NCBA’s program consists of high-quality legal education presented by expert attorneys at the top of their respective fields. Our program content is wide-ranging, relevant, and addresses everything from the foundation of the cannabis movement to the most topical issues affecting clients in all aspects of the cannabis industry. We provide information the cannabis bar must be fluent in about the critical issues that affect industry clients.
The MJBizConNEXT conference in New Orleans (June 11), as the first set of courses in our in-person educational arc, NCBA will focus on the startup issues that most commonly face our clients. Clients initially approach their counsel to form their business, appropriately structure their enterprise, identify and procure rights to real estate, tackle state licensing and regulatory issues, obtaining insurance, protecting their intellectual property, and for help in virtually every aspect of initiating a cannabis business. With the passage of the 2018 Farm Bill, we will also do a deep dive into hemp issues.
And Don’t miss out on one of our favorite parties of the year - The Eve at Race & Religious, a wonderful venue adjacent to the Conference Center, immediately following the Cannabis Law Sessions. We will provide the drinks, the food and the entertainment, as long as you provide the good cheer!
NEW: Introducing the Lawyers Lounge!
June 12-14 on the MJBizConNEXT Expo Floor
The client development opportunities at MJBizCon are unparalleled. But as a lawyer, what's the best way to connect with potential clients and capitalize on the bounty?
This year, NCBA has secured a spot on the expo floor specifically for lawyers to meet, network, discuss legal topic with other lawyers and attendees, see excerpts from The Cannabis Law Sessions (sorry, no CLE!), and much more!
Conference attendees that sign up for a Lawyers Lounge spot beforehand will have the opportunity to share marketing materials at the lounge and treat it like their very own slice of the Expo floor.
Multiple attorneys will be present at each slot, and priority will be given to attendees of The Cannabis Law Sessions (Purchase tickets below). Sign-ups are restricted to current members, and tickets to the MJBizConNEXT Expo floor must be purchased separately ($75 discount for those that also attend The Cannabis Law Sessions).
A special thanks to our sponsors:
MJBizConNEXT and MJBizHemp
The Cannabis Law Sessions
June 11, 2019, New Orleans, LA
Key Curriculum: Startup Issues and the Status of Hemp/CBD
At the Cannabis Law Sessions, the International Cannabis Bar Association (INCBA) will be presenting six hours* of Continuing Legal Education focused on startup issues, emerging markets, and the status of Hemp and CBD under the 2019 Farm Bill. This year, INCBA’s presentation of The Cannabis Law Sessions in New Orleans will represent the first of three installments specially coordinated with MJBiz, which will largely mirror the evolution of your clients cannabis business.
*CLE Credit will be offered for select jurisdictions, based on NCBA CLE policy. Credit jurisdictions
are identified based on attendance from that particular jurisdiction.
Tickets include entry into social event following educational portion of the event, and will include
The New US Hemp Economy-State and Federal Considerations
9:00AM - 10:00AM
The historic passage of the 2018 Farm Bill changed the legal landscape for cannabis, exempting hemp from the Controlled Substances Act and shifting the regulation of its production from the DEA to the USDA. With states having the option to have primary regulatory over hemp production, and the ability to have more stringent requirements than the federal government, it is critical that businesses understand the relevant federal and state laws governing the production and sale of hemp products. With a patchwork of rapidly changing state hemp laws, continued instances of enforcement, the USDA in the process of federal rule making, FDA prohibiting the sale of CBD and other cannabinoid products, how can businesses operate in compliance with the law? Will the FDA allow CBD in food or dietary supplement products? What can businesses do as these laws are evolving? Attendees will understand the current state of the law, how it is poised to change, and how to position for compliance and success.
Courtney Moran, EarthLaw LLC
Rod Kight, Kight Law Office
Will Woodlee, Kleinfeld, Kaplan, & Becker, LLP
Shawn Hauser, Vicente Sederberg LLC
Brad Bartlett, McAllister Garfield, P.C.
2018 Farm Bill
Hemp Production Program Questions and Answers
Big Sky Scientific LLC v. Idaho State Police
FDA Regulation of Cannabis and Cannabis-Derived Products: Questions and Answers
2018 Farm Bill Policy Guide and Model Hemp Production Plan
U.S. Hemp Crop Report
Starting Up: Sowing the Seeds of Your Client’s Success
10:05AM - 11:05AM
Examine the issues that cannabis businesses face during startup, including choice of entity and jurisdiction, governance, early stage financing, tax, and considerations for exit. The panel will also discuss disputes that can arise from a failure to organize properly at startup and how to avoid those disputes.
Julie Saltman, Buddle
Nick Richards, Dill Dill Carr Stonbraker & Hutchings, PC
Dan Garfield, McCallister Garfield
Dean Richardson, Moye White
KeynoteConversation: Unpacking Access to North American Capital Markets
11:15AM - 12:00PM
Cannabis Capital markets are booming, but it's not always easy to make heads or tails of the situation on the ground. US companies can be listed on the Canadian Stock Exchange (CSX), and the New York Stock Exchange (NYSE) and NASDAQ are welcoming Canadian plant-touching companies. But while state-legal US medical and adult-use markets are firing on all cylinders, US companies are left out in the cold when it comes to access to their own domestic capital markets.
