NCBA’s webinar legal educational program consists of high-quality legal education presented by expert attorneys at the top of their field in online webinars. The content for our programs is wide-ranging, relevant, and addresses everything from the foundation of the cannabis movement to the most topical issues affecting stakeholders in the industry. Our goal is to provide information the cannabis bar needs to become fluent in the issues that affect our cannabis industry clients.
2018 Webinar Series
The Series will cover a range of topics that support the practice of law for business attorneys serving the cannabis industry. Webinars will generally take place in the fourth week of the month, unless otherwise noted.
CLE credit will be provided in California, Colorado, New York, and select other states based on attendee registration and NCBA policy. NCBA will offer support for attorneys seeking to obtain individual credit in additional states.
Annual members receive a 50% discount and sustaining members receive free access to the 2018 webinar series.
August 23, 9:00am, PST (Noon Eastern)
FREE Member-Only Webinar: Trade Secrets in the Cannabis Industry
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Trade secrets and patents are two realms where we find tools crucial for attorneys representing cannabis business. In this practically-minded webinar, we’ll start by examining what actually constitutes a trade secret. We’ll show how you can tackle a complaint alleging trade secret misappropriation. Then we’ll unpack key distinctions between trade secrets and patents. We’ll continue with a deep dive into the relatively new “First-Inventor-To-File” Rule in patents -- and we’ll also reveal the ways out of that rule. We’ll also examine how a trade secret owner can defend itself against patent infringement claims. Finally, we’ll cruise through the nuances of trade secret law in California, covering issues of constructive knowledge, employer ownership of trade secrets, employee noncompete agreements, and customer non-solication agreements.
Tom Zuber is the Managing Partner of Zuber Lawler & Del Duca LLP, which represents clients throughout the world from offices in LA, Silicon Valley, Chicago and New York. Tom is the relationship partner for some 10 Fortune clients of the firm, as well as fund and government clients. He has also worked with cannabis clients for over 10 years, and currently represents some of the industry's leading companies. Zuber Lawler & Del Duca LLP helps their cannabis clients with intellectual property, M&A and other deals, and litigation. Tom believes that the cannabis companies that best invest now in building their intellectual property asset portfolios will dominate the post-prohibition future of the cannabis industry. Tom holds a law degree from Columbia Law School, a master’s degree in public policy from Harvard Government School, and a biomedical engineering degree from Rutgers University, where he graduated with highest honors.
Megan Rimovsky has directed the intellectual property strategy and management at Cannabistry Labs, an IP licensing company, since August 2016. Cannabistry Labs’ intellectual property portfolio includes the technology and know-how to commercialize and scale a diverse array of product, manufacturing and packaging technologies and the trademarks to brands that effectively communicate with targeted consumers. Megan is both the Director of Intellectual Property and in-house legal counsel, which gives her a unique perspective in an emerging industry where the law has not yet caught up to the practice.
In addition to her J.D. from Chicago-Kent College of Law, Megan has a Master’s in Intellectual Property Markets & Management from the Illinois Institute of Technology. She has previously worked in financial services in the IP department of the leading futures and options trading platform and in the legal departments for financial institutions.
Time: Thursday, January 25, 9am Pacific (Noon Eastern)
Let’s Make a Federal Case of It (HIA v. DEA)
Presented by Bob Hoban (Hoban Law Group)
Our first webinar will address the pending litigation in Hemp Industries Association v. Drug Enforcement Agency, presented by Bob Hoban, Managing Partner of Hoban Law Group and lead counsel on the case (HIA v. DEA).
In December 2016, the DEA published a ‘Final Rule’ that classifies cannabis-derived extracts, such as CBD oil, in their own category with a code number to “better track these materials and comply with treaty provisions.” The announcement by the DEA ultimately serves to make any cannabis extract a Schedule 1 narcotic.
In January 2017, the Hoban Law Group filed a petition on behalf of three clients against the DEA in the U.S. Court of Appeals for the Ninth District. The clients represented by Hoban Law Group in the suit are Hemp Industries Association, RMH Holdings, LLC and Centuria Natural Foods, Inc. The companies are based in California, Colorado and Nevada respectively and are all active in the legal hemp trade. Arguments before the 9th Circuit are scheduled for February 15, 2018.
Time: Tuesday, February 20, 9am Pacific (Noon Eastern)
State and Federal Legalization: What’s Next
Presented by Karen O'Keefe (MPP Director of State Policies) and Michael Correia (NCIA Director of Government Relations)
Representatives for leading advocacy organizations, Marijuana Policy Project (MPP) and the National Cannabis Industry Association (NCIA), present on legalization successes and pending initiatives. Karen O’Keefe, MPP Director of State Policies, will look back at recent successful state legalization efforts, and then focus on the 2018 outlook for state ballot initiatives and legislative efforts across the country. Michael Correia, NCIA Director of Government Relations, will present on federal priorities in the U.S. Senate and House, including a discussion of specific pending legislation.
March 22, 9am Pacific (Noon Eastern)
Let’s Make A Federal Case Of It: Washington v. Sessions
Presented by Michael Hiller and Lauren Rudick
In July 2017, Hiller PC filed a lawsuit on behalf of multiple plaintiffs, challenging the "Schedule 1" classification of cannabis under the Controlled Substances Act as so irrational that it violates the U.S. Constitution. CSA Schedule 1 is reserved for substances that have no currently accepted medical use and a high potential for abuse, and the suit alleges that Federal Government does not, and could not possibly, believe that cannabis meets Schedule 1's definition. The plaintiffs include individuals that include:
Retired professional football player (and Super Bowl Champion) Marvin Washington, who desires, but is ineligible (due to the CSA) to obtain grants under the Federal Minority Business Enterprise program to open a business that would allow professional football players (among others) to treat opioid addiction and dependency with medical Cannabis.
11-year old Alexis Bortell, who moved to Colorado from Texas so that she could treat her intractable epilepsy with medical cannabis, and who now cannot travel without her medicine.
Six-year old Jagger Cotte, who suffers from Leigh’s Disease and who uses medical Cannabis to control otherwise excruciating pain and to lengthen his life.
Disabled military combat veteran Jose Belen, who uses medical Cannabis to control his post-traumatic stress disorder (PTSD).
The Cannabis Cultural Association, whose membership includes many people of color that contend the CSA was enacted, and has been enforced, in a discriminatory manner.
The case is currently pending in the Southern District of New York, and counsel will offer updates on the current posture of the case, including an overview of the February 14 hearing on a motion to dismiss and the significance of Session recession of the Cole Memo, a key piece of evidence in the case.