Goodwin Procter, one of the earliest Am Law 200 firms to establish a cannabis-specific practice, is building up the group at a time of increasing questions facing marijuana businesses in light of the coronavirus pandemic. 

The firm on Monday added former Duane Morris cannabis team lead Jennifer Briggs Fisher as a partner in its litigation and cannabis practices in San Francisco.

The cannabis market, like most industries, is seeing changes with the onset of COVID-19 pandemic restrictions. While some states, like Massachusetts, have only listed medical cannabis as an "essential business" during the COVID-19 outbreak, others, such as California, have qualified medical and adult recreational use as essential, potentially adding weight to arguments of national decriminalization.

"This is a critical time for our industry," Fisher said in an interview. "It has been moved from illegal to an essential industry. Our clients need our counsel more than ever, navigating this new reality."

Fisher said the COVID-19 restrictions coupled with the essential label in California have opened up contentious issues such as curbside delivery, which was previously thought of as a security risk. Now that people aren't going to the dispensaries, the issue is getting new life.

"There will be some changes that come out of this," Fisher said. "The designation as essential shows how many people rely on it for health and wellness. We are going to see some challenges as a result of the pandemic, and there are states that will be looking for ways to generate new revenue as budgets become strained."

That revenue, she said, could very well come from cannabis. While New York's cannabis legalization is now on hold, New Jersey will put it to a vote, fulfilling a campaign promise of Gov. Phil Murphy during his election run two years ago.

Brett Schuman, partner and San Francisco office chair for Goodwin, said if New Jersey does decide to legalize, that could impact how New York moves forward as well, given the state's connections geographically and economically.

Amid all the questions facing the cannabis industry comes a demand for expertise.

"We have not seen any drop off in demand. If anything, our projections for the practice will increase," Schuman said.

Schuman said Fisher's hire is "significant for our practice and is indicative of our firm's deep commitment to the cannabis industry."

Tony Fiotto, chair of Goodwin's securities litigation, white-collar defense and business litigation practices, said in a statement that Goodwin's California litigation team remains "focused on building scale with the best talent in the market." 

Fisher spent the previous 14-plus years at Duane Morris as an associate, partner and cannabis team lead. There, she worked on issues such as regulatory compliance, business strategy, banking and intellectual property issues for cannabis clients. In her white-collar defense practice, Fisher has dealt with client issues involving the Securities and Exchange Commission regulations, Justice Department investigations and the Foreign Corrupt Practices Act.

Fisher said she had become familiar with several Goodwin attorneys over the years in her practice and thought the level of service they provided would be a good fit for her clients. 

"They have a national cannabis practice and a big California-based litigation team, both looking to serve innovators and investors. I work with a lot of cannabis businesses that are really thriving in the market," she about the factors that drove her to Goodwin. 

Duane Morris, in a statement, said that the firm wishes Fisher the best moving forward but that its cannabis practice was still well-positioned.

"Our cannabis practice remains a market-leading, Chambers-ranked practice serving cannabis clients' needs for everything from regulatory and real estate to IP, litigation and corporate work," a firm spokesperson said in an email.

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