Posts Tagged:Welcome to Emerge

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Emerge is pleased to welcome Jay Purcell, an experienced business attorney, bringing a wealth of experience and knowledge to the firm’s clients operating in California.  After graduating from Berkeley Law in 2011, Jay began his career 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 transitioned to a practice focused on cannabis businesses, first in Santa Rosa and San Francisco, and beginning in 2018, in Los Angeles and Southern California. In the past six (6) years, he has worked with companies operating in throughout California, including Humboldt, Sonoma, Napa, San Francisco, Alameda, Santa Cruz, Los Angeles, Riverside and San Bernadino counties. These companies including the entire range of licensees: nursery, cultivation, manufacturing, distribution, testing, storefront retail and nonstorefront retail. Jay has worked on both sides of social equity companies in San Francisco, Oakland and Los Angeles.

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Newark, NJ • New York, NY • Portland, OR – Emerge Law Group (“Emerge”), Oregon’s first full-service law firm with cannabis and psychedelics practices, announced today the opening of new offices in Newark, NJ and New York, NY to serve the burgeoning cannabis industry in the Northeast.

“Given the firm’s growth in California and history of helping clients dating back to the early days of cannabis legalization in the Pacific Northwest, we believe our expertise and experience will help new and existing clients navigate the newly opening markets in the Northeast,” said Dave Kopilak, Emerge’s co-founder and primary drafter of Oregon Measure 91 legalizing adult use cannabis in Oregon and Oregon Measure 109 legalizing psilocybin therapy in Oregon.

Emerge’s new offices are led by Duncan Delano.  Duncan is a commercial real estate and business lawyer representing institutional and non-traditional lenders, borrowers, developers, tenants and landlords.  Duncan works closely with Emerge’s deep bench of business, regulatory and litigation attorneys to assist cannabis entrepreneurs in forming businesses, obtaining cannabis licenses, and legal needs that arise with operation and expansion.  With over a decade of experience Duncan joins Emerge from Haynes and Boone, LLP where he previously practiced in the firm’s real estate group.

“We could not be more excited about expanding into this emerging market and adding Duncan, a skilled and dynamic business and cannabis attorney, to our great team,” said Marco Materazzi, one of Emerge’s co-managing shareholders.

As part of Emerge’s growth, the firm is also pleased to announce that Kaci Hohmann has obtained her New Jersey bar license and will provide key business support to the firm’s East Coast clients.  Kaci has been, and will continue to be, a key member the firm’s business practice in Oregon.  Kaci is a business lawyer representing clients in every stage of business growth, including corporate formation, governance, debt and equity financing, mergers and acquisitions, and other commercial transactions.

“Emerge East” comes on the heels of the recent additions of business attorneys Russ Rotondi and Jake Cormier, and litigator Blake Marvis, to Emerge’s headquarters in Portland, OR.  They bring over 41 years of combined legal experience and represent Emerge’s commitment to continued growth to better serve its clients.

About Emerge Law Group

Emerge is a full-service business law firm that represents a wide range of clients, from publicly-traded companies to small family businesses and start-ups.  Emerge provides counsel to clients in the areas of technology, manufacturing, real estate development, hospitality, and entertainment.  Emerge is most well known for handling high profile matters that have shaped the law in the cutting edge industries of cannabis and psychedelics.  While many firms claim expertise in these areas, few have Emerge’s depth and experience in shaping the laws and successfully representing clients through the dynamic and uncertain stages of new industry.  Emerge is also committed to advocacy for equity, diversity, and inclusion in the communities it serves, through actively engaging in impact litigation and pro bono services.

For more information contact:

Marketing Department
503.227.4525
marketing@emergelawgroup.com

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Portland, OR – Emerge Law Group (“Emerge”) a full-service business law firm well known for its leading cannabis and psychedelics practices, announced three new additions.  These new attorneys deepen the firm’s expertise and client base, including in the dynamic craft beverage industry.

RUSS ROTONDI is a business lawyer who specializes in advising craft beverage, cannabis, and other creative companies and entrepreneurs to start, manage, and grow their businesses, often in regulated industries. His practice primarily focuses on business structuring, corporate finance, commercial contracts, mergers and acquisitions, regulatory compliance, and real estate transactions. Russ has served niche private and public companies for over a decade.

“After years of working across the table from Russ on a number of complex business transactions, we are thrilled to have him join the firm as a shareholder,” said Marco Materazzi, Emerge’s Co-Managing Shareholder. “Russ’s sharp skills, poise under pressure, and diverse set of clients are wonderful additions to Emerge.”

