On Demand

Disputes and Litigation with the Regulators


Average Rating:
   5
Category:
Administrative Law |  Licensing and Permitting |  Regulatory |  Litigation |  Insurance |  Medical/Healthcare/Access |  Policy
Faculty:
Michael Hiller |  Chelsie Spencer |  Joanne Caceras |  Shane Pennington |  Tom Haren
Duration:
1 Hour
Format:
Audio and Video
SKU:
INCBA102220DI
License:
Access for 6 month(s) after purchase.



Description

Many jurisdictions require applicants to engage in a competitive licensing process – and, as we all know, in a competitive process, there are winners and losers. Sometimes the winners don’t deserve to win, and sometimes the losers don’t deserve to lose. Take a look at how you can fight back when things don’t go your client’s way – from challenging the process to suing your jurisdiction, and everything in between.

Credits


General

This program is eligible for 1 hours of General CLE credit in 60-minute states, and 1.2 hours of General CLE credit in 50-minute states. Credit hours are estimated and are subject to each state’s approval and credit rounding rules. 

INCBA webinars are eligible for credit in the following states: AR, AL, AK, AZ, CA, CO, CT,DE, GA, HI, IL, IN, MN, MS, MO, NV, NH, NJ, NM, NY, NC, ND, OH, OR, PA, TN, TX, UT, VT, WV, and WI . Additional states may be available for credit upon self-application by attendees. States typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program.

INCBA on demand programs are eligible for credit in the following states: AR, AL, AK, AZ, CA, CO, CT,DE, GA, HI, IL, IN, MN, MS, MO, NV, NH, NJ, NM, NY, NC, ND, OH, OR, PA, TN, TX, UT, VT, WV, and WI . Additional states may be available for credit upon self-application by attendees. States typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted.

For current accreditation status, please select your jurisdiction below.



Handouts

Faculty

Michael Hiller's Profile

Michael Hiller Related seminars and products

Founding Member

Hiller PC


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.


Chelsie Spencer's Profile

Chelsie Spencer Related seminars and products

Principal Cannabis & Hemp Attorney

Ritter Spencer PLLC


Chelsie Spencer is a cannabis and hemp attorney. She is a founding member of Ritter Spencer PLLC. Chelsie practices in the areas of medical marijuana and hemp and represents clients across those industries for their business law and compliance needs. Chelsie represents all facets of the cannabis and hemp industries, including dispensaries, growers, processors, manufacturers, retailers, and more. Forbes Magazine dubbed Chelsie the “rare friendly face in the midst of a cutthroat CBD hurricane, the person you want on speed dial when things turn sour” for her work in the cannabidiol (CBD) industry. In addition to navigating complex issues and transactions in these highly regulated industries, she frequently writes, speaks, and presents on issues affecting these industries at conferences and forums across the United States.

 

Chelsie’s practice also focuses on transactional issues in commercial law and in intellectual property. Chelsie has secured registration of numerous federal trademarks and copyrights for her clients and manages worldwide trademark portfolios, in addition to handling trademark and copyright licensing, consent, coexistence, and assignment agreements for a variety of industries.

 

Chelsie’s litigation experience includes enforcing and defending claims of copyright infringement, trademark infringement, patent infringement, false designation of origin, trade secret misappropriation, breach of contract, and tortious interference with contract, among others. She is licensed in both Texas and Florida and has represented clients in federal and state litigation throughout the nation, at both the trial and appellate level. She has tried numerous cases to verdict in both state and federal courts and has secured dismissal of multiple federal lawsuits.


Joanne Caceras's Profile

Joanne Caceras Related seminars and products

Dentons


Joanne counsels clients in the cannabis industry to attain their business objectives while avoiding legal risks in this rapidly evolving regulatory environment. This includes advocating full-time for clients in, or impacted by, the state-legal cannabis industries and tensions with federal law. Current clients include large publicly traded companies selling products or services into the cannabis industry, companies involved in financing the industry, vaporizer manufacturers, and a company operating dispensaries in several states. Joanne is a member of the Health Care group and works with colleagues in other practices to provide counseling and compliance advice on numerous other laws applicable to these evolving businesses, from laws governing the employment relationship to laws protecting intellectual property rights.

