by Emerge Law Group.

Emerge’s Hot Take

NBA Will Let Players Invest In Marijuana Industry And Promote Cannabis Brands Under New Union Deal, According to Report

In the new draft of the seven-year collective bargaining agreement (“CBA”), the National Basketball Association (NBA) is planning to remove cannabis from its banned substances list, and to let players promote and invest in cannabis companies. The CBA is also expected to officially remove mandatory drug testing requirements for cannabis and only subject players to tests if they show signs of problematic dependency. While the deal must still be ratified, it is expected to be approved. The move to cannabis acceptance has been a long time coming. Mandatory drug testing has been temporarily suspended for a couple years already, which demonstrates the leaders’ commitment to the overall movement. One aspect that separates it from other sports is allowing its players to promote and invest in the cannabis industry. As other sports have lowered the restrictions on use and testing, other leagues do not allow players to actively promote cannabis and related brands. This provides additional opportunities for NBA players and cannabis operators alike. At this point most of the notable sponsors for cannabis have been musicians by partnering with operators to create their own brands.

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CannaBeat is a curated biweekly selection of top news stories impacting business, research, and culture in the cannabis industry, crafted by Emerge Law Group.

Emerge’s Hot Take

With Cannabis Cultivator Cap Lifted, Growers Face New Jersey’s Challenges

After a short and fast 2-year state license cap, there is no longer any limit on the number of cultivation licenses in New Jersey. As the industry continues to expand, New Jersey cannabis operators face the same hurdles as operators in other states. First, and what seems to be a problem across many states, a majority of municipalities have “opted out” of permitting cannabis businesses. This fuels the next issue: real estate. With few jurisdictions permitting operators, there are very limited spaces to set up their operations and sell product. Lastly, one of the original and biggest hurdles: raising capital. Many investors have seen the roller coaster of the cannabis industry in other states and can be hesitant to invest in this new market. Unfortunately, it looks like deja vu. California, for example, faces very similar issues; a majority of jurisdictions have banned commercial activity, the market is limited, and capital is hard to come by. After 27 years since the first legalization of medical cannabis, operators are fighting harder than ever to stay afloat. Emerge shareholder Duncan Delano of New Jersey opines: “Challenges are inevitable. But I continue to be impressed by the tenacity and resourcefulness of our clients in New Jersey and New York, as their options open up. The industry here is developing at light speed.”

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CannaBeat is a curated biweekly selection of top news stories impacting business, research, and culture in the cannabis industry, crafted by Emerge Law Group.

Emerge’s Hot Take

Emerald Triangle Communities Were Built On Cannabis. Legalization Has Pushed Them To the Brink

Legalization in California seemed like a dream come true for the cannabis industry, home of the Emerald Triangle. Abide by the rules and regulations in exchange for the opportunity to have a legal business. Six years later, and the price of cannabis is unbelievably low, businesses are closing, and the illegal market is flourishing. According to coverage by HighTimes and Forbes, cannabis sales declined in 2022, and many believe it wasn’t because people were consuming less.

The Emerald Tringle seems to be hit the hardest as cannabis is a base for much the community’s economy. Farmers in Humboldt reported that even though they sold all their product, they come in at loss for the year. Farm closures reverberate throughout Trinity County. Local businesses that depended on the patronage of the famers and their employees are laying people off and cutting hours. Some have lost so much revenue that they may close. In Mendocino, it is estimated that nearly 70% of operators might not remain in the legal market.

Besides overregulation, two major culprits are said to be the roots of the larger issues within the industry: high taxes and lack of shelf space. In attempt to fix the first problem, the State eliminated the cultivation tax in July of 2022. As for shelf space, 56% (302/539) of California jurisdictions still do not allow any type of commercial cannabis operations. There are only about 1000 licensed dispensaries serving 40 million residents. Delia Rojas of Emerge Law Group says that “the power local jurisdictions hold is frustrating, especially when residents of communities where a majority voted in favor of prop 64 haven’t experienced the product of their vote. Fear still runs rampant in much of the state. Education and advocacy continue to be important to wipe away the stigma surrounding this plant.”

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CannaBeat is a curated biweekly selection of top news stories impacting business, research, and culture in the cannabis industry, crafted by Emerge Law Group.

Emerge’s Hot Take

Twitter Becomes First Social Media Platform To Allow Cannabis Ads In U.S.

