First Annual Summary of Precedential Rulings and litigation Trends
This year, we introduced a new session at CLI! Each year we will review significant cases that have been adjudicated and establish precedent or provide insight into persuasive arguments. For litigators and transactional attorneys alike: learn the case law that impacts your practice from the top experts in the industry in a format that allows us to identify the most current trends, takeaways, and risks for our clients.
This year, we focused on the broad categories of Tax, Labor, Medical Cannabis, Constitutional Issues, and International. Each area is addressed by an expert practitioner and the discussion is moderated by Sam Reisman, Senior Cannabis Reporter at Law360 and Christopher Davis, Executive Director at INCBA
Launched the Cannabis section for Law360. I write quick hits and longer analyses on the laws, regulations, and court battles in the world of legalized marijuana. I focus on the emerging body of cannabis caselaw, tracking state marijuana reform legislation, and how lawyers that work with the industry have navigated the tensions between federal and state policy.
Experienced attorney, compliance professional, and business strategist with a focus on all things that live at the intersection of law and cannabis.
My position as the leader of the International Cannabis Bar Association allows me to see the complex legal landscape of the cannabis industry emerge in real time at the local, state, federal, and international level. My background in complex financial regulation gave me the tools to understand and unwind complex regulatory structures and my deep curiosity around emerging markets drives me to explore and understand the unique rules, opportunities, players, and iterations of the developing cannabis industry.
|Michael oversees Hiller, PC's National Cannabis Practice. In 2018, he was named America’s 420 Advocate of the Year by Canna-Gather, received the International Hope Award by the Cannabis Business Association, and was named one of the 30 Most Powerful Cannabis Litigators in America by Mg Retailer Magazine. Michael has been named a SuperLawyer by SuperLawyer Magazine every year since 2010, and served as lead counsel in the legalization lawsuit and appeal, Washington v. Barr -- a case that went all the way to the U.S. Supreme Court and ultimately received the support of 19 nationally-recognized organizations and seven members of Congress. A retired member of the faculty at John Jay College of Criminal Justice as a Professor of Constitutional Law, Michael is a fierce advocate and widely recognized leader in the cannabis space.
In addition to his cannabis law work, Michael has received the Grassroots Preservation Award for his preservation of city, state and federal landmarks; has been named a Life Member of the Million Dollar and Multi-Million Dollar Advocates Forums for his successful trial work; and is a designated Mediator for the New York State Supreme Court. Before his admission to the Bar, Michael was a professional musician, and an artist-in-residence at NYC's legendary The Bitter End.
Extensive experience working on tax controversies as a CPA and attorney. This experience began when I was working as a CPA handling all income tax audits for a Fortune 500 company. My controversy experience continued while in law school, when I worked with KPMG's National Tax Controversy group. During this time, I handled a wide range of controversy issues, including many complicated listed transaction issues active at the time. Since joining Baker in 2004, I have continued to handle controversy matters on behalf of Baker's clients.
Through my education and experience, I have well-developed tax planning capabilities and can advise clients on the implementation of sophisticated tax strategies. This experience dates back over fifteen years to my work in public accounting. I can tackle any issue, no matter how complex, and help clients determine the proper tax treatment. When you combine this with my controversy experience, I always have an eye toward preparing current documentation that will provide for successful defense and alleviation of penalties if an issue is audited.
Kai has been a business and corporate lawyer in Germany for almost 17 years gaining wide range of experiences in the process. He is very familiar with the interconnectivity between national and European regulations, especially in regard to consumer protection, product safety and emerging new cannabis products. He has engaged in advocacy relating to cannabis beginning in early stages of his studies at Philipps University Marburg when the German Supreme Court ruled that small amounts of cannabis should not be criminalized. After medical cannabis was legalized in Germany, Kai started a legal blog (canna-biz.legal) on all the relevant new developments in the emerging cannabis market and became a legal expert especially for CBD products.
He regularly speaks at international cannabis conferences on topics of the German and European legal framework. Lastly, he spoke at the Cannabis Expo in Johannesburg, at the ICBC 2021 in Berlin and at the ICBC and CB Expo 2021 in Zurich on the legal framework for a future recreational cannabis market in Germany. He regularly publishes articles in BusinessCann and German law journals. Kai and his law firm KFN+ advise major CBD and medical cannabis companies, as well as companies interested in the emerging recreational cannabis market.
Kai is also legal advisor to the European Industrial Hemp Association (EIHA), which is working on a Novel Food joint application for different CBD products.
Memberships: German Bar Association (DAV), International Cannabis Bar Association (INCBA, Member of Advisory Board), European Industrial Hemp Association (EIHA), German Hemp Association (DHV), Law Enforcement Against Prohibition (LEAP Germany), Branchenverband Cannabiswirtschaft (BvCW).
Born in Löhne/Westf. in 1972, studied law at the Universities of Marburg, Adelaide (Australia), Cologne, legal expert at the press center of the German Federal Diet, worked for the Berlin District Court, for the Director of Public Prosecution in Berlin, for the Office for the Protection of the Constitution and the Hong Kong Consulate General.