Prior to joining Emerge Law Group, Russ was the solo practitioner at Craft Lawyer, in-house counsel with a public cannabis multi-state operator (MSO), and an associate at Cosgrave Vergeer Kester LLP.  Prior to his law career, he was an industrial designer in Seattle and San Francisco.

JAKE CORMIER focuses his practice on general business law.  He works with business clients on all aspects of their operations and growth including entity formation and structure, contractual relations, governance, mergers and acquisitions, and other legal matters that impact their business.

“I’ve had the pleasure of working with Jake for several years as a business partner and attorney colleague.  Jake’s significant business and legal experience, combined with his instincts, humility, and rapport with clients, are invaluable assets to Emerge.  I’m delighted to continue working together and serve the firm’s broad client base,” said the firm’s newest shareholder, Russ Rotondi.

Prior to joining Emerge Law Group Jake was Senior Counsel at Portland-based Cosgrave Vergeer Kester LLP where he was a member of their Business Practice Group.  Jake represents large corporate clients in the regulated markets as well as smaller start-ups. Jake previously practiced law in Illinois and Vermont.

BLAKE MARVIS primarily specializes in business litigation. Coming from an insurance defense background, Blake is familiar with a wide range of different types of complex litigation. Blake brings this versatile experience to Emerge’s litigation group, to help clients navigate the unique challenges of cannabis business litigation.

Tim Alger, shareholder, and head of the firm’s litigation practice said, “Blake has hit the ground running at Emerge and is already an indispensable member of our strong litigation team.  He is a strategic, zealous litigator who thrives in the often complex civil actions that we handle in emerging industries and changing, unsettled areas of law.”

Blake is a graduate of Lewis & Clark Law School, where he was an associate editor on the Lewis & Clark Law Review and an active participant of the Small Business Legal Clinic. While earning his law degree, Blake worked at a plaintiff’s side personal injury firm, where he further developed his litigation experience. Blake also interned for the Honorable Senior Judge Anna J. Brown in the United States District Court of Oregon

About Emerge Law Group

Emerge is a full-service business law firm that represents a wide range of clients, from publicly-traded companies to small family businesses and start-ups.  Emerge provides counsel to clients in the areas of technology, manufacturing, real estate development, hospitality, and entertainment.  Emerge is most well known for handling high profile matters that have shaped the law in the cutting edge industries of cannabis and psychedelics.  While many firms claim expertise in these areas, few have Emerge’s depth and experience in shaping the laws and successfully representing clients through the dynamic and uncertain stages of new industry.  Emerge is also committed to advocacy for equity, diversity, and inclusion in the communities it serves, through actively engaging in impact litigation and pro bono services.

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Emerge Law Group is pleased to announce that Kathryn L. Tucker is joining our firm as Special Counsel, to co-lead our Psychedelics Practice Group with Dave Kopilak.

Kathryn is well known for her decades of advocacy to protect and expand the rights of terminally ill patients, which she has done in leadership positions at a number of nonprofit organizations, after beginning her career with Perkins Coie, in Seattle.  While at Perkins Coie, she served as campaign counsel for the nation’s first initiative campaign for Death with Dignity in Washington in 1991.  She then helped lead the nonprofit corporation Compassion in Dying of Washington, and its successor national organization Compassion & Choices, serving two decades as Director of Advocacy and Legal Affairs.

Kathryn developed a national multidimensional advocacy agenda to galvanize changes in law and policy to expand the rights of terminally ill patients.  She brought a number of cases to the Supreme Court of the United States, establishing and protecting important patient rights.  From 2014-2016, Kathryn served as Executive Director of the Disability Rights Legal Center (“DRLC”) in Los Angeles, the nation’s oldest cross disability advocacy organization.  During her tenure at DRLC, she founded the End of Life Liberty Project (“ELLP”) to continue her advocacy on behalf of terminally ill patients.

Kathryn has held faculty appointments at Loyola, the University of Washington, Seattle University, and Lewis & Clark Schools of Law, teaching in the areas of law, medicine, and ethics, and has published dozens of articles in journals of law, medicine, and health policy.  She is a Fulbright Specialist at the University of Auckland, the University of Canterbury, and the University of Otago, in New Zealand.  She is a frequent speaker at national conferences for legal, medical, and health policy professionals.

