This article originally appeared in Cannabis Business Executive on June 10, 2020. Claimed “illegality” of cannabusinesses continues to be a critical issue for them in their ability to enforce their rights in the courts. The ability to seek judicial relief may be especially important to some cannabusinesses that are struggling as a result of the COVID-19 pandemic (e.g., to seek bankruptcy relief, or to obtain compensation from customers or suppliers that breach contracts). In our December 2019 articles[i], we observed that a cannabusiness may find it difficult to pursue its Intellectual Property (IP) rights in certain jurisdictions… Continue Reading The Status of a Cannabusiness’ Ability to Seek Relief in the Courts — the ‘Illegality’ Issue
James Fazio is special counsel in the Intellectual Property Practice Group in the firm's San Diego (Del Mar) office.