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Marijuana Law: Expanded Legalization, Regulatory Reforms, Business Concerns (IL)
There is little dispute that 2016 continued a streak of the most significant years in marijuana policy since President Richard M. Nixon signed the Controlled Substances Act into law over 45 years ago.
On November 8, 2016, California, Nevada, Massachusetts, and Maine all voted to legalize recreational marijuana—doubling the number of legal-marijuana states to eight. Arkansas, Florida, and North Dakota legalized medical marijuana for specific medical conditions. Early indicators suggest that 2017 will see even more reforms across the country.
And in Illinois, there are two bills in the state legislature to legalize it for adult use starting 2018. Recently Illinois Sen. Heather Steans and Rep. Kelly Cassidy introduced bills that would make marijuana legal for adults and regulate it similarly to alcohol.
With medical marijuana now legal in 29 states and the District of Columbia, insurers, employers, and business owners are being confronted with new challenges as well as opportunities.
In today’s ever-changing legal landscape, is your practice prepared to navigate the nuances of complex cannabis regulation, law, and policy?
Please join us as we guide you through legal considerations faced by businesses, insurers, and employers dealing with the reality of legalized growing, sale, and use of marijuana.
8:30 – 9:30
The Legalization of Marijuana: Background and Statutes discussion
Erin Alexander and Eric Berlin
- Overview of legal and regulatory framework of IL Compassionate Use of Medical Cannabis Pilot Program Act
- Statutes, Rules, regulations
- Agencies regulating
- Any potential changes
- Licensing and permit status and predictions
- Proposed legislation legalizing adult use
- Types of Clients attorneys are likely to see in the Industry
9:30 – 10:30
Federal Regulatory Framework and Enforcement
Bryna Dahlin and Michael Chernis
- McIntosh Case
- What will happen under Trump
- State v. Federal Law
- Criminal Exposure
- Department of Justice Rules – Funds on enforcement
- Defenses available in Federal Court
10:30 – 10:45
10:45 – 11:30
- Challenges in maintaining banking accounts
- DOJ policy issues for banks three years ago
- Federal banking laws background and guidelines
- Due Diligence
- Advice for clients
- Representing dispensaries
11:30 – 12:15
- Recent trends in investing in cannabis operation
- Challenges with investing in cannabis businesses
- Common investor concerns
- Funding / capital raising from the investor’s perspective
— 12:15 – 1:15 Lunch —
(optional ticketed networking lunch or lunch on your own – please select at registration)
Afternoon Session: 1:15 – 5:30
1:15 – 2:00
Cannabis Cultivator/Producer Operations
- Provide insight on the areas of legal representation most useful to, and sought out by, operators in the legal cannabis space.
- Day-to-day matters such as:
- Capital raising
- Partner disputes, etc.
- The application processes:
- Regulation comprehension
- Corporate formation,
- Application arrangement/drafting, etc.
2:00 – 3:00
- Overview of issues facing employers
- Overview of legal issues and developing case law in IL and other states
- Practical advice for advising employers
3:00 – 3:15
3:15 – 4:15
Real Estate Transactions
- Real property purchase & sale agreements;
- Cannabis-intensive lease provisions;
- Remedies for dealing with defaults
4:15 – 5:15
Cannabis Related Litigation (and avoiding it)
Dina Rollman and Julie Stewart
- The types of litigation most likely to occur
- Best practices to avoid lawsuits
- Forums and venue, including ADR clauses
- Tips on handling lawsuits
5:15 – 5:30
Dates and Times and Locations
October 6, 2017
8:30 a.m. – 5:30 p.m.
Pincus Professional Education
@ the Robert A. Clifford Seminar Room (in the Chicago Bar Association’s offices; please note, we are unaffiliated with the bar)
321 S. Plymouth Court, Fifth Floor
Chicago IL 60604
(Be sure to arrive at least ten minutes before start time if you want to make sure you have a good seat)
“I have utilized all of the service providers that I noted in the [Recorder] survey and truly felt I received great service from each. My favorite continuing legal education seminar provider, Pincus Professional Education. is particularly noteworthy though. I have attended about five Pincus seminars. Each was phenomenally packed with useful content and had presenters/speakers of the highest skill level. I would unhesitatingly recommend Pincus to other lawyers and am already planning my next couple of seminars with this CLE provider.” – Quote from The Recorder’s ‘Best of CA’ survey.
Erin Alexander, Esq.
Erin Alexander brings a decade of legal experience in the highly regulated gaming industry to the cannabis industry. As an attorney with the Illinois Gaming Board for five years, she counseled the Board and its staff regarding all legal and policy aspects of Gaming Board functions, including the investigation and licensing of individuals and financial transactions with multi-jurisdictional components.
