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Trademark Office Issues New Guidlines on Trademarking Cannabis Products and Services

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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 …Read more

SEC Issues Guidance for Investment Contract Analysis of Digital Assets

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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”, …Read more

Federal Legislation Dealing with Cannabis Finance is on the Horizon, We Hope

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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 …Read more

How Not to Protect Your Company’s Valuable Trade Secrets

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A federal district court in Illinois recently reminded all of us of how important it is to take the necessary steps to protect the proprietary information that you consider to be a trade secret before any misappropriation occurs. If you do so after the fact you may lose your ability to enjoin the thieves from …Read more

Critical Issues in Every M&A Transaction

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Mergers and acquisitions (M&A) can be tricky transactions that frequently entail delicate negotiations between buyer and seller. The negotiations must be choreographed in minute detail to ensure the transaction closes in a timely manner and is a success for both parties. The parties will, after all, be living with one another after the deal is …Read more