Higher Law: Quinn Emanuel Bets on Marijuana | A Backer for Marijuana Banking | Shaping Advertising Policies | Who Got the Work
Quinn Emanuel and cannabis. Movement on a marijuana banking bill. A southern firm's new pot practice. And a Florida lawyer's return to pot politics. Welcome to Higher Law, your home for news and analysis on the cannabis front. Thanks for reading!
August 08, 2019 at 04:00 PM
8 minute read
Welcome back to Higher Law, our weekly briefing on all things cannabis. I'm Cheryl Miller, reporting for Law.com from Sacramento. Happy CBD Day. Yes, apparently this is a thing now.
This week, we're looking at:
• Quinn Emanuel and cannabis
• Movement on a marijuana banking bill
• A southern firm's new pot practice
• A Florida lawyer's return to pot politics
Thanks for reading. Keep that feedback and those tips coming at [email protected]. You can also reach me at 916.448.2935. Follow me on Twitter @capitalaccounts.
Quinn Emanuel Joins the Green Rush
Quinn Emanuel Urquhart & Sullivan this week became the latest Big Law firm to announce the launch of a dedicated cannabis practice. The 15-partner group will focus on litigation in the fast-growing cannabis space.
I recently talked to practice leader Robert Becher, a Los Angeles-based partner, about the announcement and what it means for the firm. The interview is condensed for space and clarity.
Higher Law: Quinn Emanuel already represents cannabis clients. Why the formal announcement about a practice?
Becher: The demand for our services has reached the point where we feel like there is a critical mass and interest in using Quinn Emanuel for cannabis litigation. So we concluded that we should make this more formal and make it public on our website and publicly announce it so there's no question that Quinn Emanuel is willing and capable of representing cannabis clients in the most high-stakes disputes.
Were there any concerns about what other Quinn Emanuel clients might think about the firm representing marijuana interests?
We have always been willing to get involved in new and emerging industries. Obviously if you just walk out the door from my office you can take a walk to a dispensary. You can buy CBD at the local retail chain or drug store. Cannabis is ubiquitous in California and elsewhere and Quinn Emanuel decided that it wants to be involved in the forefront of this industry.
Does the firm have any restrictions on the cannabis clients it will serve?
We represent a wide array of players in the industry, including companies in retail, private equity firms, CEOs and directors of cannabis companies and investors. Obviously we will comply with all the bar rules and guidance with respect to the representation of cannabis industry clients. But at this point we have a very diverse base of clients involved in many different aspects of the industry.
Is there one big issue on your plate right now that transcends all your clients?
The biggest issue that seems to be prevalent in these cases is generally disputes over ownership and management over cannabis companies. With the success of many of these companies it seems that investors and people with financial interests have become more active in litigation.
Progress on Marijuana Banking?
Remember that U.S. Senate committee hearing on marijuana and banking last month where only one Republican showed up? It didn't seem to bode well for pending legislation aimed at opening more banks to cannabis businesses.
But that one Republican in attendance was an important one: Mike Crapo of Idaho, chairman of the Banking, Housing and Urban Affairs Committee. And last week, Crapo told Wikileaf's Matt Laslo that it's time to "move forward and see if there's some way we can draft legislation that will deal with the issue."
Does that mean he'd allow a vote on the Secure and Fair Enforcement Banking Act, which would shield financial institutions from federal prosecution if they serve state-licensed pot operators? Maybe. "There are other ways it could be solved," Crapo said. "For example regulatory–they could deal with the issue at the Department of Justice, but I don't know."
It wasn't exactly a ringing endorsement of marijuana banking, but Crapo's comments were probably the most supportive yet from Senate GOP leadership.
"There was some criticism that the Republican attendance [at the committee hearing] wasn't there, but if they wanted to blow it up they would've been there," said Sen. Cory Gardner, R-Colorado, a supporter of the legislation.. "So I look at that as sort of an acknowledgment that this is now just a status quo issue and not something that they're going to try and interfere with."
