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Rebecca (“Bec”) Edelson is a partner in the Intellectual Property and Litigation Practice Groups and leads the firm's Trade Secrets Team.

This article originally appeared in Cannabis Business Executive​ on June 10, 2020.

Claimed “illegality” of cannabusinesses continues to be a critical issue for them in their ability to enforce their rights in the courts. The ability to seek judicial relief may be especially important to some cannabusinesses that are struggling as a result of the COVID-19 pandemic (e.g., to seek bankruptcy relief, or to obtain compensation from customers or suppliers that breach contracts). In our December 2019 articles[i], we observed that a cannabusiness may find it difficult to pursue its Intellectual Property (IP) rights in certain jurisdictions where cannabis remains illegal. Here, we provide an update on the “illegality” issue, including outside of the IP arena. We discuss some recent legal rulings in the cannabis space and some potential ramifications to cannabusinesses’ ability to seek bankruptcy and other relief in the courts.
Continue Reading The Status of a Cannabusiness’ Ability to Seek Relief in the Courts — the ‘Illegality’ Issue

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
Continue Reading Intellectual Property In The Cannabis Industry – Protecting Innovations And Products, Part II (Patents)

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)