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Legal Articles

Can Landlords be Held Responsible for Unlicensed Marijuana Dispensaries in Colorado?

Posted by Ryan M. Newburn | Sep 26, 2023 | 0 Comments

In 2012, the State of Colorado legalized retail marijuana use by those over the age of 21 through an amendment to their state constitution (Amendment 64). Since its legalization, the state has promulgated many rules and regulations pertaining to the sale of retail marijuana. What restrictions apply to those who operate retail marijuana businesses, and is there any liability for landlords who lease property to retail marijuana establishments? This article will address the potential legal issues landlords face when leasing property to retail marijuana establishments and recommend methods to mitigate such problems.

How will the Supreme Court's affirmative action decision impact nonprofits?

Posted by Patrick Ivy | Sep 05, 2023 | 0 Comments

The Supreme Court’s recent decision on affirmative action in Students for Fair Admissions v. President and Fellows of Harvard College has far-reaching implications for educational institutions and nonprofit organizations promoting diversity, equity, and inclusion. This article summarizes the Supreme Court’s decision and its potential effects on nonprofits, including how they may need to reassess their race-conscious programs and diversity initiatives to navigate the new landscape.

Who Should be a Part of a Non-Profit Board?

Posted by Ryan M. Newburn | Aug 29, 2023 | 0 Comments

Non-profits are legal entities that exist to address an important social purpose; they are often charitable and have missions relating to research, education, and/or community aid. Typically, non-profits are registered as 501(c)(3) organizations to receive tax-exempt status from the IRS. Charitable organizations are vital to the social and economic vitality of the U.S. Non-profits in the United States are abundant. Over 1.5 million 501(c)(3) organizations are registered in the U.S. as of 2023. Non-profits employ 10% of the U.S. labor force, making up over $2.5 trillion of U.S. GDP.

Employment Laws and Cannabis Use

Posted by Ryan M. Newburn | Aug 22, 2023 | 0 Comments

In the ever-evolving landscape of cannabis legalization, the intersection of cannabis use and employment laws has become a focal point of legal deliberation and social discourse. With changing perceptions and attitudes toward cannabis consumption, legislative measures have undergone significant transformations to safeguard the rights of individuals who use cannabis responsibly. This article aims to explore the complexities surrounding cannabis in the workplace and shed light on how the law is continually adapting to protect users' rights from discrimination.

Sarah Silverman's Lawsuit Against OpenAI for Copyright Infringement

Posted by Patrick Ivy | Aug 15, 2023 | 0 Comments

In July of this year, comedian and author Sarah Silverman and similarly situated co-plaintiffs filed a class action complaint in the United States District Court for the Northern District of California against OpenAI and related entities. Silverman and her co-plaintiffs alleged infringement of their held copyrights under 17 U.S.C. § 106 by OpenAI. The lawsuit quickly made headlines, as commentators noted that the case's outcome may have far-reaching implications for the future of artificial intelligence.

Hermes vs. Rothschild - IP Issues Arising with NFTs

Posted by Patrick Ivy | Jul 18, 2023 | 0 Comments

On February 8th, a jury in the Southern District of New York returned a consequential verdict: Mason Rothschild, the defendant, was liable for infringement on and dilution of Hermes International's trademarked handbag, the Birkin. The integrity of the Hermes brand was not the only important outcome at stake. The verdict implicated the future of digital ownership technologies, including the proliferation of non-fungible tokens, or NFTs.

How AI May Impact Intellectual Property Rights

Posted by Patrick Ivy | Jul 11, 2023 | 0 Comments

Artificial intelligence has emerged as a transformative technology with profound implications for various industries. AI’s continued development and reach raises important questions about intellectual property rights and ownership. This article will explore the interconnection between AI and IP and discuss the issues surrounding AI and copyrights, trademarks, patents, and brands.

Colorado’s State-Imposed Remediation Plan Impact on Oil Companies

Posted by Patrick Ivy | Jul 04, 2023 | 0 Comments

In April 2019, the governor of Colorado, Jared Polis, signed into law some of the most sweeping and significant state-level legislation regulating oil and natural gas. The bill, SB 18-191, decisively shifted the state government’s focus from “fostering” the oil and gas industry in the state to “regulating” it—with a particular emphasis on the industry’s climate and environmental impacts.

What is a 501(c)(4) nonprofit?

Posted by Patrick Ivy | Jun 13, 2023 | 0 Comments

The Internal Revenue Service (IRS) defines a 501(c)(4) nonprofit as a tax-exempt organization that is established for social welfare purposes or local associations of employees. The term “501(c)(4)” refers to the section of the Internal Revenue Code where these organizations are granted tax-exempt status.

What Are Fiscal Sponsorships?

Posted by Ryan M. Newburn | Jun 06, 2023 | 0 Comments

A fiscal sponsorship is a relationship between a nonprofit organization and a third-party entity engaged in a project or activity related to its mission – the nonprofit extends its legal and tax-exempt status to that third party in exchange for an administrative fee. The nonprofit is the "Fiscal Sponsor," and the partner organization is the "Sponsored Partner."

Why Businesses Should Care About ESG

Posted by Ryan M. Newburn | May 30, 2023 | 0 Comments

Increasingly, stakeholders and investors require more transparency surrounding the business practices that affect ESG. Businesses that commit to supporting and contributing to the environmental and social health of their local and broader communities are becoming more appealing to investors and consumers and are attracting greater investment and consumer spending.

