The cannabis industry faces numerous challenges given the current federal legislation and regulatory framework, including a lack of service providers, illusory insurance coverage options, and higher risk with fewer...more
Starting a business is not for the faint of heart. Your best chance at survival and success is to plan out the life cycle of your company from the beginning and how you are going to exit at the end. The decisions you make...more
10/14/2020
/ Business Entities ,
Business Formation ,
Business Ownership ,
C-Corporation ,
Choice of Entity ,
Early Stage Companies ,
Entrepreneurs ,
Exit Strategies ,
Pass-Through Entities ,
S-Corporation ,
Startups
The world is not the same since we left our places of employment in March at the beginning of the COVID-19 pandemic. As employees return to their workplaces or continue working remotely, employers should, of course, be...more
9/22/2020
/ Best Practices ,
Coronavirus/COVID-19 ,
Corporate Culture ,
Health and Safety ,
Human Resources Professionals ,
Infectious Diseases ,
Re-Opening Guidelines ,
Remote Working ,
Reputation Management ,
Return-to-Work Agreements ,
Sick Employees ,
Virus Testing ,
Workplace Safety
In Mapei Corp. and Southeastern Printing Co. v. J.M. Field Marketing Inc., Florida’s Fourth District Court of Appeal addressed trade secret issues in a dispute among a construction product company (Mapei), its former...more
There are many obstacles and complexities that cannabis companies face in securing IP rights on their products. In this podcast, Carlton Fields intellectual property attorney Coy Stull discusses a pending patent infringement...more
In this episode, Carlton Fields attorneys Kevin McCoy and Joe Swanson discuss the circumstances involved in a recent data breach involving the cannabis industry. We explore cybersecurity and data privacy issues that all...more
2/10/2020
/ Cannabis-Related Businesses (CRBs) ,
Cyber Attacks ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Hackers ,
Incident Response Plans ,
Information Security ,
Marijuana Related Businesses ,
Policies and Procedures ,
Risk Mitigation
A class action lawsuit alleging that Green Roads of Florida LLC misrepresented the amount of CBD contained in various products has been stayed pursuant to the primary jurisdiction doctrine because the plaintiffs’ claims...more
1/8/2020
/ Article III ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Class Action ,
E-Commerce ,
Food and Drug Administration (FDA) ,
Injunctive Relief ,
Injury-in-Fact ,
Internet Retailers ,
Marijuana ,
Medical Foods ,
Misrepresentation ,
Plant Based Products ,
Primary Jurisdiction Doctrine ,
Product Labels ,
Purchase Price ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Standards ,
Retail Market ,
Retailers ,
Standing
The distribution and sale of cannabis continues its charge from taboo to mainstream. Cannabis-related commerce will reach billions of dollars annually in the next few years. Everything from medicinal and recreational...more
11/5/2019
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Consumer Insurance Products ,
Financial Institutions ,
Financial Services Industry ,
Hemp ,
Legislative Agendas ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Pending Legislation ,
Plant Based Products ,
Regulatory Agenda ,
USDA
In the race to grow, many companies lose sight of the need to protect the competitive advantages they have spent years refining.
The cannabis green rush continues across the United States. Companies operating in this space...more
In the last month, plaintiffs have filed a spate of consumer class actions against manufacturers of cannabis-based products. Specifically, plaintiffs have focused on manufacturers of CBD products, claiming the amount of CBD...more
10/14/2019
/ Agribusiness ,
Ascertainable Class ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Class Action ,
Class Certification ,
Common Law Claims ,
Farms ,
FRCP 23 ,
Marijuana Related Businesses ,
Retail Market
A recent class certification opinion may increase the risk of exposure and liability in class actions for businesses that impose fees using specific labels.
In Waste Pro USA v. Vision Construction Ent., Inc., a Florida...more
9/24/2019
/ Appeals ,
Class Action ,
Class Certification ,
Commonality ,
Fee Disputes ,
Fees ,
Hidden Fees ,
Misleading Impressions ,
Predominance Requirement ,
Surcharges ,
Unfair or Deceptive Trade Practices
The cannabis industry is rapidly expanding in the United States, with multiple jurisdictions and corporations seeking to accommodate the evolving cannabis market. Carlton Fields attorneys Kevin McCoy and Jennifer Tschetter...more
8/7/2019
/ Agricultural Sector ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Compliance ,
Controlled Substances Act ,
Farm Bill ,
Hemp ,
Marijuana ,
Marijuana Related Businesses ,
Marijuana-Infused Edibles ,
Recreational Use ,
USDA
The Florida Legislature passed Florida’s version of the 2018 Farm Bill authorizing hemp production and removing hemp from Florida’s list of controlled substances. Gov. Ron DeSantis is expected to sign the bill and make it...more
Deposition testimony plays a powerful role in case resolution. Themes are developed, admissions are gathered, and claims and defenses are vetted. Depositions are also a great opportunity to size up how a witness will “play”...more
Federal funding is the grand prize for higher education research institutions. Each year, the federal government pumps hundreds of millions of dollars in research grants and awards into the university system. These funds are...more
12/6/2016
/ Department of Justice (DOJ) ,
Educational Institutions ,
False Claims Act (FCA) ,
False-Certification of Conformance ,
Federal Funding ,
Fraud ,
Higher Education Act ,
Online Education ,
Research Funding ,
Title IX ,
Universities ,
Whistleblowers
The Florida Legislature recently responded to growing concerns over public corruption in the state of Florida by amending Florida’s Anti-Corruption Act (FACA). The changes take effect October 1. This paper outlines...more
Police body cameras are the hot new item on the procurement “wish lists” of law enforcement agencies at all levels of government. Following well-publicized police encounters with citizens throughout the United States,...more
What is the state? Before the summer of 2015, there were two schools of thought on the answer to this question in the context of the Florida False Claims Act (FFCA). The first was advanced in a February 2014 Florida Bar...more
Last week, the Florida First District Court of Appeal issued a decision of first impression confirming the controlling role that the Attorney General’s office plays in the life, or death, of a whistleblower action in Florida....more