Category Archives

California’s Subscription Renewal Law About To Change

On July 1, 2018, California’s subscription auto-renewal law is about to change in a couple of important ways. This law applies to e-commerce vendors who sell to consumers on a subscription basis, where the subscription renews automatically. For example, companies that offer subscription box services are generally subject to this Read More

California Adopts New Independent Contractor Test

In a recent case, the California Supreme Court adopted a new standard for determining when a worker is an independent contractor, and when a worker is an employee. This is a major departure from how workers have been classified in the past, and will have far-reaching effects on employment and Read More

Trump Makes Commitment to Protect State-Legal Cannabis Programs

Senator Cory Gardner (R-Colorado) released a statement on April 13 that he has obtained a commitment from President Trump that Department of Justice will not target Colorado’s (and presumably other states’) legal recreational marijuana industry. As you may recall, Attorney General Jeff Sessions issued a memorandum in January that effectively Read More

New Cannabis Business Law Practice

We are pleased to announce that we have added a new Cannabis Business Law Practice to our firm. Now that Ohio has legalized the sale of medical cannabis, and California has legalized adult-use and medical cannabis, we have extended our service offerings to this fast-growing segment. Companies and entrepreneurs operating Read More

Disclosing Risks to Investors In Your Cannabis Business

Medical marijuana is now legal in Ohio, and both adult-use and medical marijuana are now legal in California. Many companies that have received or are seeking licenses for cultivation, processing, and retailing of cannabis products, are also trying to raise funding from various sources. Because cannabis is still a Schedule Read More

Trump Administration Jeopardizes Legal Cannabis Industry

News sources are reporting that Attorney General Jeff Sessions plans on rescinding the Cole Memo, an Obama-administration policy statement that essentially took a federal hands-off approach toward cannabis businesses that are legal and compliant under state law. The Cole Memo provided a moderate amount of predictability for these medical and Read More

Random Thoughts on Medical Marijuana in Ohio

Some random thoughts as Ohio begins to roll out its medical cannabis program… Number of Retail Locations Ohio has authorized very few retail locations so far. Here are the 4 most populous counties in Ohio (as of 2015), with the number of dispensaries that are authorized for each: Cuyahoga County Read More

Will Trump Kill the LLC?

There is an interesting provision in Donald Trump’s tax reform proposal. Specifically, he proposes to lower the corporate tax rate to 20%, while setting the maximum tax rate for LLC’s and S-corps at 25%. In essence, his proposal would penalize businesses that elect a pass-through entity structure over the traditional Read More

The Myth of the S-Corporation

I often hear potential clients say things like, “I want to form an S-corp,” or “should I form an LLC, S-corp, or C-corp?” This illustrates a very common misunderstanding about the nature of an S-corp. In today’s post, I hope to clear up this misunderstanding, once and for all. The Read More

How To Tell If Your Startup Ecosystem Is Sick

I had an interesting lunch with some fellow lawyers the other day. I know, “interesting” and “lawyers” shouldn’t be used together in a sentence, but bear with me. We were discussing venture capital deal terms we had encountered with various startup financings we had worked on. One of the other Read More