But what does this means for you and your clients? As threshold issues, when should your client consider going public? What type of preparation does it take for a US company looking to go public on a Canadian exchange?
And on market-wide scale, does the lack of access to US capital markets hurt US liquidity in the Cannabis Markets? What opportunities are available in Canada that are not available in the US, who is missing out, and what will it take to fix the problem (Safe Banking Act, etc.)? And what steps can you take as a lawyer to ensure that you clients' have and continue to have access to the right capital in the right places as our US cannabis companies continue to grow?
David Feldman, Duane Morris
Sherri Altshuler, Aird & Berlis
Christopher Davis, Executive Director, INCBA
- - Lunch Break - -
Noon - 1:00PM
Risk Management: How to Make Marijuana Related Businesses Bulletproof
1:00PM - 2:00PM
Only death and taxes are inevitable. A lawyer armed with decent risk management fundamentals can diminish most other horrible outcomes. Risk management is the identification, evaluation, and prioritization of risks followed by coordinated and economical resources application which minimize, monitor, and control unfortunate events' probability or impact. Learn the differences between "Insurance Risk Management" and "Enterprise Risk Management". On the insurance side, familiarize yourself with coverage available to marijuana related businesses for: Casualty; Directors and Officers: Property Title; Crop; Malpractice; and Dram Shop and Server Liability. In the enterprise realm, acquaint yourself with: cyber security; "best practices" operating procedures; HIPPA compliance; reliance on regulation (and regulators); operating in “grey areas” (e.g. SweetLeaf looping); and litigation trends as "risk indicators."
Erin Alexander, Cresco Labs
Krystal Saab, The+Source
Steve Schain, Schain Law Firm
Katy Young, Astra Legal
Jason Horst, Horst Legal Counsel
Compliance & Risk Management in Small Law Departments
Disciplined and Practical Risk Management
Enhancing Compliance and Risk Management Through Contracts
Educating Your Board on Risk Management
The Alphabet Soup of Risk Management
Which Program Are You Developing: Enterprise Risk Management or Governance, Risk and Compliance?
Association of Corporate Counsel Materials: Risk Management Track
Peace of Mind: Risk Management and Insurance for In-House Counsel
The Fourth Corner Credit Union v. Federal Reserve Bank of Kansas City
Risk Management: The Corporate View
Risk Management and HIPAA Compliance for Corporate Counsel
NV Rule 1.1 Competence
NV Rule 1.3 Diligence
NV Rule 1.13 Organization as Client
NV Rule 2.1 Advisor
Real Estate: Location (Zoning), Location (Environmental), Location (Nuisance)!
2:10PM - 3:10PM
Description: An important aspect in getting your cannabis business off the ground is finding the right property for your business. Ensuring that it is feasible for you to operate in the way you desire on your property is critical to a successful cannabis business. This panel will take a closer look at the multitude of factors to consider when determining where to locate your business, including local government land use and zoning regulations, environmental and energy concerns, risk factors in owning or leasing property, and much more.
Sal Pace, Marijuana Policy Project
Jennifer Mizrahi, City Attorney
Aaron Johnson, JRG Attorneys
Valerio Romano, Vicente Sederberg LLC
Genny Kiley, Greenbridge Corporate Counsel
Intellectual Property at a High Level
3:10PM - 4:10PM
An introduction to counseling intellectual property matters for all cannabis businesses, especially those in their infancy. Panelists will cover some foundational IP principles and best practices in a conversation designed to advance attorneys’ understanding of IP ownership considerations, brand protection, innovation capturing, and how to navigate nuances specific to businesses in the cannabis industry.
Alison Malsbury, Harris Bricken
Megan Rimovsky, Cannabistry
Zareefa Flener, Flenner IP & Business Law
Amanda Conley, Brand & Branch
Jeremy Kapteyn, KW Law
The Battle Over the HARVEST Trademark for Cannabis Retail
To Patent or Not to Patent
United States Patent and Trademark Office: JuJu Joints
35 USC Section 101: Statutory Requirements and Four Categories of Invention
Intellectual Property Assignment and Non-Disclosure Agreement
The Lawyers Perspective: Accepting Your First or Five-Hundredth Cannabis Client
4:30PM - 5:30PM
Representing cannabis clients presents a minefield of issues for the unwary lawyer, over and above questions relating to the conflict between state and federal law. Every day, cannabis attorneys struggle with questions like, what makes a good cannabis client? Can lawyers ethically represent multiple, competing cannabis clients? What terms are essential in a cannabis client engagement letter? How can lawyers ethically and effectively lobby on behalf of clients? What kinds of reputation issues do cannabis attorneys face in the industry? How should lawyers structure and accept fees from cannabis clients? The panel will walk through all of these issues and more to provide attendees with a solid understanding of both the ethical and practical considerations associated with representing clients in this exciting industry.
Tom Haren, Frantz Ward, LLP
Andy Bowers, Andy Bowers & Associates
Sara Presler, Presler Consulting, LLC
Amy McDougal, Clear Resources
Omar Figueroa, Law Offices of Omar Figueroa