Law Seminars International Presents:

An Advanced, Timely Seminar on

Cannabis as a Business in California

The wide range of issues in the newly passed MAUCRSA and its implementation

October 13, 2017

San Francisco, CA
(or anyplace you may be via webcast!)

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Program Overview

Who Should Order

Attorneys, business professionals, government officials, landowners, farmers, ancillary businesses, financiers, and hopeful cannabis operators

Why You Should Order

In October 2015, California passed the Medical Cannabis Regulation and Safety Act ("MCRSA"), and in November 2016 voters approved Proposition 64, the state's adult use cannabis initiative. This summer, California passed the Medicinal and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA"), which combines the MCRSA and Proposition 64 under one master regulatory regime.

This seminar will examine the challenging business and regulatory issues arising from the creation of the newly regulated commercial cannabis industry in California. Experts will discuss the wide range of issues regarding MAUCRSA and its implementation; current state and federal law conflicts over cannabis; cannabis business corporate structures and acquisitions; landlord/tenant law, commercial leases and real property issues; investment, fundraising, and securities issues; access to banking; trademark, branding, patent, and IP licensing; and the ethical considerations for attorneys serving cannabis business clients.

We hope you will join us.

~ Program Co-Chairs: Hilary Bricken, Esq. of Harris Bricken, and Nicole Howell Neubert, Esq. of Clark Neubert LLP

What You Will Learn

  • ~Updates on California regulatory system for medical & adult use
  • ~Overview of the conflict between federal and California state law
  • ~Analysis of 2014 FinCEN guidelines and banking solutions
  • ~Financing and fundraising in the Cannabis industry
  • ~What a PPM should look like
  • ~Permitting and leasing transactions
  • ~Cannabis M&A
  • ~Patents and trademarks
  • ~Ethical issues for attorneys in the Cannabis industry

What Attendees Said

  • "This has been one of the better, most practical collection of presentations on cannabis law that I've attended. Highly knowledgeable presenters and good, useful substance."
  • "Great intercommunication! Thank you for putting on a productive seminar!"
  • "I appreciate such a professional environment & this seminar was very helpful & well laid out."

Friday, October 13, 2017

8:00 am

Registration Opens

8:30 am

Introduction & Overview

Hilary Bricken, Esq. , Program Co-Chair
Harris Bricken LLP / Los Angeles, CA

Nicole Howell Neubert, Esq. , Program Co-Chair
Clark Neubert LLP / San Francisco, CA

8:45 am

Update on the California Regulatory Scheme--Medical & Adult-Use

An update on the current state of California statutes and regulations under the Medical Cannabis Regulation & Safety Act, Adult Use of Marijuana Act, reconciliation efforts, regulations, and implementation of state licensing.

Nicole Howell Neubert, Esq. , Program Co-Chair
Clark Neubert LLP / San Francisco, CA

Hilary Bricken, Esq. , Program Co-Chair
Harris Bricken LLP / Los Angeles, CA

10:15 am


10:30 am

The Great Federal v. State Divide & The Banking Epidemic

Overview of the conflict between state and federal law; Department of Justice administrative actions and policies: Federal Cannabis Caucus; pending federal legislation; likely new administrative policy changes to the Cole Memo

Hanspeter Walter, Esq.
Kronick Moskovitz Tiedemann & Girard / Sacramento, CA

Alex Kreit, Esq.
Thomas Jefferson School of Law / San Diego, CA

11:45 am

Cannabis Financing and Fundraising

Analysis of financing and fundraising in the context of applicable federal and state securities laws: What should a PPM look like? What should its risk factors be? Various issues in raising money for startups

Kathryn L. McCall, Esq.
Sideman & Bancroft LLP / San Francisco, CA

12:15 pm

Lunch (on your own)

1:30 pm

Real Estate: Permitting and Leasing Transactions

Cannabis-intensive lease provisions; remedies for dealing with default, including asset forfeiture and/or threats of prosecution by the federal government

Daniel Dersham, Esq.
Harris Bricken LLP / San Francisco, CA

Dealing with Municipalities

Robert W. Selna, Esq.
Wendel Rosen Black & Dean LLP / Oakland, CA

2:30 pm

Cannabis Mergers and Acquisitions

Models for purchasing and selling marijuana businesses that comply with state and local rules; dealing with regulatory triggers and navigating closing deadlines; debt vs. equity for new owners; due diligence on indemnification, disputes and venue

David Kopilak, Esq.
Emerge Law Group / Portland, OR

3:15 pm


3:30 pm

Intellectual Property Issues: The Challenge for Marijuana Businesses in Dealing with the US Patent and Trademark Office

What patents can be secured for cannabis and/or cannabis products? Analysis of cannabis patents issued by USPTO and the process to secure those patents