How to Protect Your Assets Using an LLC

Posted by Patrick Ivy | May 02, 2023 | 0 Comments

Creating a limited liability company (LLC) is a great way to protect your assets. Whether you transfer your real property to an LLC or create an LLC to form a company to protect your personal assets from creditors, this article will explain the benefits of an LLC and how forming one can protect your assets.

What is an Escrow and How Does it Work?

Posted by Ryan M. Newburn | Apr 25, 2023 | 0 Comments

An escrow account is a contractual arrangement where a third party holds money or property in trust until the contracting parties meet a set of conditions. The third party is referred to as an escrow agent. They are neutral to the parties and the agreement and are responsible for the safekeeping and distribution of the money or property in trust upon satisfaction of the conditions.

Fiduciary Duties: How to Ensure You are Abiding By Them

Posted by Ryan M. Newburn | Apr 18, 2023 | 0 Comments

Many professionals may owe fiduciary duties to beneficiaries, colleagues, or co-owners in a business. But what is a fiduciary, and who is a beneficiary? Who might owe a fiduciary duty? How do I abide by my fiduciary responsibilities if I have any? This article will cover the basics of fiduciary duties so that you may understand and comply with them.

Everything You Need To Know About B-Corps

Posted by Ryan M. Newburn | Mar 28, 2023 | 0 Comments

Over the last decade, businesses have become increasingly aware of their impact on the world around them. The growth of the ESG (environment, social, governance) movement has encouraged companies to consider more than just profits. One of the tools of the trend has been B-Corp certification. This certification can demonstrate to consumers a corporation's commitment to acknowledging its impact on the environment, community, and individuals.

Protecting Yourself from Internal Business Risks in Formation Documents

Posted by Ryan M. Newburn | Mar 07, 2023 | 0 Comments

So you're ready to start a business. Which entity type is right for your goals? Many types of business entities depend on how many partners hold equity, what kind of tax protections are important, and how long the business venture is intended to last. This article will discuss several entity types, the filings required with the state, and their internal operating documents. Please note that there are additional, more complex entities that this article does not discuss but still stand as options for incorporation. Further, each state's definitions and specifications differ for properly forming business entities. Therefore, be sure to check your state's requirements.

What California's Cannabis Law on Interstate Commerce Means for Your Cannabis Business

Posted by Ryan M. Newburn | Feb 28, 2023 | 0 Comments

On September 18th, 2022, California passed S.B. 1326, which provided some major implications for the future of interstate cannabis agreements. Additionally, the California Department of Cannabis Control has pushed the Attorney General to allow the interstate transfer of cannabis and cannabis products. This article will explain the law and important future policy changes to look out for.

Department of Labor's Broad Independent Contractor Proposal - What You Need to Know

Posted by Ryan M. Newburn | Feb 14, 2023 | 0 Comments

On October 13, 2022, the U.S. Department of Labor published a Notice of Proposed Rulemaking (NPRM) in the Federal Register to revise their guidelines on the distinction between an employee and an independent contractor under the Fair Labor Standards Act (FLSA). The proposal would replace a rule promulgated in 2021, the Independent Contractor Status Under the Fair Labor Standards Act, by creating an analysis for determining whether someone is an independent contractor or an employee. The proposal aims to reduce the risk that employees get classified as independent contractors in the future. This article will explain the proposed rule, how it would change the analysis, and compare it to other methods of distinguishing between an employee and an independent contractor.

New Labor Laws' Impact on Injunctive Relief and Non-Compete Provisions

Posted by Ryan M. Newburn | Feb 07, 2023 | 0 Comments

Lately, labor laws on injunctive relief clauses and non-compete provisions have been under scrutiny by the Supreme Court of the United States and the Federal Trade Commission (FTC). The Supreme Court is hearing cases on labor laws that include contracts with injunctive relief provisions. Moreover, the FTC recently proposed a ban on non-compete provisions that, if passed, would have significant implications for employers and businesses. This article will explain the possible changes and help your business prepare if there are substantial revisions to labor laws.

How Your Business Can Recover Business Debts

Posted by Ryan M. Newburn | Jan 31, 2023 | 0 Comments

Not receiving payments for services or goods provided may severely impact your cash flow and overall business. In some situations, legal action may be required. However, before you get lawyers involved, there are many steps you can take to recover your business debts.

Current Status of Climate Change Lawsuits

Posted by Ryan M. Newburn | Jan 24, 2023 | 0 Comments

Climate change is a term that most of us have heard by now in some form or another. Whether from the news, social media, or in casual conversation out in the real world, we may have heard it being used in a negative context, or perhaps even in a contentious or controversial one, as it relates to "politics" or personal beliefs.

Cannabis Dispute Resolution

Posted by Ryan M. Newburn | Jan 17, 2023 | 0 Comments

Disputes can arise between business partners, providers, customers, or employees. You can avoid future complications by providing a means of conflict resolution in your contracts. Many businesses in the cannabis industry should consider Alternative Dispute Resolution Provisions in their contracts. If you own a cannabis business, contact our experienced cannabis attorneys to learn what dispute resolution provisions work best for your company.

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