Sean Clancy
EDUCATION
Lewis & Clark Law School, Juris Doctor, cum laude, Cornelius Honor Society (2014)
University of Washington, Bachelor of Arts, cum laude with Department and College Honors (2008)
ADMISSIONS
Oregon
PRACTICE AREAS
Industries
Sean Clancy serves as business and intellectual property counsel for companies and individuals across innovative industries including state-licensed cannabis, psychedelics, entertainment media, design, consumer products, food, beverages, professional services, software, and technology.
As business and corporate counsel Sean negotiates, prepares legal documents, and advises on strategic relationships spanning from entity formation and ordinary business to complex transactions, commercial contracts, regulatory compliance, and disputes.
As an intellectual property specialist Sean advises high value brands and technology companies on state and federal trademark rights, copyrights, publicity, privacy, trade secrets, confidentiality and non-disclosure agreements (“NDAs”), and licensing agreements.
Sean was also part of the small team of Emerge Law Group attorneys that researched and drafted Oregon’s Psilocybin Services Act (“Measure 109”). In September 2022, he served on an Oregon Health Authority Rules Advisory Committee, providing recommendations about the impact of the first draft rules that will govern the Measure 109 program.
Before joining Emerge Law Group, Sean ran his own law firm while acting as outside counsel for a variety of large and small law firms, focusing on specialized business and IP issues. Before that, he worked at the entertainment and IP boutique firm, Day & Koch LLP. During law school Sean served on the Lewis & Clark Law Review. He also worked at the Small Business Legal Clinic, the Lewis & Clark Legal Clinic, and served as a judicial extern for Chief Judge Ann Aiken in the United States District Court of Oregon.
Speaking Engagements
“Oregon Psilocybin Services Updates,” Hopkins-Oxford Psychedelics Ethics (HOPE) Summit, Johns-Hopkins University, Washington DC (2024)
“The Oregon Consumer Privacy Act,” National Business Institute (NBI) (2024)
“Legal Affairs for Licensees,” Psilocybin Assisted Therapy Association (PATA) (2024)
“Legal Affairs Primer for Facilitators Under the Oregon Psilocybin Services Act,” Clinical Cognitive Facilitator Training (2024)
“Legal Affairs for Psilocybin Facilitators,” Changa Institute Facilitator Training Program (2023-24)
“The Oregon Model,” Hub at Oxford for Psychedelic Ethics (HOPE), University of Oxford, England (2023)
“Oregon’s Psilocybin Services Program Updates,” Oregon State Bar – Cannabis and Psychedelics Bar Section 2023 Conference, Cannon Beach, Oregon (2023)
“Intellectual Property, Data, and Privacy Issues Under the Oregon Psilocybin Services Act,” “Oregon Psilocybin Legal Crash Course,” PsyCon Psychedelic Convention, Portland (2023)
“Cannabis Law and Policy,” Guest Lecturer, Willamette Law School (2023)
“Psychedelic IP: Promoting innovation and ethically protecting IP in the psychedelics space,” Psychedelic Law Summit presented by Inside Practice and the Psychedelic Bar Association CLE (2022)
“Deep Dive Into the Oregon Psilocybin Services Act,” Emerge Law Group Webinars (2022)
“Marijuana Business Law in Oregon,” National Business Institute CLE (2022)
“Competitive Edges: Intellectual Property 101 for Cannabis Businesses and Brand Protection Basics,” Emerge Law Group Webinar (2022)
“Intellectual Property in Psychedelics & Oregon’s Psilocybin Services Act,” Oregon State Bar CLE (2021)
“Contract Basics,” Guest Lecturer, Portland State University (2021)
“Psilocybin Legalization Overview,” Oregon State Bar CLE (2020)
“Copyright 102 – Music Fair Use & Licensed Use,” Young Audiences of Oregon and Southwest Washington (2020)
“Copyright Simulation Lab – Practice Seminar,” Guest Lecturer, Lewis & Clark Law School (2018, 2019)
“Protecting Trademarks and Reviewing Advertising and Marketing Considerations for Marijuana Business Operations,” National Business Institute CLE (2019)
“Cannabis and Intellectual Property CLE,” Oregon State Bar (2019)
“Marijuana Industry Trademark and Branding Issues,” The Seminar Group CLE (2019)
“Competitive Edges: Intellectual Property Basics,” Oregon Entrepreneur’s Network (2019)
“Social Cannabis Consumption: Overcoming the Mythology,” Cannabis Collaborative Conference (2019)
“Intellectual Property Basics,” Oregon Small Business Fair (2018)
“Federal Responses to Oregon Marijuana Law,” National Business Institute CLE (2018)
“The Civil Side of Cannabis Law,” Panelist, University of Oregon Law School (2018)
“Contract Basics,” Regional Arts & Culture Council (RACC) (2018)
“Cannabis Branding,” Panelist, Cannabis Collaborative Conference (2018)
“How are marijuana businesses regulated in Oregon?” OSB tv Legal Q&A, Oregon State Bar (2018)
“Recreational Marijuana Business Law in Oregon,” National Business Institute CLE (2017)
“Legal Issues in Film,” Willamette Writers Conference (2017)
“The Business of Marijuana in Oregon,” The Seminar Group CLE (2017)
“The Legal Business of Pot,” Sterling Education Services CLE (2016)
“The Business of Marijuana in Oregon,” The Seminar Group CLE (2016)
“Copyright & Fair Use: Old Factors, New Facts, and New Challenges,” Oregon State Bar Intellectual Property Section CLE (2016)
“Advising Cannabusinesses in Oregon’s Newest Emerging Market,” Multnomah County Bar Association CLE (2015)
