The Indispensable Role of ADR in Cannabis Disputes
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- Not yet rated
- Categories:
- Alternative Dispute Resolution
- Faculty:
- Timothy L. Alger | Lara DeCaro
- Duration:
- 1 Hour
- SKU:
- INCBA110525ADRWEB
- License:
- Expires 6 month(s) after program date.
Description
As more states regulate the use of adult-use or medical cannabis, including hemp, the quantity and variety of disputes is increasing nationwide. Many of these disputes are complex and nuanced, and may be unlike those in any other industry. Deals in the cannabis industry are often made informally, may not be properly papered, and often rely upon what we think of as traditionally unavailable or unreliable witnesses. Traditional litigation is lengthy, divisive, expensive, and risky. The cost and outcome of litigation in this industry can destroy businesses, reputations, and chances for expansion into new markets. Moreover, the parties to civil disputes are often unable to afford to take even solid cases to trial, and the winners often come up empty-handed, with uncollectible judgments because of the instability of many businesses.
In this environment, Alternative Dispute Resolution is not just an option, it is indispensable. In addition to reduced cost, mediation and arbitration offer a degree of privacy that is unavailable in the court system. As regulations and market dynamics evolve, ADR's flexibility and adaptability allows it to address novel disputes and craft creative resolutions that get to the heart of the clients' concerns. Neutrals with familiarity with the industry are uniquely positioned to help the parties reach agreements that address the needs of all involved, preserve business relationships, end disputes among neighbors, and, in some situations, lay the groundwork for future collaboration. Even where there is intense competition, ADR can help stabilize the market and regulatory issues to the benefit of all participants in the industry.
Join our experienced cannabis industry neutrals, Lara & Tim, as they review the range of disputes in this industry, the unique and changing legal landscape, and strategies for bringing disputes to an end. Attendees will also receive useful practice tools including ADR contract provisions and tips for the enforceability of settlement agreements.
Credits
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 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)
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 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)
Faculty
Timothy L. Alger Related Seminars and Products
Owner
Alger Resolutions
Timothy L. Alger is a civil litigator, mediator, and owner of Alger Law APC and Alger ADR Services. Tim makes himself available nationwide to mediate and arbitrate disputes among businesses and individuals, and is a member of the American Arbitration Association’s esteemed Roster of Arbitrators. Tim’s expertise in the cannabis industry and 33 years in commercial litigation, and extensive training and experience in mediation and arbitration, make him a valuable resource for resolution of disagreements without the high cost of litigation in court.
Formerly the head of litigation, employment law and trademarks at Google and an equity partner at three major international law firms, Tim has represented leading internet, media, entertainment and advertising companies in regulatory disputes and litigation over trademarks, copyrights, unfair competition, contracts, free speech, defamation, and privacy. In addition to his own practices as a neutral and litigator, Tim serves as of counsel to the law firm of Harris Sliwoski LLP.
Tim has represented legal cannabis businesses in civil litigation and regulatory disputes with governmental entities. Recent representations in this industry include civil litigation over trademarks, contracts, relocation of a cannabis dispensary, excessive fines on cannabis cultivators, civil rights violations by law enforcement agencies, and ownership and management disputes in cannabis business partnerships and companies.
In other industries, Tim has represented a variety of companies and individuals in disputes over corporate acquisitions, business relationships, and financial issues. His work ranges from complex, multi-defendant class actions to disputes over subpoenas and public access to government proceedings and records. Tim’s business litigation work included post-trial and appellate representation of an international office supply company, in which Tim obtained the reversal for his client of a $32 million jury verdict for fraud and breach of an advertising contract. Tim’s work also included representation in the trial and appellate courts of a billboard company that successfully challenged the City of Los Angeles’ inconsistent regulation of outdoor signs.
Tim has been an outspoken advocate for First Amendment and other civil rights for nearly five decades, both as an attorney and journalist. He was lead counsel in two watershed Ninth Circuit cases interpreting Section 230 of the federal Communications Decency Act, which provides protection to internet companies that host content created by others. Tim also successfully represented clients in the Ninth Circuit in free speech cases of first impression involving the posting of controversial content on YouTube and on online roommate and dating services. As outside counsel and during his tenure as Deputy General Counsel at Google, Tim led Google's defense against lawsuits over copyrighted material posted online without owner consent, and the use of trademarks without owner consent in internet search advertising by competitors. Tim’s team obtained complete victories in two patent jury trials in the Eastern District of Texas. Tim and Google also took leading roles during Tim's tenure in controversies over news aggregation, online piracy, privacy rights, software patents, and open source licensing.
He recently obtained the reversal in the California Court of Appeal of a court order that held his client liable for debts incurred by a cannabis delivery company prior to the client’s acquisition of the company in a reverse triangular merger. Other victories include the dismissal of a federal lawsuit challenging a social network’s decision to remove material violating the network’s policies, which was affirmed by the Ninth Circuit, and the California Court of Appeal’s holding that electronic communications cannot be disclosed by a service provider without the user’s express consent.
Tim has offices in Santa Barbara, Los Angeles and San Francisco, but appears regularly in courts throughout California and has a national practice in the federal trial and appellate courts. He holds mediations and arbitrations in-person at any of his offices or via video conferencing, and will travel when requested.
Tim is a frequent speaker on cannabis law, online intermediary liability, publicity and privacy rights, and defamation. His pro bono work has included representation of a state prisoner beaten by guards, a blind college student excluded from classes because of her disability, college newspapers, a mother and daughter subjected to excessive commercial fines for a medical marijuana garden, and public school students and parents seeking special education services.
Before attending law school, Mr. Alger was an award-winning newspaper reporter and editor.
Lara DeCaro Related Seminars and Products
Principal
Bond Legal & Dispute Resolutions PC
I am a business attorney and mediator admitted to practice in three states. I am also a co-founder, former Executive Officer and Board Member, and the current President of the Advisory Board of the International Cannabis Bar Association and a co-founder and the current Chair of the BASF Cannabis Law Section, founder of the BASF (LRIS) pro bono panel for social equity applicants, frequent speaker, podcast guest, and teacher at City College San Francisco. In 2022 I provided testimony on cannabis policy reform, upon invitation, to elected members of the Irish Parliament and their invitees at Leinster House in Dublin, Ireland. I also have significant experience in the areas of cannabis, intellectual property, commercial transactions/M&A, real estate, hospitality, and entertainment law, and have consistenly been named to Chambers and Partners top cannabis attorneys for several years.