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On Demand

Business Law – Formation 101 - Business formation for cannabis businesses


Average Rating:
   4.3
Category:
Business |  Business of Law |  Cannabis |  Corporate Governance |  Federal Law |  Licensing and Permitting |  Policy
Faculty:
Megan Sheehan |  Karen Bernstein |  Rachel Gillette |  Lara Decaro
Duration:
1 Hour 34 Minutes
Format:
Audio and Video
SKU:
INCBA05282021OD
License:
Access for 6 month(s) after purchase.



Description

In this webinar we will go over the basics of business formation for cannabis businesses. This webinar will focus on issue spotting and going over the key considerations for cannabis business entities, including due diligence on partners, what type of structure best meets your clients' needs, the steps in formation and key documents, intellectual property considerations, and 280e considerations.

Credits


General

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 eligible for credit in the following states: AR, AL, AK, AZ, CA, CO, CT,DE, GA, HI, IL, IN, MN, MS, MO, NV, NH, NJ, NM, NY, NC, ND, OH, OR, PA, TN, TX, UT, VT, WV, and WI . 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.

INCBA on demand programs are eligible for credit in the following states: AR, AL, AK, AZ, CA, CO, CT,DE, GA, HI, IL, IN, MN, MS, MO, NV, NH, NJ, NM, NY, NC, ND, OH, OR, PA, TN, TX, UT, VT, WV, and WI . 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 current accreditation status, please select your jurisdiction below.



Handouts

Faculty

Megan Sheehan's Profile

Megan Sheehan Related seminars and products

Attorney

Sheehan & Associates


Attorney Megan E. Sheehan graduated from Macalester College in 2005, and from Vermont Law School in 2013. While at Vermont Law School, Megan participated in the South Royalton Legal Clinic, was an active member of the National Lawyers Guild VT Chapter, and volunteered on a statewide workers' rights hotline. Prior to joining Sheehan & Associates, Megan worked with the Vermont Workers' Center as the Director of Operations. She lives in the East Bay of Rhode Island with her husband, son, and a many pets.

Megan works with many cannabis businesses in Massachusetts and Rhode Island, and on a range of areas from licensing and regulatory compliance, business structure, contracts, capital raising, intellectual property, and civil litigation. Megan is a member of the Massachusetts Academy of Trial Attorneys and INCBA.


Karen Bernstein's Profile

Karen Bernstein Related seminars and products

Managing Partner

Bernstein IP


Karen is the Managing Partner of Bernstein IP and is admitted to practice law in New York, Pennsylvania, and Colorado. Karen is a Board of Director and Sustaining Member of the International Cannabis Bar Association, a member of the New York State Bar Association Committee on Cannabis Law, and chair emeritus of the Packaging and Labeling Committee of the National Cannabis Business Industry Association. Karen speaks often at cannabis and hemp industry events and writes about intellectual property issues that affect the legal cannabis and hemp industries. Karen may be reached at kjb@bernsteinip.com


Rachel Gillette's Profile

Rachel Gillette Related seminars and products

Partner & Chair of the Cannabis Practice Group

Greenspoon Marder LLP


Rachel Gillette is among the first attorneys in the nation to dedicate her practice to the cannabis industry. Since 2010, Ms. Gillette has helped licensed cannabis and hemp businesses with licensing, permitting and regulatory compliance, business law and transactions, contract drafting and review, tax litigation, corporate formation, and other tax matters, including audit representation. She works with startups and entrepreneurs, investors, and ancillary industry businesses to help develop the cannabis innovation ecosystem, and is a zealous advocate for the industry.

Ms. Gillette regularly represents clients before the IRS’s Examinations, Appeals, and Collections Divisions, including cannabis businesses facing the challenges of IRS adjustments under IRC §280E. She has successfully challenged local, state and federal tax deficiencies on behalf of her clients, having prevented hundreds of thousands of dollars in incorrectly assessed taxes, interest, and penalties. She can assist individual and business taxpayers in §280E proposed adjustments, offers in compromise, audit examinations, innocent spouse claims, sales, use, and employment tax matters, trust fund tax penalty assessments, penalty abatements, and levy releases. Additionally, Ms. Gillette has significant U.S. Tax Court litigation experience, which is highly beneficial in unique and complex cannabis tax matters.

For several years, Ms. Gillette was the Executive Director of the Colorado state chapter of NORML, the National Organization to Reform Marijuana Laws. She was a founding member of Women Grow and the National Cannabis Bar Association. She an advocate as well as an attorney, and is committed to helping change laws – and perceptions – relating to cannabis and ensuring state licensed and legal marijuana businesses are fairly taxed and regulated.

Ms. Gillette received her Juris Doctorate from the Quinnipiac University School of Law in Hamden, Connecticut, where she served as Associate Editor of the Quinnipiac University Probate Law Journal. During law school, she interned with the New Haven Public Defender’s office, where she developed her commitment to advocacy for those facing the many challenges of the criminal justice system.

Ms. Gillette serves on the Management Committee at Greenspoon Marder.


Lara Decaro's Profile

Lara Decaro Related seminars and products

Leland, Parachini, Steinberg, Flinn, Matzger and Melnick


Lara L. DeCaro is a business attorney and mediator. She has concentrated her legal career in the areas of intellectual property, corporate governance and compliance, commercial transactions, real property, and mediation. Most of her clients came from highly-regulated industries and she translated that knowledge into a comprehensive medical cannabis business practice over the past 12 years. She has also represented event venues, entertainment providers, art galleries, authors, banks, recycling companies, investors, franchisors, an airport, and various small business owners. Whatever their industry Lara takes pride in getting to know her clients and working with them from start-up to wind-up.

Lara commenced her legal career as a litigator in Northern New Mexico, where a brief she authored was submitted to the Supreme Court of Colorado, and made law in her client’s favor. She also successfully defended marijuana and other criminal charges locally. Lara later took a position as in-house counsel for a premier company in the risk evaluation software industry and worked at a leading bio-pharmaceutical company. Both positions served as important career mechanisms that further developed her regulatory compliance skills, intellectual property knowledge, business sense, and transactional experience.

Lara is a founding board member, former executive officer, and current advisory board member of the International Cannabis Bar Association and currently sits on the Executive Committee of the Bar Association of San Francisco Cannabis Law Section, where she generated the idea for the San Francisco Cannabis Equity Program pro bono panel to provide meaningful representation to social equity applicants. She is a published author and frequent speaker on various matters of cannabis business law and had the honor of appearing on the August 14, 2020, Weed Wonks podcast. Lara was also on the team that drafted the Safe Agreement for Cannabis for Meadow (with the approval of YCombinator), an open source document intended to reduce costs of capital raises for California cannabis corporations.

Lara graduated with honors from both her undergraduate program at the University of Southern California and law school at Tulane, where she received a certificate in mediation in 1999 from the American Arbitration Association. She is licensed to practice law in California, Colorado, and New Mexico (currently inactive).

She was also a member of the New Mexico Senate Memorial 57 Advisory Council and the New Mexico State Bar Association ADR Committee, which authored the rules in New Mexico for alternative and effective dispute resolution.

In her spare time Lara enjoys live music, skiing, horseback riding, and baseball. She participates in her community by donating legal services to worthy causes and volunteering at her daughters’ schools. Lara lives in San Francisco.


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Overall:      4.3

Total Reviews: 7

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