News & Analysis as of

Illegality Defense

Cooley LLP

Illegality Doctrine Rejected in Legal Cannabis Patent Case, Confirming Patent Enforceability

Cooley LLP on

As the industry for cannabis that is legal under state and/or federal law continues to expand, a flurry of court cases in recent years have addressed whether these businesses can utilize the federal courts to vindicate their...more

McGlinchey Stafford

MedMen’s Illegality Defense: Will the Court Take the Case?

McGlinchey Stafford on

Can claiming you broke the law get you out of a contract? Illegality And Unforceability- MedMen – a Canadian corporation, and one of the best-known names in marijuana – recently made headlines for pulling an old trick:...more

Farrell Fritz, P.C.

The “Illegality” Defense to Partnership Formation

Farrell Fritz, P.C. on

Food trucks have become as ubiquitous on the streets of Manhattan as pigeons in Central Park. Unsurprisingly, the New York City food truck business is highly regulated, requiring licensure of those participating in the...more

Conyers

The Law on Illegality in the British Virgin Islands: The BVI’s take on Patel v Mirza 2016 UKSC 42

Conyers on

“…the law on illegality is not entirely clear in this jurisdiction.” This was the position expressed by BVI Commercial Court Judge, Justice Adrian Jack in his judgments of 17 June 2021 and 15 February 2022 in Briefline...more

Conyers

Illegality as a defence under Cayman Islands, British Virgin Islands, and Bermuda law: a comparison with English law and Hong Kong...

Conyers on

The general doctrine of ‘illegality’, in commercial litigation, is based on two related principles: • Firstly, that no person should benefit from his or her own illegal act or wrong; and • Secondly, that the law (and the...more

BCLP

Absolute Payment Obligations, Frustration & Stay of Execution - Latest Developments

BCLP on

In a decision handed down at the end of April, the Commercial Court, in Wilmington Trust SP Services (Dublin) Ltd and others v Spicejet Ltd [2021], has provided guidance on the English law doctrines of illegality and...more

Bradley Arant Boult Cummings LLP

Why Your Cannabis Contracts May Be Unenforceable Even if State Law Says Otherwise

Few industries promise rapid growth equal to that of the cannabis industry, with one study projecting the industry could reach $30 billion in annual sales by 2025. This growth continues to accelerate as more states legalize...more

Harris Beach Murtha PLLC

Legalization of Hemp Will Give Businesses More Recourse and Certainty in Court

Harris Beach Murtha PLLC on

The 2018 Farm Bill, once signed into law, is expected to have a liberating effect on hemp and hemp-related businesses. Some of the impacts of this legislation are clear, such as opening the industry to new entrants and making...more

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