“The Federal Bar Association presents A Panel Discussion on Conflicts in Cannabis Law: Emerging and Future Challenges for State and Federal Practitioners,” Lewis & Clark Law School (2015)
“Legal Rights Clearances for Film: Fair Use, E&O, and Other Topics,” NW Documentary (2015)
“Trademarks in the Cannabis Industry,” Oregon State Bar Intellectual Property Section CLE (2015)
Activities and Awards
Awards
Lewis & Clark Law School Mentor Program, “Andrea Swanner Redding Outstanding Attorney Mentor of the Year” (2018)
Memberships
Oregon State Bar Intellectual Property Law Section, Member (2014-Present)
Executive Committee (2021-Present)
Oregon State Bar Business Law Section, Member
Oregon State Bar Cannabis and Psychedelics Law Section, Member
Oregon State Bar Technology Law Section, Member
Community Activities
Oregon Volunteer Lawyers for the Arts, Treasurer (2020-Present)
Board Member (2014-Present)
Lewis & Clark Small Business Legal Clinic, Volunteer Attorney (2014-Present)
Women in Film Portland, Board Member (2014-2016)
Press and Publications
Publications
The Hopkins-Oxford Psychedelics Ethics (HOPE) Working Group Consensus Statement, American Journal of Bioethics, co-author (2024)
Branded Bud or Generic Ganja? Trademarks for Marijuana in Washington, 18 Lewis & Clark Law Review 4 (2014)
News
December 10, 2021
Sean Clancy featured in Vol. 1, Issue 1 of Psychedelia Magazine
Once a Pioneer in Cannabis, Oregon Blazes a Trail in Psychedelics
March 29, 2017
Sean Clancy featured in The Portland Mercury, Ask a Pot Lawyer
It’s Never a Bad Idea to Be a Good Neighbor
March 15, 2017
Sean Clancy featured in The Portland Mercury, Ask a Pot Lawyer
Cannabis in California Is About to Be a Big Deal
February 1, 2017
Sean Clancy featured in The Portland Mercury, Ask a Pot Lawyer
No, You Still Can’t Smoke Weed in Public
December 2017
Sean Clancy featured in Oregon Leaf
Intellectual Property in the Age of Cannabis
September 7, 2016
Oregon Volunteer Lawyers for the Arts Blog
The Visual Artists Rights Act (VARA)
September 7, 2015
Oregon Volunteer Lawyers for the Arts Blog
Fine Art Consignments: What to know when selling ‘fine art’ in Oregon
July 6, 2015
Oregon Volunteer Lawyers for the Arts Blog
Copyright and ‘termination of transfer’ win for Victor Willis, the Cop from the Village People and co-writer of Y.M.C.A.
Sean’s Blogs & News
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Emerge Collaborates with Oregon Psilocybin Industry to Submit Comprehensive Public Comment to OHA on Rules
On October 21, in response to serious concerns about the Oregon Health Authority’s (OHA) proposed Oregon Psilocybin Services (OPS) rule…
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USPTO Increases Fees for Trademarks
The United States Patent and Trademark Office (USPTO) will be increasing fees for various trademark matters. The USPTO’s website provides…
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Emerge Law Group Announces 2024 Oregon Super Lawyer & Rising Stars
We are pleased to announce that three attorneys at Emerge Law Group have once again been recognized as Oregon Super…
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Business and Brand Identity: Trademark, Assumed Business Name, and Legal Corporate Name
When starting and operating a business, there are three distinct legal names that can shape a company’s identity: trademark, assumed…
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Deep Dive Webinar Series – Session 9: OHA Rules Update + More
Emerge Law Group presents the first 2024 installment of its FREE virtual event series “Deep Dive Into the Oregon Psilocybin…
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Navigating the Psychedelic Frontier: Emerge Law Group’s Comments on Oregon Health Authority’s Proposed Psilocybin Rule Changes (Part 2)
Part 2 of Emerge Law Group’s comments on OHA’s proposed psilocybin rule changes.
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Navigating the Psychedelic Frontier: Emerge Law Group’s Comments on Oregon Health Authority’s Proposed Psilocybin Rule Changes (Part 1)
As the world of psychedelics continues to evolve, so do the regulations governing their use. Recently, the Oregon Health Authority…
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Emerge Law Group Announces 2023 Oregon Super Lawyers & Rising Stars
We are pleased to announce that four attorneys at Emerge Law Group have once again been recognized as Oregon Super…
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PsychedeLinks – July 21, 2023
PsychedeLinks is a curated selection of top news stories impacting business, research, and culture in the psychedelics ecosystem, crafted by…
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Oregon Psilocybin – Should Potency Regulations Extend Beyond Psilocybin Analyte?
Psilocybin mushrooms contain both psilocin and psilocybin. Psilocin is the active compound that induces mind-altering effects. Psilocybin (“psilocybin analyte” under…
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Copyright Office Guidance Regarding Artificial Intelligence
Author: Sean Clancy*, Shareholder Understanding copyright law in the age of artificial intelligence can be complex and confusing. And it…
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Critical Terms for Intellectual Property License Agreements (Part 2)
Author: Sean Clancy An audit provision is a clause in an intellectual property license agreement that provides the right for…