Matthew C. Lapple, Esq.
Lapple Ubell IP Law, LLP / Irvine, CA

Building your brand: Trademarks and associated trade dress issues; cannabis licensing agreements; avoiding franchising rules

Shabnam Malek, Esq.
Brand & Branch LLP / Oakland, CA

4:30 pm

Ethical Issues for Attorneys in the Cannabis Industry

Omar C. Figueroa, Esq.
Law Offices of Omar Figueroa / Sebastopol, CA

5:30 pm

Evaluations and Adjourn

Faculty Bios

Hilary Bricken, Hilary Bricken, Program Co-Chair, is a partner at Harris Bricken LLP. Her practice consists of representing marijuana businesses of all sizes in multiple states on matters relating to licensing, corporate formation and contracts, commercial litigation, and intellectual property. Named one of the 100 most influential people in the cannabis industry in 2014, she is also lead editor of the Canna Law Blog.

Nicole Howell Neubert, Nicole Howell Neubert, Program Co-Chair, is a principal and founder of Clark Neubert LLP, which serves as outside counsel to the cannabis industry. Based in San Francisco and Los Angeles, the firm provides advice on matters of corporate and business counseling, entity formation and operation, corporate mergers and acquisitions, and regulatory permitting and compliance. A regular speaker on California cannabis law and related corporate matters, she serves as policy committee leader for the California Growers Association, on the Board of Directors for California NORML and as a member of State Treasurer John Chiang's Cannabis Banking Working Group.

Daniel Dersham Daniel Dersham of Harris Bricken LLP, centers his practice on litigation, with an emphasis on commercial disputes and commercial real estate law. His success in Federal and State trials, arbitrations, and mediations has made him a sought-after legal adviser not only for corporate clients, but also for individual owners and landlords seeking representation on a variety of real estate issues and disputes, such as leasing, land use, and regulatory compliance.

Omar C. Figueroa, Omar C. Figueroa, Law Offices of Omar Figueroa, is a California cannabis counsel focusing on medical marijuana licenses and permits. He is a member of California NORML, Cannabis Action Network, Americans for Safe Access and a lifetime member of the NORML Legal Committee.

David Kopilak David Kopilak is a partner at Emerge Law Group. He focuses on business and corporate law, and was the primary drafter of Oregon Ballot Measure 91 and has a unique understanding of the business, corporate, and securities law challenges that cannabis businesses face.

Alex Kreit Alex Kreit is a Professor of Law at the Thomas Jefferson School of Law, Univeristy of San Diego and serves as Director of the Center for Law & Social Justice and Co-Director of the Criminal Law Fellowship Program. He is author of the casebook Controlled Substances: Crime, Regulation, and Policy, and co-author of the reference book Drug Abuse and the Law Sourcebook.

Matthew C. Lapple Matthew C. Lapple is a partner at Lapple Ubell IP Law, LLP. He is a US Patent & Trademark Office (PTO)-registered attorney who has prosecuted patents and trademarks and has litigated patent, trademark, copyright, and trade secret cases. He also has negotiated and drafted a variety of intellectual-property licensing and software-development agreements and prepared non-disclosure agreements (NDAs).

Shabnam Malek Shabnam Malek is a partner at Brand & Branch LLP and President of the National Cannabis Bar Association. She advises clients on domestic and international trademark clearance, registration, and enforcement. She also represents clients in disputes, develops worldwide expansion strategies, and negotiates and drafts agreements, including settlement agreements, co-existence agreements, trademark license agreements, and interstate license agreements.

Kathryn L. McCall Kathryn L. McCall is a partner at Sideman & Bancroft LLP and focuses on entity formation, business financing, and operational concerns. She assists cannabis businesses in structuring, organizational, and regulatory matters, intellectual property, tax, estate planning, and business and criminal litigation issues.

Robert W. Selna Robert W. Selna is the Chair of Wendel Rosen Black & Dean LLP's Cannabis Industry Group. His Cannabis business work includes advising clients on regulations, permitting, real estate transactions and government affairs. He has published extensively on cannabis issues. He also has extensive experience working with city agencies, commissions and boards and is part of the firm's land use litigation team.

Hanspeter Walter Hanspeter Walter is a shareholder at Kronick Moskovitz Tiedemann & Girard in Sacramento and Co-chair of its Cannabis Practice Group. He has broad-based transactional and State and Federal litigation experience in water, environmental, administrative, land-use, and regulatory permitting and compliance matters.

Continuing Education Credits

Live credits: Law Seminars International is a State Bar of California approved MCLE provider. This program qualifies for 7.25 California MCLE credits, including 1 ethics credit. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.

Replay Options

Video Replays allow you to time-shift your content. The Vodcast has navigation tools and search capabilities that allow you to quickly find the portions most important to you. It allows you to plug a flashdrive into your laptop and make effective use of in-flight plane time.

Audio Podcasts are perfect for making more effective use of the time you spend commuting.


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