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 …
Michigan Court of Appeals Strikes State PFAS Drinking Water Standards
On August 22, 2023, a split panel of the Michigan Court of Appeals held that the Department of Environment, Great Lakes, and Energy (EGLE) violated the Administrative Procedures Act (APA) by promulgating a new rule establishing drinking water standards for seven PFAS[1] compounds. The required regulatory impact statement (RIS) did not consider compliance costs associated …
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Nevada’s Cannabis Industry Takes Another Step Forward
Four significant bills that will undoubtedly impact cannabis regulation in Nevada were recently signed into law by Nevada State Governor Joe Lombardo (R). The legislation makes a series of amendments to the state’s existing cannabis laws, including minimizing penalties and fees, reforming sales tax law, doubling the legal personal possession limit, consolidating licensing rules, and …
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Ohio Supreme Court Unanimously Affirms Siting Board Certificate for New Wind Farm
Emerson Creek project in Huron and Erie Counties Now Expected to Move to Construction On July 27, 2023, the Supreme Court of Ohio, in a 7-0 decision, affirmed the Ohio Power Siting Board (“Board”)’s decision to issue a certificate for environmental compatibility and public need (“Certificate”) to construct the Emerson Creek Wind Farm, effectively authorizing …
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Why Katy Perry’s “Roar” Can Be Powerful Against Narcissistic Abuse
It is very likely you know someone who exhibits narcissistic tendencies. The person who feels they are always right, lacks empathy for others, and is obsessed with power and control. Most of the time, we can ignore those tendencies, overlook them other times, and in many cases, just avoid the person entirely. However, when you …
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IRS Issues Alerts and Begins Audit Activity Related to the Employee Retention Tax Credit
The Employee Retention Tax Credit (“ERC”), enacted as a part of the Coronavirus Aid, Relief and Economic Security Act (“CARES Act”), is a fully refundable tax credit for employers, up to $26,000 per eligible employee. Because of the potentially significant value of the ERC to employers, the Internal Revenue Service (“IRS”) has warned of “blatant” …
Will I Pay Less Child Support If I Pay For Private School Tuition?
How much child support a parent owes and what can be taken as a credit towards child support obligations are common questions in family law matters. A large expense, which could result in a large child support deduction — or even its elimination, comes from payment of private school tuition. In Tennessee, child support awards …
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U.S. EPA Adopts ASTM 2021 Phase I Standard for Parties Seeking New Owner/Operator Liability Defenses Under CERCLA
On December 15, 2022, U.S. EPA issued its final rule adopting the ASTM E1527-21 standard for Phase I environmental site assessments as meeting the All Appropriate Inquiries (AAI) requirement to qualify for new owner and operator defenses against liability under CERCLA.[1] The rule becomes effective February 13, 2023. U.S. EPA is sunsetting the use of …