Key Issues in Impact Cannabis Litigation

Shane Pennington Related Seminars and Products

Partner

Porter Wright Morris & Arthur LLP

Shane is a partner in the Litigation Department where he counsels clients on federal regulatory issues involving a number of industries, including energy, pharmaceuticals, controlled substances, aviation and agriculture. A former law clerk to federal judges on the D.C. Circuit, the Fifth Circuit and the D.C. District Court, Shane brings unique insight and strategic thinking to assist clients facing complex regulatory issues.

Rated “One to Watch” and a “Rising Star” in appellate law by The Best Lawyers in America and Super Lawyers, respectively, Shane has argued cases in the U.S. Courts of Appeals for the First, Ninth and D.C. Circuits, securing landmark results for clients. In a series of cases on behalf of veterans and scientists, for example, Shane raised a novel claim under the Freedom of Information Act to uncover a secret 2018 Opinion of the Office of Legal Counsel that revealed the unlawfulness of a longstanding agency policy that had obstructed cannabis research for over half a century. Shane regularly litigates cases concerning federal and state agencies that involve the Administrative Procedure Act, the Controlled Substances Act, and Federal Food, Drug and Cosmetic Act.

Clients turn to Shane to advance their strategic goals within existing regulatory and legal frameworks, but also to develop creative strategies to reimagine those frameworks amidst rapidly changing industries. To that end, Shane often advocates for clients at the administrative level, working with state and federal regulators to devise novel solutions to seemingly intractable problems. He has represented companies, scientists and industry coalitions before the Drug Enforcement Administration, the Department of Health and Human Services, the Food and Drug Administration, the Department of Justice, and the Securities and Exchange Commission.

Shane has published extensively on topics related to administrative law and drug policy, including the private nondelegation doctrine, the Single Convention on Narcotic Drugs of 1961, judicial deference to administrative agencies, and bureaucratic management and the limits of presidential power. Shane often provides commentary on administrative law issues to the Yale Journal on Regulation Notice & Comment blog and is a regular contributor to the “News From the Circuits” column published in the American Bar Association’s Administrative and Regulatory Law News.

Chelsie Spencer Related Seminars and Products

Managing Attorney

Ritter Spencer Cheng PLLC

Forbes Magazine dubbed Chelsie Spencer 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. As head of the cannabis practice at Ritter Spencer Cheng PLLC, Chelsie represents clients in every facet of the cannabis and hemp industries, including dispensaries, growers, processors, manufacturers, retailers, and more for their business needs. Her transactional practice focuses on licensing, regulatory compliance, and other business matters. She frequently writes, speaks, and presents on issues affecting the cannabis industry at conferences and forums across the United States.

In addition to her representation of cannabis clients, Chelsie is an experienced trademark attorney. She has successfully secured registration of numerous federal trademarks for her clients and manages worldwide trademark portfolios. Her trademark practice also encompasses transactional issues such as trademark licensing, consent and coexistence agreements, and assignments. Chelsie is nationally recognized for her trademark work with cannabis clients across the United States.

Chelsie has been recognized as a Super Lawyer in the Cannabis practice area by Thomson Reuters and has been awarded the Client Champion distinction by Martindale-Hubbell. She is President of the Texas Hemp Legal Fund, serves as Chair of the International Cannabis Bar Association’s Amicus Committee, and serves as Vice President on the Board of Directors for the Texas Cannabis Council. She has helped draft cannabis legislation at both the federal and state levels and routinely advises state legislatures in regard to crafting effective cannabis policies.

Ari Gerstin Related Seminars and Products

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 Haren Related Seminars and Products

Partner

Frantz Ward LLP

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. He supports clients with everything from license acquisition, zoning and municipal law, to product labeling and packaging and regulatory compliance. Tom has also led some of the largest M&A deals in the Ohio cannabis market, representing both the selling license holders and acquiring entities.

His record of achievement as an expert in one of the most rapidly growing segments in the country has earned him considerable recognition, including the Crain's Cleveland Business' 2021 list of Forty Under 40. He has been named to Chambers USA: A Guide to Leading Lawyers in Business in the area of Cannabis Law, is one of the Top 7 Cannabis Attorneys in the U.S. (The Vape Report) and is on The Best Lawyers in America list in the area of Cannabis Law. He has also been named to the Ohio Super Lawyers Rising Stars list. As a result of his national reputation, Tom is an avid contributor to various local and national media outlets and often is asked to share his expertise by speaking at industry conferences and events.

Tom is also a former nominee for the State Senate. He knows how important it is to build consensus at the local and State level to further clients' interests. Tom has served on the firm’s Management Committee since January 2024.