Does your family business own a piece of property that may be contaminated? We often hear clients say they do not want to know the answer to that question because they will be forced to do something about it. We disagree with that approach because you can’t make a good business decision about your potentially-contaminated […]
Understand Federal and State Securities Laws Before Raising Money
The applicability of the federal securities laws is remarkably broad. The Securities Act of 1933 defines a “security” to include stock, bonds, notes, fractional undivided interests in oil, gas and other mineral rights, and “investment contracts.” The Supreme Court analyzed such contracts in the Howey case to mean investments in a common enterprise with an […]
Trademark Office Issues New Guidlines on Trademarking Cannabis Products and Services
The U.S. Patent and Trademark Office (“PTO”) issued new guidelines on May 2, 2019, clarifying that trademarks for certain cannabis and cannabis-derived goods and services are now eligible for federal trademark protection. The PTO issued the guidelines to clarify the procedure for examining marks for these goods and services following passage of the 2018 Farm […]
SEC Issues Guidance for Investment Contract Analysis of Digital Assets
On April 3, 2019, the Strategic Hub for Innovation and Financial Technology – known as “FinHub” – of the Securities and Exchange Commission (“SEC”) published a “Framework for Investment Contract Analysis of Digital Assets” (“Guideline”) to provide additional guidance to market participants in determining whether a “digital asset” meets the definition of an “investment contract”, […]
Federal Legislation Dealing with Cannabis Finance is on the Horizon, We Hope
Two bills currently making their way through Congress suggest 2019 might be the year when Congress finally prevents U.S. law enforcement and regulatory agencies from enforcing federal prohibitions on marijuana in states where cannabis is legally cultivated and sold in commerce. The SAFE Act On March 28, 2019, the House Financial Services Committee voted to […]
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