As the cannabis industry continues to grow, the frequency and scope of litigation and regulatory challenges increases. Join our litigators as we discuss considerations for cannabis litigation from pre-filing to trial, including issues such as forum and challenge bases. Our panelists will also discuss top cannabis cases to watch in 2021.
|FL Department of Health’s Initial Brief|
|FL Department of Health’s Reply Brief|
|Florigrown’s Initial Brief|
|Links to all the briefs in the Sisley CA9 litigation|
|Amended Petition in the Wild Hempettes matter (1.2 MB)||Available after Purchase|
|Plaintiffs motion for temporary injunction and supporting memo. (8.8 MB)||Available after Purchase|
|Power Point (1.5 MB)||Available after Purchase|
|Michael oversees Hiller, PC's National Cannabis Practice. In 2018, he was named America’s 420 Advocate of the Year by Canna-Gather, received the International Hope Award by the Cannabis Business Association, and was named one of the 30 Most Powerful Cannabis Litigators in America by Mg Retailer Magazine. Michael has been named a SuperLawyer by SuperLawyer Magazine every year since 2010, and served as lead counsel in the legalization lawsuit and appeal, Washington v. Barr -- a case that went all the way to the U.S. Supreme Court and ultimately received the support of 19 nationally-recognized organizations and seven members of Congress. A retired member of the faculty at John Jay College of Criminal Justice as a Professor of Constitutional Law, Michael is a fierce advocate and widely recognized leader in the cannabis space.
In addition to his cannabis law work, Michael has received the Grassroots Preservation Award for his preservation of city, state and federal landmarks; has been named a Life Member of the Million Dollar and Multi-Million Dollar Advocates Forums for his successful trial work; and is a designated Mediator for the New York State Supreme Court. Before his admission to the Bar, Michael was a professional musician, and an artist-in-residence at NYC's legendary The Bitter End.
Shane’s practice is focused on appeals and regulatory litigation for clients in a diverse array of industries, including energy, shipping, aviation, pharmaceuticals, and healthcare. Recent matters have involved challenges to federal agency action under the Administrative Procedure Act, preemption issues under the Airline Deregulation Act, and EPA rule-making challenges under the Clean Air Act. Drawing on his experience as a former law clerk to judges on both the U.S. Court of Appeals for the D.C. Circuit and the U.S. Court of Appeals for the Fifth Circuit, Shane’s unique insights can also assist clients that may be evaluating potential or pending cases involving complex regulatory issues.
Shane received his J.D. from The University of Texas School of Law with high honors and served as both the Articles Editor for the Texas Law Review and as Managing Editor of Texas Review of Law and Politics. He completed three clerkships, including with the Honorable Royce C. Lamberth, then-Chief Judge of the United States District Court for the District of Columbia, the Honorable Jennifer Walker Elrod of the United States Court of Appeals for the Fifth Circuit, and the Honorable David B. Sentelle, then-Chief Judge of the United States Court of Appeals for the District of Columbia Circuit.
Shane is recognized as "One to Watch" by Best Lawyers in America® and as a “Texas Rising Star” in Appellate Law by Thomson Reuters’ Super Lawyers. He is a published author on emerging issues in administrative law and founded admin.law, a blog where he comments on important happenings in administrative law in the U.S. Court of Appeals for the Fifth Circuit. He is also part of Yale Journal on Regulation’s Notice & Comment blog where he provides regular commentary and insight on a wide variety of administrative law issues.
Prior to joining the firm, Shane was an associate with Baker Botts.
Chelsie Spencer is a cannabis and hemp attorney. She is a founding member of Ritter Spencer PLLC. Chelsie practices in the areas of medical marijuana and hemp and represents clients across those industries for their business law and compliance needs. Chelsie represents all facets of the cannabis and hemp industries, including dispensaries, growers, processors, manufacturers, retailers, and more. Forbes Magazine dubbed Chelsie the “rare friendly face in the midst of a cutthroat CBD hurricane, the person you want on speed dial when things turn sour” for her work in the cannabidiol (CBD) industry. In addition to navigating complex issues and transactions in these highly regulated industries, she frequently writes, speaks, and presents on issues affecting these industries at conferences and forums across the United States.
Chelsie’s practice also focuses on transactional issues in commercial law and in intellectual property. Chelsie has secured registration of numerous federal trademarks and copyrights for her clients and manages worldwide trademark portfolios, in addition to handling trademark and copyright licensing, consent, coexistence, and assignment agreements for a variety of industries.
Chelsie’s litigation experience includes enforcing and defending claims of copyright infringement, trademark infringement, patent infringement, false designation of origin, trade secret misappropriation, breach of contract, and tortious interference with contract, among others. She is licensed in both Texas and Florida and has represented clients in federal and state litigation throughout the nation, at both the trial and appellate level. She has tried numerous cases to verdict in both state and federal courts and has secured dismissal of multiple federal lawsuits.
Ari H. Gerstin concentrates his practice on complex litigation, class actions, and regulatory matters. He prosecutes and defends litigation in state, federal, and administrative courts on behalf of large retail operators, insurance companies and other regulated entities, companies involved in the cannabis and hemp industries, as well as other national and local companies and individuals. Ari also assists companies and individuals in their dealings with federal, state, and local authorities.
Ari has experience defending property and casualty insurers in class action lawsuits nationwide, including suits involving claims by Medicare Advantage organizations for reimbursement of alleged conditional payments or secondary payments under the Medicare Secondary Payer Act (MSP); and in Florida, arising under the Florida No-Fault (PIP) Statute and other statutory and contractual provisions governing insurance policies and premiums, in addition to other industry issues.
Ari is also experienced in litigating issues arising under state cannabis laws, including constitutional and other challenges to state licensing laws and appeals of licensing decisions. Additionally, Ari counsels clients seeking to apply for, purchase, and sell cannabis cultivation, processing, and dispensing licenses and advises investors and industry participants regarding diligence and compliance matters. Based on his work in the cannabis field, Ari was recognized in 2018 by the National Law Journal as one of the country’s “Cannabis Law Trailblazers” and in 2019 by the Daily Business Review as a “Florida Trailblazer.” He often speaks on cannabis law-related topics at industry events and seminars.
Tom represents growing businesses at each stage of their development, and is regularly asked to serve as outside general counsel for his clients. In that role, Tom advises his clients with respect to innumerable legal issues, including regulatory compliance, corporate governance, contract negotiations, risk management, litigation and other day-to-day business issues. He often works with his clients to overcome short-term regulatory and financial uncertainty to achieve long-term success in developing markets. As a result, Tom is one of the most sought after attorneys serving the Ohio and national cannabis industry, in which he represents licensed operators in medical and adult use markets, ancillary service providers, and companies operating in the hemp industry. As a former nominee for the State Senate, Tom also knows how important it is to build consensus at the local and State level to further clients' interests. He is an avid contributor to various local and national media outlets and often shares his expertise by speaking at industry conferences and events. Tom regularly provides pro bono litigation services to indigent clients, as well as clients facing defamation claims based on constitutionally-protected online speech.
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