Areas of Law:
Eveline Van Keymeulen is a partner in Latham & Watkins' Brussels and Paris offices and a member of the firm's Healthcare & Life Sciences Practice.
She advises multinational companies and start-ups in the pharmaceutical, biotech, medical devices, cosmetics, and food and beverage sectors on a broad variety of complex European, domestic and cross-border regulatory matters, including clinical trials, product approvals, regulatory incentives, market access, promotion and advertising, post-market obligations, and general compliance matters.
In addition, Eveline has extensive experience advising on cannabis and hemp based product regulations. She successfully challenged the legality of French hemp regulations in the first landmark case related to cannabidiol (CBD) products before the Court of Justice of the European Union (Case C-663/18, Kanavape).
Eveline is ranked in Chambers for Life Sciences Regulatory (2020) and has been recognized as a Legal 500 Rising Star / Next Generation Lawyer in Healthcare and Life Sciences (2018-2020), and as a National and Global Leader by Who's Who Legal Life Sciences (2016-2020). She has recently been awarded the European Advisory Lawyer of the Year and Impact Case of the Year awards by LMG Life Sciences (2021).
Eveline has authored numerous articles and has been a featured speaker on EU regulatory matters at prominent conferences such as the Pharmaceutical Law Academy in Cambridge. She also serves on the editorial board of the European Pharmaceutical Law Review.
In addition, Eveline has been quoted in BBC Business Daily, Bloomberg, The Times, Les Echos, and other leading international business journals on life sciences regulatory and policy matters.
A partner at Gowling WLG since 1999, Kelly Gill is best known for his intellectual property litigation practice, particularly in the areas of trademarks and unfair competition. Kelly is past leader of the firm's Trademarks, Brands & Designs and IP Litigation & Strategy groups.
Kelly is ranked as a leading IP lawyer by some of the world's foremost legal directories, such as the Canadian Legal Lexpert Directory, Who's Who Legal and The Best Lawyers in Canada. The 2015 World Trademark Review 1000 ranks Kelly as one of the top trademark litigation counsel in Canada, stating that he "never misses a trick and just doesn't let up. He is a forceful advocate and skilled litigator."
Kelly has appeared before all levels of court in Canada and served as counsel on two of the Supreme Court of Canada's most important trademark and copyright decisions: Masterpiece Inc. v. Alavida Lifestyles Inc. (2011 SCC 27) and CCH Canadian Ltd. v. Law Society of Upper Canada (2004 SCC 13).
Kelly is the author of numerous publications, most notably Fox on Canadian Law of Trademarks and Unfair Competition (4th edition). This two-volume text, first published in 2002 and updated each year since, is considered the leading trademark law authority in Canada. It has been cited by every level of court, including the Supreme Court of Canada in all of its trademark judgments since publication.
Kelly is also an adjunct professor and sits on the Advisory Board of IP Osgoode at Osgoode Hall Law School.
Brandon Wyatt is a decorated army combat soldier and disabled veteran. He received his J.D. from Howard University School of Law and is admitted to practice in Maryland. Mr. Wyatt is a member of the Board of Directors of the Minority Cannabis Business Association and currently serves as the organization’s Secretary. His legal career has included drug and civil rights policy work at the U.S. Customs and Border Patrol, delivering both state and federal labor and employment representation, conducting investigations, writing final agency decisions, facilitating contract negotiation and interpretation, small business and entrepreneurial development, real estate development and management, ensuring compliance settlement/coordination within federal courts and administrative agencies and providing representation at arbitration.
In 2014, Mr. Wyatt and partners Todd Hughes and James Smaugh founded the Washington, D.C. firm EntreVation (Entrepreneurship + Innovation) to foster corporate social responsibility and advocate for veteran and minority access to medicine and business in the cannabis industry. The EntreVation team has sponsored and produced numerous events and classes and has met with federal and state legislators, business owners, representatives of law schools, the Department of Veterans Affairs, the White House and many others to discuss and advocate for equity in the industry.
Since 2016, he has been awarded multiple grants to assist the Maryland state cannabis program address diversity-related issues and has taught several state-funded cannabis applicant workshops as well as lectured for Patients Out of Time and the Weed for Warriors Project.
Abbey Roudebush, ASA’s Director of Government Affairs, leads ASA’s policy work on the state and federal levels. She has almost a decade of experience with cannabis policy and in advocating for patients on a range of access to care issues. Prior to joining ASA, Abbey spent four years at the Epilepsy Foundation, leading the Foundation’s cannabis policy work. She has extensive experience working with state-level stakeholders, and has authored and passed bills in over a dozen states. Abbey started her career working on state-level advocacy in New York and was involved in the passage of the New York Compassionate Care Act in 2014. Abbey is passionate about cannabis policy, civil rights, health equity, and disability rights. At ASA, she is excited to bring all of her interests together and continue fighting for medical cannabis patients across the country.