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Medical Marijuana and Gaming: To Divest or Not to Divest?

Even as more and more states pass laws permitting sales and use of medical and recreational marijuana, marijuana remains an illegal Schedule I drug under the federal Controlled Substances Act....more

Financial Services Weekly News Roundup - May 2015 #4

CFPB Fines Bank $7.5M for Overdraft Violations, With $49M More in Redress - Why it matters: In its first action targeting overdraft fees, the Consumer Financial Protection Bureau (CFPB) fined Regions Bank $7.5...more

Much Ado About Doing Nothing: DOJ’s Latest Memorandum Cracks Open Door to Marijuana Development on Tribal Lands

In December 2014, the Department of Justice (DOJ) released a policy statement regarding enforcement of marijuana laws in Indian Country. While some media have reported the Department’s statement as carte blanche for tribes to...more

SCC Recognizes a Lawyer’s Duty of Commitment to the Client’s Cause

In a decision released on Friday, the Supreme Court of Canada has recognized a new principle of fundamental justice: a lawyer’s duty of commitment to the client’s cause. In Canada (Attorney General) v Federation of...more

Federalism and States' Rights -- A Never Ending Battle

Is Alabama Chief Justice Roy Moore out of touch with reality? How can a State Supreme Court Judge defy the ruling of a United States District Court? Because he feels he can. Remember Little Rock, Arkansas in 1954 and the...more

Medical Marijuana Update—More Confusion by the Federal Government

In my post of June of last year, I wrote about the dangers that commercial lenders may face should they provide financing to borrowers who lease to medical marijuana dispensaries real property that is pledged as collateral...more

White House Proposal: Beef Up Anti-Hacking Laws and Resolve a Circuit Split

President Obama wants to go where the Supreme Court refused to tread.  As part of his  cybersecurity and privacy initiatives, which we discussed last week, the President would strengthen the federal anti-hacking provisions of...more

Supreme Court Update: Dart Cherokee Basin Operating Co. V. Owens (13-719) And Heien V. North Carolina (13-604)

Greetings, Court fans Long before he became Chief, John Roberts quipped that "[o]nly Supreme Court justices and schoolchildren are expected to and do take the entire summer off." Right now, the Justices are in the midst...more

Oregon Initiative Legalizes Recreational Use of Marijuana—What Does that Mean for Employers?

On Nov. 4, 2014, Oregon voted to decriminalize, regulate, and tax the production, delivery, and possession of marijuana. Oregon joins Alaska, Colorado, Washington, and Washington, D.C. in legalizing recreational marijuana...more

What Does Alaska’s and Oregon’s Legalization of Marijuana Change for Employers? Answer: Probably Not Much

In this week’s mid-term election on November 4, Oregon, Alaska, and the District of Columbia became the latest jurisdictions to pass referendums decriminalizing the recreational possession and use of small amounts of...more

Alaska Passes Initiative to Legalize Recreational Use of Marijuana—What Does that Mean for Employers?

Alaska voted on Nov. 4, 2014, to decriminalize possession, use, display, purchase, and transport of marijuana. Alaska has now joined Colorado, Washington, Oregon, and Washington, D.C. in legalizing recreational marijuana use....more

Legal Landscape and Guidance for Companies Involved in Marijuana Activity

Many states now permit the use of marijuana for medical or recreational purposes and the federal government has revised certain enforcement policies related to marijuana-related crimes. The possession, use,...more

Medical Marijuana Dispensaries and Commercial Real Property Lenders—What is the Dope?

Numerous articles have been published about medical marijuana dispensaries. In fact, I read in an article last week that a bipartisan coalition of members of the House of Representatives recently voted to restrict the Drug...more

Clearing the Haze: Rohrabacher Amendment Does Not Change Federal Policy Regarding Medical Marijuana

Notwithstanding current news reporting to the contrary, the medical marijuana industry should not rely on the Rohrabacher amendment to preclude enforcement of federal drug laws. Before those in the medical marijuana industry...more

Banks’ High Cost of Doing Business with the Marijuana Industry

In 1996, California voters passed Proposition 215, making it the first state to allow for the medical use of marijuana. To date, a total of twenty-one states and the District of Columbia allow for comprehensive public medical...more

Creaking Open the Doors for Marijuana Businesses May Be Big Risk

Banks struggling with the question of whether – and how – to work with marijuana-related businesses can look to Colorado and Washington for ideas, but will do so at their own risk if the ongoing dialogue between FinCEN and...more

Marijuana, Banking, and the “10-Foot Pole”

On February 14, 2014, the Financial Crimes Enforcement Network (“FinCEN”) issued guidance aimed at clarifying Bank Secrecy Act expectations for financial institutions interested in providing services to marijuana-related...more

California Supreme Court Declines Review of Cases Invalidating Local Bans on Sex Offenders

Supreme Court Leaves Intact Court of Appeal Cases Holding That State Law Preempts Some Local Sex Offender Ordinances - Local laws regulating where sex offenders may go are likely now invalid following the California...more

Tenant’s Use – Illegal or Not?

Impact on lease provisions of state laws allowing marijuana cultivation and distribution. The State of California was a pioneer in legalizing the use, distribution, and cultivation of marijuana in varying forms. In...more

FinCEN Issues Guidance for Financial Institutions Seeking to Provide Services to Marijuana-Related Businesses

The Financial Crimes Enforcement Network (“FinCEN”) issued guidance (the “Guidance”) to clarify FinCEN’s expectations as to how financial institutions (“FIs” and each an “FI”) will meet their compliance requirements under the...more

FinCEN Guidance On Bank Secrecy Act Expectations Regarding Marijuana-Related Businesses

Full text copy of the Department of Treasury Financial Crimes Enforcement Network (FinCEN) guidance clarifying the Bank Secrecy Act expectations for financial institutions seeking to provide banking services to...more

The Legalized Marijuana Industry’s Evolution Is An Exercise In Banking Compliance

On Jan. 1, recreational marijuana officially went on sale in Colorado, marking the first state in the Union to permit the recreational sale and use of marijuana. For the last year — following the passage of Amendment 64,...more

Nevada’s New Medical Marijuana Law—Now What?

Despite the unsettled nature of federal enforcement of the federal criminal drug laws in the context of state medical marijuana laws, the Nevada Legislature enacted Senate Bill No. 374 during its recently completed 77th...more

What the Federal Government's New Marijuana Guidance Means for Washington Businesses

On Thursday, the U.S. Department of Justice finally addressed its enforcement strategy as it relates to the recent Washington and Colorado initiatives legalizing marijuana in those jurisdictions. In a memo issued to U.S....more

White Collar Watch - July 2013

In This Issue: - Factors in Forfeiture: Eleventh Circuit Rules in Seizure of Rothstein Ponzi Assets - Health Care False Statement Statute Serves as Backstop for Government In Nearly Failed Prosecution -...more

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