Potential Pitfalls with Adult-Use Cannabis: What Both Employers and Employees Should Know

March 5th, 2023|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page|Tags: , , , , , , , , , , |

The Authors Adam R. Dolan (adolan@gllawgroup.com) is a partner with Gfeller Laurie LLP, a tested litigator with a multifaceted practice, he has extensive experience handling catastrophic transportation, general liability, and products liability matters. He is a frequent writer and speaker on topics related to the cannabis industry. Kaylee E. Navarra (knavarra@gllawgroup.com) is an associate with Gfeller Laurie LLP where she works on matters involving commercial disputes, bad faith/ extracontractual liability, and insurance coverage. Interviews with leading attorneys and other subject matter experts on new twists in the law and how the law is responding to new twists in the world. Potential Pitfalls with Adult-Use Cannabis: What Both Employers and Employees Should Know "Employers may also take action when the employee, while working, manifests specific articulable symptoms of cannabis impairment that decrease or lessen the employee’s performance of the employee’s tasks or duties and/or the employee, while working, manifests specific articulable symptoms of cannabis impairment that interfere with the employer’s obligation to provide a safe and healthy workplace as required by state and federal workplace safety laws." Abstract: Recreational cannabis use for adults is legal in 21 states, having made its way eastward from Western jurisdictions that first addressed the issue. But these laws govern personal use during personal time. While they [...]

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Taking the High Ground: Where Cannabis Insurance Litigation Is Trending (and Why)

May 23rd, 2022|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Tort Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page, Tort Litigation|Tags: , , , , , , , , , , , |

The Authors John B. McDonald is an experienced litigator practicing in the Seattle and New York offices of Harris Bricken, where he represents clients in complex commercial, insurance, and partnership matters. Jihee Ahn is an experienced complex commercial litigator with Harris Bricken. She also chairs the firm’s Dispute Resolution/Litigation practice. Interviews with leading attorneys and other subject matter experts on new twists in the law and how the law is responding to new twists in the world. Taking the High Ground:  Where Cannabis Insurance Litigation Is Trending (and Why) "Absent a choice of law provision, the location where most of the insured activity took place will likely dictate which law applies. But how have federal courts reacted to applying cannabis-friendly state law in a forum where federal law arguably addresses underlying state concerns? The answer is: inconsistently." Abstract: The use and possession of cannabis remains illegal under the federal Controlled Substances Act. But a patchwork of state laws is bringing the country closer to some form of legalization. Some states allow its use for medical purposes, others have made it legal for recreational purposes, and others have decriminalized it. But when cannabis is involved in disputes that lead to litigation, and that litigation leads to policyholder–insurer disputes, that state law [...]

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Cannabis Coverage Litigation with John McDonald and Jihee Ahn

May 23rd, 2022|Categories: ELP, Emerging Litigation & Risk, HB Emerging Law Notes|Tags: , , , , , , , |

Our Guests John B. McDonald is an experienced litigator practicing in the Seattle and New York offices of Harris Bricken, where he represents clients in complex commercial, insurance, and partnership matters. Prior to joining Harris Bricken, John spent two years in Seattle with the Office of Chief Counsel, U.S. Customs and Border Protection (a component agency of the Department of Homeland Security), and five years in New York City at O’Melveny & Myers LLP, where he managed several cases. John graduated from the University of Miami School of Law, where he was an editorial member of the University of Miami Law Review. He also served as a research assistant for Professor Charlton Copeland on civil procedure and constitutional issues. Jihee is an experienced complex commercial litigator and chair of Harris Bricken’s Dispute Resolution/Litigation practice. She primarily represents clients in business, intellectual property, and real estate matters for both domestic and international clients. Having worked extensively in both federal and state courts, Jihee advises her clients from case intake through arbitration and trial. Over the course of her career, she has successfully prepared and argued numerous procedural and substantive motions, regularly conducted and defended depositions, and mediated disputes when appropriate for her clients. Prior to joining Harris Bricken, Jihee worked at Baker & Hostetler in Los Angeles, where she served as [...]

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Cannabis Industry Competition Law with Ausra Deluard and Jennifer Oliver

July 4th, 2021|Categories: ELP, HB Emerging Law Notes|Tags: , , , , , , , , , , , , , , |

Attorneys Ausra Deluard and Jennifer Oliver on Cannabis Industry Competition Law What can legitimate cannabis companies do to level the playing field, not only against others who walk the straight and narrow, but dealers still thriving on the black market? It was my pleasure to interview Ausra Deluard and Jennifer Oliver for what was an informative and even surprising podcast. It's based on their article -- Clearing the Haze: State Laws and Private Plaintiffs Critical to Preserve Competition in Cannabis -- which will be featured in the inaugural issue of the Journal on Emerging Issues in Litigation, which will release in January 2021. Ausra, who is an attorney with the global law firm Dentons LLP, has spent more than a decade advising clients in a range of antitrust matters including merger investigations, competitor collaborations, and pricing and distribution policies. She works closely with cannabis clients to help them navigate the rapidly evolving cannabis laws and regulations throughout the U.S. Jennifer is a partner at national antitrust boutique MoginRubin LLP, where she litigates and advises clients on competition issues.  Her work includes representing classes of plaintiffs in class actions, risk mitigation and regulatory advice in mergers and acquisitions, and other complex business litigation. Check out the MoginRubin Blog. The Journal is a collaborative project between [...]

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