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.
Tuesday, October 30, 9:00am, PST (Noon Eastern)
Brand Protection in the Cannabis Industry: Copyrights and Trademarks
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.
Trade Secrets in the Cannabis Industry
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.