After leaving the Board in 2011, she expanded the breadth of her investigative and compliance experience by working for Spectrum Gaming Group, a leading independent research and professional services firm for the gaming industry, on projects for jurisdictions new to casino gaming. She has also acted as a consultant for Illinois gaming companies, conducting compliance reviews and assessments.
Erin’s cannabis experience includes representing a business involved in writing certifications for medical cannabis cards in Illinois, working with a company to draft standard operating procedures for an out-of-state dispensary and assisting a company with a dispensary application in a jurisdiction that has recently legalized medical cannabis. She is a Director and the Co-Vice President of Illinois Women in Cannabis, an organization committed to ensuring that women have meaningful role in the success of Illinois’ Medical Cannabis Pilot Program. She is also Secretary of the Illinois Cannabis Bar Association. Erin received her law degree from Northwestern University School of Law and her B.A. in Political Science from Florida State University.
Charles Bachtell is the CEO of Cresco Labs, LLC. Bachtell is an attorney and brings with him deep legal expertise in both corporate governance and complex regulatory compliance. Bachtell helped Cresco secure each of the five (5) licenses that it currently holds and continues to work tirelessly to ensure that Cresco remains an industry leader, setting new standards for a progressive, transparent and reputable medical cannabis community, and operating at all times in a professional, secure and compliant manner. Bachtell is a founding member of the Illinois Cannabis Bar Association and the Medical Cannabis Alliance of Illinois.
Prior to Cresco Labs, Bachtell served for 8 years as the Executive Vice President and General Counsel of Guaranteed Rate, the nation’s seventh largest mortgage bank – a leading attorney during the reform of the US mortgage industry, Bachtell established himself as one of the industry’s foremost authorities on regulatory affairs and compliance in one of the nation’s most heavily regulated industries.
Eric P. Berlin, Esq.
Eric Berlin is one of the nation’s leading cannabis law attorneys, advocating full-time for clients in or impacted by the state-legal cannabis industries and tensions with federal law. Following two decades of trial and courtroom experience in high-stakes litigation, he now counsels clients in the cannabis industry to reach their business objectives while avoiding legal risks in this ever-evolving regulatory environment. With other colleagues, he provides counseling and compliance advice for clients on issues related to state and federal law, employment considerations, intellectual property, litigation avoidance, and transactional work.
Eric worked with members of state general assemblies and other stakeholders to help create the Illinois medical program (2009-2014) and to draft and help get passed the Ohio bill (2016). Current clients include large publicly traded companies selling products or services into the cannabis industry, companies involved in financing the industry, vaporizer manufacturers, health care institutions, testing labs, cultivators, processors, and a company operating dispensaries in several states. Additionally, Eric has represented clients in some of the nation’s highest profile health care and antitrust litigations. Victories include a trial in a .3 billion Sherman Act and the Robinson-Patman Act case; a False Claims Act case against major pharmacies; a bundling antitrust case against a large medical distributor; an international arbitration between agricultural companies; and appeals in the 6th, 7th, 9th, and 10th U.S. Courts of Appeals.
Eric currently serves as the president of board of directors for the University of Chicago GI Research Foundation and a director for the Better Government Association in Chicago
David S. Birnbaum, Esq.
David Birnbaum represents employers in a broad range of labor and employment matters. A substantial portion of his practice focuses on labor relations issues, including collective bargaining, union organizing and decertification proceedings, unfair labor practice cases, strikes and picketing disputes, corporate campaigns, arbitrations, and Section 301 litigation.
David recently advised the City of Detroit on labor and employment matters in connection with the city’s historic chapter 9 bankruptcy and other restructuring matters. In that role, he negotiated collective bargaining agreements with numerous unions, including some of the city’s largest public safety unions. David also advised the city in restructuring its workforce in order to achieve operational efficiencies. Previously, he played a significant role in the Firm’s representation of a multiemployer bargaining coalition consisting of 30 freight rail carriers before Presidential Emergency Board 243. The board, which was tasked with developing recommendations for a collective bargaining settlement to avoid a national strike, adopted the vast majority of the railroads’ arguments.
David’s litigation experience includes cases arising under ERISA, the FLSA, Title VII, the ADA, the FMLA, the Federal Railroad Safety Act, and a variety of state law statutes. Additionally, he frequently counsels employers regarding compliance with employment laws, hiring and firing, compensation and benefits, noncompete agreements, reductions in force, employment and severance agreements, and business transactions, including mergers and acquisitions.
David is a frequent speaker on labor and employment issues. He coauthors the PLI Labor Management Law Answer Book and is a contributing editor to The Developing Labor Law.
Bryna Dahlin, Esq.
Bryna Dahlin has a reputation for staying focused on the big picture, clearing through the clutter as she guides her clients to success. She excels at gaining a practical understanding of her client’s business, which is crucial to efficiently address their legal issues. Clients praise her effective communication skills and proven ability to get outstanding results.