 

In her prior practice, Joanne also represented clients in complex commercial litigation matters in federal and state courts, as well as in other forms of alternative dispute resolution. Joanne has handled all stages of litigation, from responding to a complaint, offensive and defensive discovery, expert discovery, motions practice, dispositive motions, settlement, and trial. Through her pro bono work, Joanne has successfully secured the rights of multiple asylum seekers and secured a favourable settlement for an incarcerated client alleging civil rights violations in federal court.


Shane Pennington's Profile

Shane Pennington Related seminars and products

Associate

Yetter Coleman LLP


Shane’s practice is focused on appeals and regulatory litigation for clients in a diverse array of industries, including energy, shipping, aviation, pharmaceuticals, and healthcare. Recent matters have involved challenges to federal agency action under the Administrative Procedure Act, preemption issues under the Airline Deregulation Act, and EPA rule-making challenges under the Clean Air Act. Drawing on his experience as a former law clerk to judges on both the U.S. Court of Appeals for the D.C. Circuit and the U.S. Court of Appeals for the Fifth Circuit, Shane’s unique insights can also assist clients that may be evaluating potential or pending cases involving complex regulatory issues.

Shane received his J.D. from The University of Texas School of Law with high honors and served as both the Articles Editor for the Texas Law Review and as Managing Editor of Texas Review of Law and Politics. He completed three clerkships, including with the Honorable Royce C. Lamberth, then-Chief Judge of the United States District Court for the District of Columbia, the Honorable Jennifer Walker Elrod of the United States Court of Appeals for the Fifth Circuit, and the Honorable David B. Sentelle, then-Chief Judge of the United States Court of Appeals for the District of Columbia Circuit.

Shane is recognized as "One to Watch" by Best Lawyers in America® and as a “Texas Rising Star” in Appellate Law by Thomson Reuters’ Super Lawyers. He is a published author on emerging issues in administrative law and founded admin.law, a blog where he comments on important happenings in administrative law in the U.S. Court of Appeals for the Fifth Circuit. He is also part of Yale Journal on Regulation’s Notice & Comment blog where he provides regular commentary and insight on a wide variety of administrative law issues. 

Prior to joining the firm, Shane was an associate with Baker Botts.


Tom Haren's Profile

Tom Haren Related seminars and products

Partner

Frantz Ward


Tom represents growing businesses at each stage of their development, and is regularly asked to serve as outside general counsel for his clients. In that role, Tom advises his clients with respect to innumerable legal issues, including regulatory compliance, corporate governance, contract negotiations, risk management, litigation and other day-to-day business issues. He often works with his clients to overcome short-term regulatory and financial uncertainty to achieve long-term success in developing markets. As a result, Tom is one of the most sought after attorneys serving the Ohio and national cannabis industry, in which he represents licensed operators in medical and adult use markets, ancillary service providers, and companies operating in the hemp industry. As a former nominee for the State Senate, Tom also knows how important it is to build consensus at the local and State level to further clients' interests. He is an avid contributor to various local and national media outlets and often shares his expertise by speaking at industry conferences and events. Tom regularly provides pro bono litigation services to indigent clients, as well as clients facing defamation claims based on constitutionally-protected online speech.


Alternate Options

USDA vs State Rules
Original Program Date: 10/20/2020 - SKU INCBA102020US
The Shake-Out Since the Farm Bill
Original Program Date: 10/20/2020 - SKU INCBA102020TH
Application, Process, and Best Practices
Original Program Date: 10/22/2020 - SKU INCBA102220AP

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Total Reviews: 2

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