On January 27, 2025 (the “Effective Date”), the Federal Communications Commission’s (“FCC”) “1:1” consent rule for telemarketing texts and auto-dialed, i.e., robocalls and robotexts will go into effect (the “Final Rule”). The Final Rule will require consumers to provide separate, written consent for each company that wants to send the consumer marketing messages, and it …
Better Call Your Privacy Attorney: 3 New State Privacy Laws Begin July 1, 2024
On July 1, 2024, Florida, Oregon, and Texas will join California, Colorado, Connecticut, Utah, and Virginia by adding privacy laws governing the collection, use, and transfer of consumer personal data. Montana will follow suit effective October 1, 2024. The new laws are similar to existing state data privacy laws in that they grant consumer protections and …
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Leveraging Tenant Estoppel Certificates in Commercial Real Estate Deals
In evaluating the feasibility and profitability of a potential investment, it’s crucial for a prudent buyer to conduct a comprehensive review of all property leases. Such an examination allows the buyer to verify the property’s cash flow and identify any potential risks or liabilities. However, determining whether tenants are indeed adhering to their lease obligations …
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Florida Loses Wetland Permitting Authority
In a landmark decision, a federal court has ruled against the Environmental Protection Agency (EPA) and U.S. Fish and Wildlife Service, determining that their approval of Florida’s takeover of the Clean Water Act wetlands permitting program violated federal law. The court’s decision, which came as a result of a lawsuit filed by seven environmental groups, …
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Navigating Michigan’s “One Recordable Event” Rule
In Michigan, every document submitted for recordation with a register of deeds must adhere to MCL 565.201. Among these requirements, the first line of print on the first page of the instrument must display a single statement identifying the recordable event associated with the instrument (MCL 565.201(1)(f)(ii)). The statute explicitly states that after April 1, …
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Beyond Closing: The Power of a Gap Indemnity
In a typical real estate transaction, there’s often a critical period between the closing and the official recording of documents—a period aptly known as the “gap.” This “gap” introduces a degree of risk, leaving room for unexpected encumbrances like liens or adverse judgments to rear their heads before the ink dries on the transaction documents. …
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Florida’s Foreign Entities Act Declared Unconstitutional in Recent Ruling
In a recent legal development, the 11th US Circuit issued a consequential verdict in Shen v. Simpson, a federal lawsuit challenging Florida’s Conveyances to Foreign Entities Act (SB 264), which restricts individuals from China and other “foreign countries of concern” from owning real property in the state. This ruling has far-reaching implications for the constitutional …
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Doobie-ous Competition: How a Cannabis Company Can Use Employment Agreements to Protect Intellectual Property
In our prior posts, we discussed the two issues that should be at the forefront of any branding strategy: Avoiding potential trademark infringement claims, and Protecting the business’ brand through trademarks In this post, we briefly discuss how cannabis businesses can implement employment agreements to further protect their intellectual property. Terminating an employment relationship carries …
How To Protect Your Cannabis Trademarks in a Legal Landscape That Is Half-Baked
In our previous post, we discussed how a cannabis business can take steps to avoid potential trademark infringement claims. In this release, we will discuss how a cannabis business can use trademarks for brand protection – despite the fact that federal law prohibits filing a cannabis-related trademark. Acquiring State Trademarks The most obvious (and widespread) …
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Avoiding a Bad Trip: How Cannabis Companies Can Mitigate the Risk of an Infringement Lawsuit
Over a decade has passed since recreational cannabis began to see legalization at the state level. Yet cannabis businesses continue to grapple with protecting their brands, as trademark protection at the federal level remains unavailable. The current hodgepodge of state trademark regimes will undoubtedly result in litigation and a race to register federal marks once …