Cannabis Legal Services Offered By Rattner Law

Key Specialities And Areas of Expertise

Real estate transactions

Finding a viable location for a cannabis business can be a challenging endeavor. At Rattner Law, we have extensive experience evaluating potential real estate sites and advising our clients on transactions to secure those sites. We do more than just negotiate and draft leases and options (though we do that too).

Our team at Rattner Law analyzes local zoning codes and ordinances, engages with local stakeholders, and advocatse on behalf of our clients before town attorneys, planning boards, and community boards. We view it as a badge of honor that, as a result of careful legal analysis, our clients have avoided much of the fallout resulting from changes in how the New York State Office of Cannabis Management measures distances between adult-use retail dispensaries and schools.

Litigation and dispute resolution

When things go wrong, we’re armed and ready to protect our clients’ rights. We get right to the heart of issues and stay laser-focused on achieving our clients’ goals, whether in court, mediation, or arbitration. Our deep knowledge of the highly regulated cannabis industry allows us to identify issues that others do not, and provides our clients with a distinct advantage in resolving disputes.

Our extensive litigation experience includes everything from litigating cutting edge issues to routine business disputes. For example, we have litigated novel issues in New York State Court like the legality of the New York State Cannabis Control Board’s position that it must deny every license application that fails to achieve a waiver in the public convenience and advantage. Similarly, our founder has resented a well-known functional mushroom brand before the federal Trademark Trial and Appeal Board to challenge trademark applications of a knock off brand on the basis that the infringer could not have had a bona fide intent to use the applied-for mark due to the content of its products at the time of the application’s filing.

Clients also rely upon us when winning is urgent and paramount. For example, we have secured temporary restraining orders and preliminary injunctions to prevent the destruction of businesses and imminent harm to founders and their employees.

We also handle more routine business disputes such as breach of contract matters, payment disputes, and employment law claims. Whether your matter raises issues that nobody has litigated before or your business has a dispute that cannot be resolved amicably, we can handle it.

Article 78 Litigation

When a New York State agency “gets it wrong” and no further administrative appeal is available, you have the right to commence a lawsuit called an Article 78 proceeding. A unique creature of New York law, this proceeding has a very short time in which to bring suit but offers expedited resolution of the agency’s final decision. Our attorneys have litigated numerous Article 78 proceedings, including those relating to license denials, public convenience and advantage waiver requests, and improper withholding of records by governmental agencies.

License Applications

The attorneys at Rattner Law are here to assist clients as they navigate the license application process. Whether you want help applying for a license, renewing a license, or are deep in the weeds on your True Party of Interest/ownership and control disclosures, we are familiar with the issues license applicants and their owners face. Similarly, we routinely assist license applicants in correcting application deficiencies, and go to bat for applicants whose applications are stuck in limbo.

Deal Structuring

Buying or selling equity in a license-holding cannabis company requires considering many different factors. Chief among these factors are regulatory compliance, payment structure, and protections in the event that a deal does not go as planned. The attorneys at Rattner law have deep experience with these core issues, and have negotiated many transactions that address these critical considerations. Additionally, we help with choosing the correct type of legal entity to accomplish our clients’ goals, as well as entity formation.

IP Licensing

One of the most valuable assets businesses have is their brand and other intellectual property. A business that licenses its intellectual property to a reputable partner expands its market reach in a cost-effective way. We help businesses evaluate potential partners through due diligence, and then partner with them to negotiate intellectual property licensing agreements that bring new brands to market and expand the reach of existing brands, all while protecting our clients’ intellectual property.

Contract Review

If you have a question about what your rights or responsibilities are under a contract you signed, or if you have been asked to sign a contract, we will walk you through the key provisions in plain English. Similarly, if it’s time to pivot, we will advise you of your rights, and we will endeavor to get the contract revised to adjust to business realities. If amending the contract is not practical or feasible, we will partner with you to find creative ways to solve the underlying problems.

Mergers, Acquisitions, and Exits

Some founders want to run their cannabis businesses forever. Others, though, seek to exit their businesses via a sale of their equity to their partners or to other businesses. The attorneys at Rattner Law guide individuals through mergers, acquisitions, and exits by counseling them about finding the right partners, conducting due diligence, and negotiating and drafting the agreements required to achieve the sale on fair terms that ensure our clients receive payment.

Trademark Applications and Enforcement

We routinely appear before the United States Patent and Trademark Office to help clients secure and maintain federal trademarks. Our experience includes preparation of the trademark application, responding to Office Actions, litigating opposition and cancellation proceedings before the Trademark Trial and Appeal Board, and preparing declarations of use and incontestability. In addition, we help clients secure trademarks for cannabis goods and services at the state level.

When a business discovers that someone has been using their trademark without authorization or knocking off their brand, or, we fire off cease and desist letters and, if the infringer or counterfeiter remains undeterred, we commence litigation to seek court orders that immediately stop the infringement and allow our clients to recover up to triple damages.