Her current practice focuses on business litigation; advertising law; and cannabis law.
Bryna is a skilled trial lawyer who has represented clients in an array of federal and state courts, at both trial court and appellate levels. She has handled a variety of jury trials, successfully argued cases before federal appellate courts, and managed class actions and multidistrict litigation matters around the country. Prior to launching her own firm, Bryna was a partner at a large international law firm, where she focused her practice on high-stakes litigation and corporate counseling. Past representations include prominent food, beverage, pharmaceutical, entertainment, advertising, technology and consumer product companies.
She has since leveraged her formidable experience and zealous client representation skills to small and mid-market companies in need of sophisticated legal representation.
In 2013, Bryna was recognized as one of Chicago’s 40 Attorneys Under 40 by the National Law Journal, and has been regularly selected for the Illinois "Super Lawyers" or “Rising Stars” lists since 2010. Bryna received her B.S. in Journalism and her J.D., magna cum laude, from the University of Illinois at Urbana-Champaign. Bryna is a member of the Federal Trial Bar for the Northern District of Illinois. She also has significant pro bono experience in prisoners’ rights cases and Section 1983 actions.
Bryna resides in Chicago with her husband and two children. When not working or in school, the entire Dahlin family usually can be found at the theater, out for a great meal, gardening their small city yard, or escaping to the family farm in southern Illinois. Bryna also serves on the Board of Trustees for the Lycée Français de Chicago.
Michael J. Delrahim, Esq.
Brown, Udell, Pomerantz & Delrahim Ltd
Michael J. Delrahim is the Managing Partner of the law firm of Brown, Udell, Pomerantz & Delrahim Ltd. He has an expansive practice counseling institutions, opportunity funds, sponsors and investment managers with respect to partnerships, debt and equity placement, and real estate and leasing transactions. He also serves in-house as counsel to nationally operating real estate companies.
Complementing his transactional practice, as a member of the federal trial bar, he brings a unique perspective to representing clients in real estate acquisition, development and management, debt and equity source documentation, troubled asset workouts, and partnerships. Michael’s representation of managers, sponsors, partners and lenders is comprehensive.
Michael is a member of the Chicago Advisory Board of BBVA Compass. In recognition of his accomplishments, Michael was inducted as a Fellow into the American College of Mortgage Attorneys (ACMA) and is a member of their Diversity Committee.
He is the founder of the Chicago Real Estate Professionals, a monthly networking group that brings together nearly 1000 of the most seasoned real estate professionals to attend a facilitated panel discussion on thought-provoking topics of interest to real estate professionals. An adjunct professor of law at Chicago-Kent College of Law – IIT, he teaches Real Estate Fundamentals and Syndication and lectures extensively before business and legal forums on real estate and related topics. He is a frequent lecturer, writer and commentator on real estate topics for the local and National media.
He is licensed to practice in Illinois and the District of Columbia. He earned a Juris Doctorate degree from Chicago-Kent College of Law – IIT and a Bachelor of Science degree in Political Science from the University of Wisconsin – Madison.
Adam Fayne, Esq.
Arnstein & Lehr LLP
Adam S. Fayne is a partner in the firm’s tax, corporate, and white collar criminal practice groups in the Chicago office.
Mr. Fayne’s tax practice focuses in the areas of tax controversy, tax planning, corporate advisory, and white collar criminal matters. As a tax attorney, he frequently represents businesses and individuals before the Internal Revenue Service, and he also advises individuals and businesses as to tax planning matters, both domestically and internationally. As part of his tax practice, he has also handled a variety of white collar criminal matters, both federal and state; including tax evasion, money laundering, offshore tax compliance, and all other areas of civil and criminal tax fraud. Mr. Fayne is a former Special Assistant United States Attorney with the Department of Treasury Internal Revenue Service, where he gained extensive knowledge in all areas of tax law.
Mr. Fayne also acts as a trusted advisor to many companies and individuals, nationally and internationally. In this role, he frequently acts as a defacto general counselor to management or in-house general counsel. Mr. Fayne advises these clients on a wide range of legal matters including mergers and acquisitions, employment, compliance, litigation, personal injury, vendor contract review and negotiations, employment benefits, financing, real estate, and all other matters related to the day-to-day activities of the corporate client.
Dina Rollman, Esq.
Chief Counsel – Compliance
Dina Rollman is GTI’s Chief Counsel – Compliance. In this role, she monitors and ensures full compliance with state and federal laws pertaining to GTI’s multi-state cultivation and dispensary operations.
Dina is an experienced attorney who, prior to joining GTI and specializing in cannabis law, was a commercial litigation partner, representing plaintiffs and defendants in business disputes throughout the country.
Dina is the founder and President of Illinois Women in Cannabis, a not for profit group that promotes women’s role in Illinois’ medical cannabis industry. She recently taught Illinois’ first Cannabis Law & Policy course as an adjunct professor at Chicago-Kent College of Law. Dina has lectured widely on cannabis topics, addressing national trade conferences, national legal conferences and presenting at legal seminars.