In 2017 Kathryn was a co-convener, in collaboration with Multidisciplinary Association for Psychedelic Studies and Drug Policy Alliance, of a national symposium held at the University of Washington exploring advocacy avenues to expand access to psychedelic medicine.  She is author of “Psychedelic Medicine: Galvanizing Changes in Law and Policy to Allow Access for Patients Suffering Anxiety Associated with Terminal Illness”, 21 Quinnipiac Health L. J.  239 (2018) and “Oregon’s Pioneering Effort to Enact State Law to Allow Access to Psilocybin, a New Palliative Care Tool,” which will soon be published by the Willamette Law Review.

Kathryn has also been assisting the Yes on 109 campaign to support Oregon Ballot Measure 109 (formerly Oregon Initiative Petition 2020-034).

Emerge Law Group is thrilled to have Kathryn bring her incredible experience and leadership to us as we grow our Psychedelics Practice Group at this pivotal moment in time.

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FOR IMMEDIATE RELEASE
February 1, 2018

Portland, OR and Sacramento, CA – February 1, 2018 – Emerge Law Group (“Emerge”), Oregon’s first full-service, boutique law firm specializing in the legal cannabis industry has merged with industry pioneer Greenbridge Corporate Counsel (“Greenbridge”), California’s premier cannabis-focused business law firm. For the immediate future, Emerge and Greenbridge will maintain their existing brands in the markets they serve (including Hawaii and Washington), but will otherwise operate as one law firm for the benefit of their current and future clients.

“We could not be more excited about joining forces with one of the most dynamic law firms in the cannabis field, and a powerhouse in California’s industry” said Marco Materazzi, Emerge’s managing shareholder. “The combination of our in-depth experience with Oregon’s two-year-old-plus adult-use cannabis industry and Greenbridge’s expertise and reputation in California’s medical and adult-use cannabis industry will create a wealth of knowledge, skill and experience to serve our clients as they navigate an ever-changing legal landscape and look to expand in other legal markets in the US and abroad.”

Emerge was founded on July 1, 2014 by a group of attorneys with backgrounds in the cannabis industry, as well as years of experience at prestigious business law firms. They had the idea to start a boutique firm that could bring experience in various legal sectors to an industry desperately in need of legal services – the cannabis industry. Over three years later, Emerge has grown into full-service law firm with specialties including business formation and transactions, intellectual property, litigation, employment, land use, real estate and tax. With many of its clients in the Northwest looking to expand into what promises to be the largest legal cannabis market in the world, Emerge is thrilled to be partnering with a nationally well-reputed and trusted boutique firm like Greenbridge with deep roots in the cannabis industry and drug policy reform community.

“Emerge has earned its reputation as the leading cannabis business law firm in Oregon, and one of the very best in the US for service and competence. Given our growing clientele in both California and the Pacific Northwest, it made perfect sense to combine our teams and leverage our talents together,” commented Khurshid Khoja, principal and founder of Greenbridge and stalwart cannabis industry advocate. Khoja has worked to found and/or lead multiple regional, state and national cannabis trade associations, and has had a pronounced impact on the crafting of California cannabis law, policy and regulations, especially as they relate to investor participation.

Greenbridge is a minority-owned and managed law firm founded by Khoja in 2012 to provide premium legal services to businesses and investors in the cannabis industry in California, Washington and Hawaii on regulatory, start‐up, corporate, intellectual property, finance, and other commercial and transactional matters.

Greenbridge attorneys have richly diverse backgrounds with decades of experience in advising clients on state and federal banking, corporate, finance and securities laws in highly-regulated industries, mergers and acquisitions, antitrust and unfair competition law, intellectual property, commercial contracts, and licensing and regulatory compliance. “This is a force multiplier for both firms. With such talented and service-oriented attorneys up and down the west coast, this merger gives us the unique opportunity to provide top-shelf legal services to the entire western US.”

Find Emerge and Greenbridge on social media:

Emerge
Facebook: https://www.facebook.com/emergelawgroup/
Twitter: @emergelawgroup
Instagram: @emergelawgroup
LinkedIn: https://www.linkedin.com/company/emerge-law-group/

Greenbridge
Facebook: https://www.facebook.com/GreenbridgeCorporateCounsel/
Twitter: @greenbridgelaw
LinkedIn: https://www.linkedin.com/company/2638575/

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Emerge Law Group is pleased to welcome Marco Materazzi, an experienced business lawyer with a practice focused on emerging growth companies, M&A, corporate finance and a range of other business matters.  Marco previously practiced in Portland with Tonkon Torp and Perkins Coie, and internationally with Herbert Smith Freehills.  Marco  joins Emerge’s team of highly experienced regulatory and corporate attorneys representing clients in the rapidly growing cannabis industry and a variety of other industries, including software/technology, media and manufacturing.

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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: