Practical perspectives for contemporary legal challenges.
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) …
Continue reading “How To Protect Your Cannabis Trademarks in a Legal Landscape That Is Half-Baked”
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 …
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 …
Continue reading “Michigan Court of Appeals Strikes State PFAS Drinking Water Standards”
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 …
Continue reading “Nevada’s Cannabis Industry Takes Another Step Forward”
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 …
Continue reading “Ohio Supreme Court Unanimously Affirms Siting Board Certificate for New Wind Farm”
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 …
Continue reading “Why Katy Perry’s “Roar” Can Be Powerful Against Narcissistic Abuse”
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” …
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 …
Continue reading “Will I Pay Less Child Support If I Pay For Private School Tuition?”
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 …
On November 9, 2022, the Alcohol Tax and Trade Bureau (TTB) issued an Advance Notice of Proposed Rulemaking, the next step in the process requested by President Biden under Executive Order 14036 (“Promoting Competition in the American Economy”). The TTB seeks public comment on trade practice regulations, “tied house” laws, and more. President Biden issued …