On February 15, 2023, Twitter became the first major social media platform to remove their prohibition on the marketing and advertising of cannabis brands and products. Twitter’s announcement describes how they look to expand the opportunities for one of the most influential markets that utilizes its platform for the exchange of ideas, experiences, and overall business development. Naturally, the new opportunity comes with a list of rules and restrictions which can be found on their updated Cannabis Ad Policy. For example, the cannabis business must have the proper license, prohibit targeting anyone under 21, must not use characters, celebrities, or other icons appealing to minors, and can only target jurisdictions where they are legally allowed to operate. The most restrictive and slightly counter-intuitive rule states “advertisers may not promote or offer for sale of cannabis.” This could prove difficult to navigate but not impossible.

Even with these restrictions, Emerge Attorney Delia Rojas believes that “cannabis businesses will seize this opportunity while most other large social media competitors still flat out ban cannabis advertising and deactivate accounts.” It is unquestionable that social media plays a huge role in any businesses’ advertising plan. Forbes reported that some estimate 20 million tweets about cannabis topics were posted in the past year. With 37 states passing some form of cannabis regulatory structure, and more states looking to join the club in 2023, this is a long overdue and applauded step forward.

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CannaBeat is a curated biweekly selection of top new stories impacting business, research, and culture in the cannabis industry, crafted by Emerge Law Group.

Emerge’s Hot Take

North Bay Cannabis Operators Back California Bill to Allow Food and Music at Dispensaries

A bill has been introduced in California that would allow a retailer to offer a similar experience as a local venue or cafe (Assembly Bill 374). Retailers with approved consumption lounges could offer the sale of non-cannabis infused foods, non-alcoholic beverages, and tickets to live music. This would be comparable to general venues, providing the cannabis space with equal opportunity for tourism and potentially “nightlife.”  Furthermore, allowing for larger or more inclusive events would permit for further educational platforms and work to promote the industry in a positive way. There are other events such as music festivals that have included these types of platforms such as Outside Lands in San Francisco (see “Grass Lands”). This bill would allow smaller and similar events accessible to the local community.

Although the bill looks to expand opportunity, whether or not it will do so is unknown. As written, the proposed bill states that “a local jurisdiction may allow the retailer or microbusiness….” This would leave the decision up to the local governments which has proven difficult in California (56% of jurisdictions do not allow any type of commercial cannabis operations, as shown HERE). California Emerge attorney Delia Rojas commented: “Given the tough market, I could foresee certain jurisdictions being open to these types of consumption lounge models, but the bill will likely receive the same local government pushback as similar past bills.”

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CannaBeat is a curated biweekly selection of top new stories impacting business, research, and culture in the cannabis industry, crafted by Emerge Law Group.

Emerge’s Hot Take

FDA Concludes That Existing Regulatory Frameworks for Foods and Supplements Are Not Appropriate for Cannabidiol, Will Work With Congress On a New Way Forward

The US hemp industry has been waiting eight years – since the  2014 Farm Bill opened a window for legal hemp-derived cannabinoid products –to see how the Food and Drug Administration (“FDA”) plans to regulate consumable CBD products. Although the FDA has always insisted that consumable CBD products violate the Food, Drug & Cosmetic Act, they have largely only enforced against CBD manufacturers who make egregious medical claims about their products.  In 2019, after the 2018 Farm Bill formally legalized and regulated hemp, the FDA seemed to offer the industry an olive branch when it convened a working group to “explore potential pathways for dietary supplements and/or conventional foods containing CBD to be lawfully marketed.”

Nearly four years later, the FDA has thrown up its hands and punted to Congress.  On January 26, 2023, the FDA concluded that it will not pursue a legal pathway for these products, but instead look to Congress to set the initial regulatory structure through new legislation. In the meantime, the FDA has emphasized that it will continue to take action against CBD manufacturers “when appropriate.”

The CBD industry now must depend on a divided and dysfunctional Congress to learn its fate, and will continue to occupy a dubious legal landscape, as it has for eight years, and four years since CBD was “legalized,” unless and until Congress acts.

“This decision is a double-edged sword,” according to Emerge Law Group’s Alex Berger, “on one hand, consumable CBD products remain federally illegal, with no pathway to legality.  On the other, FDA has not taken serious enforcement actions against conscientious manufacturers who avoid making unapproved and unfounded medical claims.  Nor do they have the resources to do so, given the ubiquity of CBD out there.  If FDA had made new regulations requiring everyone go through a complex and expensive approval process, it could have left the industry worse off.”

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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: