Many Illinois cannabis contracts, including intellectual property licensing agreements, development agreements and supply agreements, contain force majeure clauses.  Depending upon the language of these clauses, the COVID-19 pandemic may be an event that triggers these clauses and provides a defense to nonperformance of the contract.

Companies that are experiencing difficulties complying with or enforcing compliance with their contracts should carefully examine their contracts to determine if a force majeure clause may excuse performance.

On March 20, 2020, Illinois Governor J.B. Pritzker issued a stay at home order for all Illinois residents.  (Executive Order 2020-10.)  On April 30, 2020, Governor Pritzker extended the stay-at-home order through May 30, 2020.  (Executive Order 2020-32.)  Many other state and local government agencies have taken similar measures.  And, while cannabis dispensaries and cultivation facilities are deemed to be “essential businesses” under the Illinois orders, some other states, such as Massachusetts, have not exempted such facilities.[1]  As a result of the restrictions placed on businesses due to the COVID-19 pandemic, companies operating in the cannabis industry in Illinois may be experiencing compliance-related difficulties with their contracts.


Continue Reading IMPACT OF COVID-19 ON ILLINOIS CANNABIS CONTRACTS — Do Force Majeure Clauses Provide A Defense To Non-Performance

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On February 13, 2020, The Bureau of Cannabis Control’s (BCC) emergency rulemaking for Quick Response Code (QR Code) certificate requirements was approved by
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In a case of first impression, the New Jersey Appellate Division determined that employers in the state must reimburse employees for medical cannabis following a workplace accident, despite federal prohibitions
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We previously explored the applicability of trade secret protection to cannabis-related inventions. Here, we provide an overview of patent trends in the cannabis industry and how cannabusinesses can use patents
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This post originally appeared as an article in Cannabis Business Executive on December 5, 2019.

A cannabis product business is no simple venture. Cannabusinesses have to innovate to remain
Continue Reading Intellectual Property in the Cannabis Industry – Protecting Innovations And Products, Part I (Trade Secrets)

The California Legislature has passed Assembly Bill 1482 – Tenant Protection Act of 2019 (“AB 1482”), providing for comprehensive statewide residential rent control and eviction protections.  Signed by
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