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On Demand

Cannabis Litigation in Federal Courts

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Litigation Symposium 2023 On-Demand Bundle
Henry Wykowski |  Jason Horst |  Jennifer Fisher |  Nicole Phillis
56 Minutes
Audio and Video
Access for 6 month(s) after purchase.


As cannabis disputes have become more common in recent years several U.S. District courts, particularly in the 9th and 10th circuits have addressed cases traditionally resolved in state court.  Under these cases the District Courts have begun to develop a framework for how commercial cannabis disputes may proceed, including tests for crafting remedies etc. Several courts have sought to establish a more cohesive overall theory of how commercial litigation might work in federal court.

This panel will explore litigating cannabis and cannabis related cases in Federal Court including the pros and cons of this forum and the differences between practice in Federal vs State courts.



This program is eligible for .8 hours of General CLE credit in 60-minute states, and 1 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 generally eligible for credit in the following states: AR, AL, CA, CO, GA, HI, IL, NJ, NM, NY, ND, PA, TX, VT. 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.

The on-demand version of this webinar is eligible for credit in the following states: AR, AL, CA, CO, GA, HI, IL, NJ, NM, NY, ND, PA, TX, VT. Additional states may be available for credit upon self-application by attendees.

(Default credit disclaimer updated 02.08.2024)

For current accreditation status, please select your jurisdiction below.



Henry Wykowski's Profile

Henry Wykowski Related Seminars and Products

Trial Attorney

Wykowski Wood LLP

Henry Wykowski is a San Francisco-based trial attorney representing numerous cannabis dispensaries throughout California in tax matters. He was the tax attorney in the landmark case Californians Helping to Alleviate Medical Problems (CHAMP) v. Commissioner. In CHAMP, the IRS sought to disallow the dispensary’s cost of goods sold and expenses, and impose a tax on gross sales, thereby establishing a precedent that would tax dispensaries out of business. The CHAMP decision recognized the right of dispensaries to offset sales with cost of goods sold, a significant victory for medicinal cannabis dispensaries. Henry has spoken on tax issues at numerous events including several NORML national conferences and NCIA events.

Jason Horst's Profile

Jason Horst Related Seminars and Products

Managing Partner

Horst Legal Counsel, PC

Jason Horst is the Managing Partner of Horst Legal Counsel. Jason represents businesses, public entities, professional and nonprofit organizations, and individuals in complex civil litigation and appellate cases involving a wide variety of cannabis, real estate, contract, insurance coverage, and technology disputes. He has a proven record of success representing both plaintiffs and defendants at trial, on appeal, and in alternative dispute resolution proceedings. He prides himself in the ability to deliver creative, efficient solutions to thorny legal problems. Before opening Horst Legal Counsel, Jason worked with some of the top international and regional law firms serving clients in California. His clients receive the deep knowledge and ability of large firm counsel, combined with the affordability of a boutique law firm.Jason serves on the INCBA’s Executive Committee as Vice President of Strategic Planning. He has also been an active member of the National Cannabis Industry Association, where he serves as a member of the Policy Committee and past Chair of the Risk Management and Insurance Committee, as well as the California Cannabis Industry Association’s Risk Management Committee. Jason has been recognized as a Rising Star by Super Lawyers® Magazine and been named as one of MG Magazine’s 30 Powerful Cannabis Attorneys You Should Know.

Jennifer Fisher's Profile

Jennifer Fisher Related Seminars and Products


Goodwin Procter LLP

Jennifer Fisher is a partner in Goodwin’s Complex Litigation & Dispute Resolution practice, and a co-chair of the firm’s Cannabis practice. She is the head of the Litigation department for Northern California. She focuses her practice on litigation, including commercial litigation and white collar defense, and on cannabis law. Jennifer has represented corporations and individuals involved in a broad range of complex and high stakes litigation, legislative, and administrative proceedings.

Jennifer provides advice on regulatory and compliance issues and counsels companies involved in government investigations and civil litigation. Her experience includes the defense of corporations and individuals in both criminal and civil matters, including those involving public corruption, health care fraud, antitrust offenses, RICO, false claims, government contract disputes, homeland security and customs enforcement, and financial services.

Jennifer’s background in handling complex matters for companies in highly-regulated markets led to the development of her cannabis practice. She represents cannabis companies at every level of the supply chain, including startups and multi-state operators. Jennifer also regularly advises investors in the cannabis space and ancillary businesses providing products and services to the cannabis industry. She works closely with her cannabis industry clients to solve business problems and provide advice on regulatory and compliance issues. Jennifer represents cannabis industry clients in active litigation and arbitration, as well as government investigations and enforcement actions.

Prior to joining Goodwin in 2020, Jennifer was a partner at Duane Morris, where she led the firm’s Cannabis Industry group.

Nicole Phillis's Profile

Nicole Phillis Related Seminars and Products


Davis Wright Tremaine LLP

Nicole Phillis defends businesses and individuals in federal and state litigation, with experience in shareholder disputes, consumer class actions, and contractual claims in the media and entertainment industries. Nicole also defends companies in the food and beverage industries against consumer class actions for unfair competition and false advertising.

A former 9th Circuit law clerk for the Honorable Milan D. Smith Jr., Nicole has briefed copyright, unfair competition, and false advertising appeals before the 9th Circuit. Nicole has also consulted on 9th Circuit appeals regarding employment and discrimination-related disputes. Nicole is a member of DWT's food and beverage industry group, serves as the co-chair of Project W's "Women in Cannabis" initiative, and sits on the leadership committee for DWT's cannabis industry group, where her practice focuses on cannabis-related advertising, media, and speech issues.

In her civic and political life, Nicole is an elected official in Santa Monica, serving as a commissioner on the Santa Monica Rent Control Board. Nicole maintains an active pro bono practice, which she has devoted primarily to representing immigrants seeking lawful status in the United States.



Overall:      4.8

Total Reviews: 6