Cannabis civil and commercial litigation

“Cannabis litigation is reaching maturity — we are seeing the same contract disputes, employment claims, real estate battles, and investor fraud cases that characterize any established industry. The difference is that cannabis defendants face a federal illegality defense that courts have treated inconsistently.”

— Robert Hoban, Hoban Law Group

“Cannabis litigation is reaching maturity — we are seeing the same contract disputes, employment claims, real estate battles, and investor fraud cases that characterize any established industry. The difference is that cannabis defendants face a federal illegality defense that courts have treated inconsistently. The Seventh Circuit's ruling in Kenney v. Helix TCS clarified that FLSA protections apply to cannabis workers regardless of federal scheduling. Other federal courts have been more willing to invoke the in pari delicto doctrine to block contract enforcement. Knowing which circuit you are litigating in is as important as knowing your facts.”

— Robert Hoban, Hoban Law Group