Who Got the Work
• Bradley Arant Boult Cummings, the Alabama-based firm with offices throughout the South, has launched a "cannabis industry team." Partners Whitt Steineker and Jay Wright will lead the practice group. "As the cannabis industry in the U.S. has experienced rapid growth–especially after the enactment of the 2018 Farm Bill that removed hemp from the schedule of controlled substances–Bradley is well positioned and committed to helping businesses navigate an array of legal challenges involving marijuana and hemp," Steineker said in a prepared statement.
• Sullivan & Cromwell and Blake, Cassels & Graydon served as legal counsel to Cronos Group in its planned $300 million acquisition of four of Redwood Holding Group's subsidiaries. Jeffrey D. Segal, A Professional Corp. and Kirkland & Ellisrepresented Redwood Holding. Redwood makes hemp-derived CBD-infused skincare products under the Lord Jones label.
• Beverly Hills, California-based firm Margolin & Lawrence helped submit 57 applications for the Los Angeles Department of Cannabis Regulation's social equity program. The program is open to applicants who are low-income "and/or have a low-level criminal history related to cannabis and operate in a 'dispensary- impacted area,' most of which are currently located in South Los Angeles and Hollywood," the firm said in a statement.
• Sacramento-based lobbying firm Capitol Advocacy has partnered with Spiker Consulting Group of Los Angeles to offer state and local government relations and lobbying services to the cannabis industry, the Sacramento Bee reports.
In the Weeds
>> Oklahoma dispensaries stuck in "Facebook jail" have sued Mark Zuckerberg. The seven outlets say the Facebook leader and his social media company have "an arbitrary, subjective, discriminatory and archaic policy" of disabling the state-legal companies' sites. The dispensaries, suing pro se in Tulsa County District Court, are seeking damages of more than $75,000 and an injunction preventing Facebook from blocking their pages. [Tulsa World]
>> In-house cannabis lawyers should help shape company advertising policies. A legal department needs to look over the shoulder of the advertising department, with legal helping develop a plan that keeps the company in compliance with the law and makes business sense. "An important first step would be to have an introductory call or workshop with advertising to let them know these are the general parameters," said Jennifer Briggs Fisher, a partner and team lead of Duane Morris' cannabis group in San Francisco. [Corporate Counsel]
>> Florida lawyer John Morgan is back on another marijuana mission. The Orlando personal injury attorney who helped bankroll the state's 2016 medical marijuana initiative says he backs a campaign to put recreational marijuana on the 2020 ballot. "I believe that #marijuana should be legal!!" Morgan tweeted. "I think we have time and I think there is money to get it done. [Orlando Sentinel]
>> Michigan AG Dana Nessel wants to clarify her state's marijuana law. Nessel says the recreational-use law, approved by voters last year, is fuzzy on penalties for infractions such as public consumption. A Nessel-appointed working group is looking at possible changes. Any amendments to the marijuana law would need the support of three-fourths of the legislature to pass. [MLive]
>> New York legislation would drop the research requirement for hemp growers. The bill is aimed at encouraging a budding hemp industry in the Empire State following the 2018 Farm Bill's legalization of the crop. Gov. Andrew Cuomo has not taken a public position on the legislation. [The Wall Street Journal]
>> New Mexico's medical marijuana market could see a big uptick in customers. A state judge this week said the state must issue identification cards to all qualifying medical marijuana patients, even people who live outside New Mexico. The state Department of Health has until Aug. 19 to submit arguments against making the ruling permanent. [AP]
The Calendar: What's Next
Aug. 15 - The Benzinga Cannabis Capital Conference takes place in Detroit, Michigan. Scheduled speakers include Mike DiLaura, a partner with Cannabis Attorneys of Michigan, and Allison Ireton, founder of and legal counsel at Bloom City Club.
Aug. 16-17 - The Carolinas Cannabis Convention takes place in Charlotte, North Carolina. Speakers scheduled to appear include Jillian Hishaw of Hishaw Law and Jamie Crumley, president and COO of Founder's Hemp.
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Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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