Fractional Outside General Counsel

Rattner Law serves as outside general counsel to numerous businesses in the cannabis industry. We routinely advise our clients on day-to-day legal issues that are unique to the cannabis industry as well as more routine legal issues that occur when running any business such as labor and employment issues, and contract review and drafting. Our advice is clear, actionable, and takes into account business and market realities.

All Cannabis Legal Services Offered By Rattner Law

We offer wraparound legal services to businesses and individuals in the cannabis, psychedelic, and other emerging industries.

These services include

  • Entity selection and formation
  • Corporate governance documentation (i.e., operating agreements, shareholder agreements, etc.)
  • Corporate governance advice
  • Cannabis license applications
  • Regulatory compliance and advice
  • Contract review and interpretation
  • Contract negotiation and drafting
  • Deal structuring
  • Mergers, acquisitions, and exits
  • Real estate transactions
  • Advocacy work before municipalities and community boards
  • Fractional outside general counsel
  • Labor and employment
  • Intellectual property licensing
  • Intellectual property litigation
  • Business and commercial litigation
  • Partnership disputes
  • Mediation
  • Arbitration
  • Article 78 litigation

Why Legal Services Are Essential For Starting And Operating A Cannabis Business

Cannabis is regulated and taxed in numerous states, but remains federally illegal. This difference between federal and state laws creates challenges unique to the cannabis industry, including tight margins, laws that change quickly and unexpectedly, and difficulties placing businesses due, in large part, to decades of stigma and misinformation. These challenges provide lessons to draw upon for the emerging field of psychedelics as well. In both cases, founders should consider many things such as:

Do they plan to operate the business forever, sell it, or transition it to new leadership after a period of time?

We provide the guidance to help businesses select the right entity and draft the governing documents to achieve these goals. Getting your business’ legal foundation right allows you to achieve your vision and minimizes the risks of future legal strife such as ownership and control disputes.

What can a business legally do, what is not permitted, and where are there opportunities for growth and innovation?

We provide insight into emerging issues, likely changes to federal and state laws, and the opportunities and risks that these change.

Where can a business locate?

We advise on issues unique to cannabis real estate transactions and zoning. Our expertise helps businesses from getting stuck with unusable real estate, and we find creative ways to identify and secure property.

Given the many complicated, restrictive regulations, how can a business build a customer base and keep that customer base loyal?

Branding, packaging, and marketing are critical components to success in business, and the cannabis industry is no different.  What is different, though, are the many limitations and prohibitions that apply to this industry. We assist with brand development and compliant marketing that differentiates you from your competitors. Another key to success is the right location.  We help identify and secure viable locations for all manner of businesses. 

The regulations do not directly address an issue that has arisen in your business’ operation.

Our deep background in the regulated cannabis industry allows us to look beyond the plain text of the law and regulations, and counsel businesses about what the underlying intentions were behind certain provisions, how they fit into the bigger picture, and what is likely to be permissible versus impermissible when the law is silent.

An employee is causing disruptions, failing to follow standard operating procedures, or creating other significant risks to the business.

Labor and employment issues are some of the highest risk issues there are to a business, and liability for both the business, its owners, and managers can be crippling.  We serve as outside general counsel to properly address employment issues by nipping them in the bud or mitigating the risks going forward. 

Locations Served By Rattner Law

Rattner Law’s attorneys are active in cannabis matters in the tri-state area, as well as markets that are just about to come online.

We serve clients headquartered across the United States and Canada in both state and federal matters. In New York, our diverse client base spans from Niagara Falls to the eastern end of Long Island, and we represent numerous out-of-state businesses that have entered or are seeking to enter one of the largest cannabis markets in the world.  

Our attorneys have played instrumental roles in winning some of the first adult-use licenses issued in New York State, and we routinely work with licensees across the supply chain, from cultivators and processors to retail dispensaries, to address cutting-edge legal issues, regulatory compliance questions, and more routine business issues like payment disputes, contract negotiation and drafting, and labor and employment issues. 

FAQ about cannabis legal services

What is a cannabis lawyer?

A cannabis lawyer has deep familiarity with the federal and state laws and regulations that apply to cannabis-touching businesses and those who serve them. 

Why is it important to work with a specialty lawyer for cannabis legal services?

A cannabis lawyer knows how to identify legal issues unique to the cannabis industry that other lawyers will miss.  It’s not just about knowing the applicable regulations.  It’s about knowing how federal, state, and local laws relating to cannabis interact with more routine legal issues so that clients receive sound legal advice. 

Contact Rattner Law

445 Hamilton Ave. Suite 1102, White Plains, NY 10601
Hours: 9:00 a.m.-5:00 p.m. EST
info@rattner-law.com
(914) 220-5468

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