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Drafting Dispute Resolution Clauses in Cannabis Contracts
A practical guide on pointers and pitfalls in crafting ADR clauses in contracts to save your clients time and money. The panel will discuss everything from choice of law, venue selection, arbitrator qualifications, "cooling off" and mediation requirements, discovery provisions and appellate options. The panel will provide real world examples of contract provisions and arbitration budgets, so that you can help guide your client or business into whatever dispute resolution forum that will maximize their chances for success and a swift, cost-effective resolution. A well-constructed dispute resolution clause can provide certainty by defining the process prior to a dispute.
Phillip Neiman, Mediator & Arbitrator | Counsel - AI, Data Privacy, NeimanADR
Phillip Neiman, Esq. FCIArb, AIGP, CIPP/US, CIPP/E, CIPM is a mediator and arbitrator, specializing in the resolution of complex business and commercial disputes. He devotes much of his practice to securities and investment-related cases, including shareholder, partnership and M&A disputes, and has substantial experience in a range of other areas, including employment, data privacy, IP, real property, professional liability and privacy tort cases, as well as fintech, cryptocurrency and cannabis sector disputes. Prior to establishing his ADR practice, Mr. Neiman spent a decade as CEO and General Counsel of a FINRA-registered broker-dealer.
Mr. Neiman holds a B.A. in Economics with high honors from Swarthmore College, a J.D. from the University of California, Los Angeles School of Law and is a Fellow of the Chartered Institute of Arbitrators. He also holds AIGP, CIPP/US, CIPP/E and CIPM certifications from the International Association of Privacy Professionals (IAPP).
Based in San Francisco, Mr. Neiman hears cases nationwide and is available to conduct remote mediations and arbitrations on multiple platforms.
Chuck Menahem Kanafi, Principal, kanafilaw
Ambassador Menahem (Chuck) Kanafi is an advocate and third-party neutral focusing on resolving cross-border commercial disputes with experience in India, the US, Israel, Africa and Germany. He studied law at the Hebrew University of Jerusalem and served as an Appellate Prosecutor and Senior Civil Law Counsel in government. Thereafter, Chuck embarked on a three-decades long diplomatic career including legal, political and UN functions, culminating with ambassadorial posts in Ghana, Eritrea and as Consul-General in South India.
Upon retirement from the Foreign Service, Chuck established himself in private collaborative legal practice concentrating on mediating disputes in international trade and legal aspects of the medical cannabis industry, specifically focusing on international commercial disputes. Chuck is admitted to practice in Israel and New York State and in Israel and maintains a presence in New York, Berlin and Tel Aviv. Chuck serves on the Advisory Boards of a number of educational ADR initiatives in India, has served as a judge in international mediation competitions, is a member of the International Committee of the International Cannabis Bar Association, and has moderated panels at their Cannabis Law Institute 2019.
Diana Kruze, Neutral​ Judicate West, ADR by Diana
Diana Kruze is a full-time mediator, arbitrator, and discovery referee with Judicate West, focusing on business, intellectual property, technology, and health care cases. She has successfully resolved both small family matters and multi-million-dollar cases around the world.?
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Prior to becoming a neutral, Diana was a litigation partner at Morrison & Foerster, where she tried and settled complex disputes in everything from patent cases to adoption disputes. She was then appointed as a full-time judicial officer with the California Superior Court, where she presided over civil cases, the restraining order calendar, and discovery matters. As a former judicial officer, Diana has hands-on experience helping parties resolve their disputes and crafting well-reasoned legal opinions after careful consideration of all arguments and the governing law.?
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Diana is a San Francisco native and mother of three young children, two dogs, five chickens and a hamster named Boba. She loves fishing, boxing, dollhouses, losing money playing Poker, and binge-watching Ru Paul’s Drag Race and the Wire.