She earned a Bachelor of Arts from Oberlin College and a law degree from Northwestern University School of Law.
When Dina is not moving the cannabis industry forward, you might find her playing tennis, reading or running.
Julie Stewart, Esq.
Julie Stewart’s practice focuses on complex commercial litigation. Julie has experience litigating cases involving commercial contracts, intellectual property, medical cannabis, banking & finance, real estate, accounting malpractice, antitrust, employment law, non-competition law and bankruptcy issues. Prior to joining the firm, Julie worked at a large Chicago firm and served as a law clerk to Judge Richard C. Wesley of the United States Court of Appeals for the Second Circuit.
Ms. Stewart is admitted to practice in Illinois and is admitted to the U.S. District Court for the Northern District of Illinois. She received her law degree, magna cum laude, from Cornell University Law School in 2010, where she was named to the Order of the Coif. She received her B.A., magna cum laude, from the George Washington University in 2006 in political science. During law school, Ms. Stewart served as a member of Cornell Law School’s Moot Court Board and the ABA National Appellate Advocacy moot court team. She also served as a managing editor of the Cornell Law Review. Her article, "’Litigation is not Ping-Pong,’ Except When it is: Resolving the Westfall Act’s Circularity Problem," is published in the journal’s 95th Volume.
Registration fees are per person:
Group: $399 per person for 2 or more from the same company pre-registering at the same time
Government employee/Non-Profit* Rate: $375
Law Students/paralegals*: $235 (current JD students only)
We’ve gone green. Registration fees include an electronic copy of your handbook emailed one week in advance of the program. Be sure to check your spam folder if you don’t see it by then.
If you prefer, you may order a hard copy of the handout to be provided the day of the program for $25. To do so, please be sure to check the box when you register. If you want a hard copy, you must order it when you register; there will not be any available for purchase the day of the program.
** Legal Aid/Non-Profit attorneys are those attorneys employed by Legal Aid/Non-Profit firms. It does not include attorneys who have their own practice, or are employed by law firms, that volunteer their time for non-profit causes or take on pro-bono cases. Full and partial scholarships may be available to a limited number of non-profit/Legal Aid attorneys, based upon registration. Please call (877) 858-3848 to discuss or email your request to firstname.lastname@example.org.
IL General: This program is approved for 7.5 units of general CLE in Illinois through October 5, 2020.
CA General: This program is approved for 6.5 units of general CLE in California.
NJ General: The LIVE session of this course is approved, under New Jersey’s CLE Approved Jurisdiction policy, for 6.5 CLE units. Pincus Professional Education is a CA Accredited Provider, which is a NJ approved jurisdiction. See the New Jersey State CLE Board Regulations and Guidelines for further information.
NY General: The LIVE session of this course is approved, under New York’s CLE Approved Jurisdiction policy, for 6.5 CLE units. Pincus Professional Education is a CA Accredited Provider, which is a NY approved jurisdiction. See Section 6 of the New York State CLE Board Regulations and Guidelines for further information.
This program is approved for CLE in the states listed above. Upon request, Pincus Pro Ed will provide any information an attorney needs to support their application for CLE approval in other states other than what is listed above.
Terms & Refund Policies
Recording policy: No audio or video recording of any program is permitted.
Seminar Cancellations: Should you be unable to attend for any reason, please inform us in writing no later than 14 days prior to the event and a credit voucher will be issued. If you prefer, a refund, less a $50 non-refundable deposit, will be issued. No refunds or credits will be given for cancellations received within 14 days of an event. However, if you notify us within 14 days of an event, and wish to convert your in-person attendance registration to an Audio CD package (with handout), we can do so. A small additional shipping charge, and sales tax in CA, will be incurred. No shipping charge is incurred for downloads. We will also issue a voucher for the amount paid if you notify us within 14 days and prefer not to have the audio recording.
Substitutions may be made at any time.
Reminder: The room temperature at hotels and other seminar locations are notoriously hard to control. Please bring a sweater or jacket in case it gets cold and/or layer as if you are going to the movies so you are comfortable.
For policies related to audio products, please select “I want a download or CD” on the right.
There is little dispute that 2016 continued a streak of the most signicant years in marijuana policy since President Richard M. Nixon signed the Controlled Substances Act into law over 45 years ago. Please join us as we guide you through legal considerations faced by businesses, insurers, and employers dealing with the reality of legalized growing, sale, and use of marijuana.
SKU: 171006-CHI Categories: 101 Courses, Boot Camps, Cannabis/Marijuana, CLE Programs, In-Person Seminars, Litigation, Medical/Malpractice, Other, Skills, Trial Litigation Related Tags: Chicago IL, Illinois
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