News & Analysis as of

Business and Professions Codes

Does The California Department Of Alcoholic Beverage Control Have Exclusive Jurisdiction Over All Disputes Involving The Sale Of...

by Mulcahy LLP on

The Department of Alcoholic Beverage Control has the “exclusive power […] to license the manufacture, importation and sale of alcoholic beverages in this State.” The law expressly prohibits California trial courts from...more

Proposed Trademark Classes for Cannabis-Related Marks in Doubt as California Allows Registration under Existing Classes

by Wilson Elser on

One year after Wilson Elser published an article comprehensively exploring “California’s Bill to Add Marijuana Trademark and Service Mark Classifications” and other cannabis brand-protection alternatives, the referenced bill...more

Marijuana Marketing: The Do’s and Don’ts of Cannabis Advertising in California

by Wilson Elser on

The new cannabis market is bringing with it the traditional competitive pressures on businesses to establish brands they hope will dominate the expanding industry for years to come. Advertising and marketing that runs afoul...more

Does California’s Alcoholic Beverage Control Act Provide an Independent Right to Terminate a Beer Distributor Agreement?

by Mulcahy LLP on

The recent case of Mission Beverage Company v. Pabst Brewing Company, 15 Cal.App.5th 686 (2017), explores whether California law provides an independent right to terminate a beer wholesaler’s distributor agreement and whether...more

Did The Legislature Grant A License To Lie To The Cannabis Industry?

by Allen Matkins on

An entire division of California’s Business & Professions Code is devoted to a single plant genus – Cannabis. The official name of the division is the “Medicinal and Adult-Use Cannabis Regulation and Safety Act” aka the...more

In a Win for Design Professionals, California Court of Appeals Holds That Relation-Back Doctrine Does Not Apply to Certificate of...

The year was 1995. The old guard was still in power in Sacramento. “Button-Down” Pete Wilson was Governor. Willie Brown, the self-nicknamed “Ayatollah of the Assembly,” was Speaker of the Assembly. And Bill “Huggy” Lockyer...more

Unlicensed Contractor Shoots for the Stars . . . Sputters on Takeoff

Elon Musk . . . Eccentric engineer. Technology billionaire. And, now, litigation bad ass. Frequent readers of the California Construction Law Blog know that we’ve talked about the importance of being properly...more

En Banc Opinion Could Set Precedent for Tied-House Laws

by McDermott Will & Emery on

On June 14, 2017, the en banc (full) Ninth Circuit Court of Appeals issued the attached opinion in the case of Retail Digital Network v. Prieto, No. 13-56069....more

California Advances PBM Licensing and “Transparency” Law

Last week, the California Assembly Committee on Business and Professions voted in favor of Assembly Bill 315. AB 315 seeks to amend the California Business and Professions Code: (a) to require PBMs to obtain licensure from...more

California’s Bill to Add Marijuana Trademark and Service Mark Classifications

by Wilson Elser on

On December 12, 2016, Assembly Bill No. 64 (AB 64) was introduced to California’s legislature, with the stated purpose of (1) furthering the intent of the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), a...more

Cities and Counties Can Regulate Billboards in Unincorporated Areas

by Best Best & Krieger LLP on

Long-Standing Questions Addressed by California Appellate Court - The Outdoor Advertising Act does not preempt cities and counties from regulating billboards in unincorporated areas, a California Appellate Court ruled....more

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