Cannabis Litigation vs. Arbitration
By Jennifer Cabrera
Nov 20, 2020
While it’s best to avoid litigation and arbitration in the first place, disputes happen and are occurring more frequently in the maturing cannabis sector. Here's a primer on both.
Litigation & Arbitration
From business divorce, to shareholder disputes, to consumer claims, disputes can arise as companies raise funds, scale quickly, and move to market. They are often the cost of doing business, especially in the fast-paced cannabis and hemp industries. Whether you find yourself in court or in arbitration, you need a trusted advocate who understands the interplay between dispute resolution and cannabis law.
Vicente Sederberg LLP's experienced litigation and arbitration team include attorneys licensed to practice in California, Colorado, Connecticut, Massachusetts, New Jersey, New York, Pennsylvania, and Rhode Island. They have appeared before state and federal courts and understand the jurisdictional complexities that are unique to cannabis and hemp. We also partner with other law firms that require specialized cannabis counsel.
Our attorneys also know when mediation is most likely to be successful. We have deep experience with alternative dispute resolution and have represented clients in arbitrations under all major rules, including AAA/ICDR, CPR, JAMS, and various local institutions.
Services
VS helps clients with the following types of disputes, among others:
- Contract breaches, including anticipatory breach and failure to perform
- Business fraud and misrepresentation
- Consumer liability
- Products liability
- Disputes involving insurance policies
Once a lawsuit or arbitration is filed, parties can face many jurisdictional and administrative questions that can affect the outcome of the entire case. Our experienced advocates help businesses navigate questions including:
- Choice of forum
- Enforcing contractual consent to arbitration
- Selecting an experienced arbitrator and coordinating with opposing counsel on choice of a chair
- Bringing and defending against dispositive motions
- Managing time and cost in discovery
- Choice of law analysis
Experience
- Represented an investor group in buyout negotiations with former business partners relating to an adult-use license and associated properties
- Represented cannabis manufacturer in a contract dispute with vendor
- Represented shareholders in negotiating ownership stake in successor entity holding vertically integrated adult-use cannabis licenses
- Defended various product manufacturers in toxic tort litigation in Massachusetts and Rhode Island
- Represented shareholder in contract dispute with joint venture partner in arbitration under ICC Rules, including multiple briefing rounds and full hearing on merits
- Represented consultant in contract dispute with investment fund also involving federal securities and investment law claims in arbitration under AAA Rules
- Advised multiple clients in responding to third-party subpoenas issued pursuant to federal and state litigations
- Defended multiple business owners against consumer protection claims in state and federal courts
- Successfully litigated insurance coverage declaratory judgment actions to secure judicial determination of parties’ duties and obligations under insurance contracts
- Represented numerous property owners in defending against premises liability claims
People
News
Webinar: Challenging a Cannabis License Denial
Oct 27, 2020
If you operate in the cannabis industry, chances are you’ll need to challenge a regulatory decision at some point. Watch this session to learn about your options.
Jennifer Cabrera Slated to Present Cannabis Litigation Session at NECANN Online
Sep 3, 2020
Jennifer will present "Litigation is Coming! What Cannabis Businesses Need to Know Now" at NECANN Online on September 26, 2020.
California Hemp Company Files Lawsuit Against Colorado Hemp Seed Producer
Sep 2, 2020
Exotic Canopy Solutions LLC, represented by Vicente Sederberg LLP, filed a complaint against Eastern Colorado Hemp Operations, Inc. and Curnativ Farms LLC.
Brian Vicente to Speak at ADTA Denver Annual Meeting
Aug 31, 2020
VS founding partner Brian Vicente will discuss litigation and regulation in the cannabis industry as part of the Association of Defense Trial Attorneys Denver Annual Meeting.
Jennifer Cabrera Discusses Cannabis in Interview with New York Real Estate Journal
Jul 30, 2020
Watch this to hear about unique business issues in the cannabis industry, including real estate difficulties, in this interview with Rick Kaplan of NYREJ.
Lessons Learned from Recent Hemp and CBD Litigation: They Went to Court so You Can Stay Home
By Michelle Bodian, David Kramer
Jul 13, 2020
The past year has seen an uptick of hemp and CBD-related lawsuits across the country. This article explores the valuable lessons for hemp and CBD businesses to learn from a few of the cases.
How to Prepare for Cannabis Business Ownership Disputes in Colorado
By Justin Johnson
Jun 19, 2020
Many licensed Colorado marijuana businesses unfortunately experience disputes among their owners. Reasons vary, but almost all of them trigger regulatory issues that must be navigated.
In the Media
- JD Supra, "Part 2: Fourth Annual State of the Cannabis Industry Conference – Roadmap to Restructuring and Workouts in the Cannabis Industry," November 9, 2020
- Law360, "Hemp Co. Says Colorado Grower Owes $20.5m for Bad Crop," August 20, 2020
- Cannabis Business Times, "Adult-use Cannabis Dispensary Shutdown in Massachusetts 'catastrophic' for Industry," April 27, 2020