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Few industries promise rapid growth equal to that of the cannabis industry, with one study projecting the industry could reach $30 billion in annual sales by 2025. This growth continues to accelerate as more states legalize cannabis for medical or adult use. But until federal cannabis laws are reformed, the illegality of cannabis at the federal level could render
all contracts associated with cannabis – whether they govern insurance, banking, consulting, leasing, etc. – unenforceable.
It is a basic tenet of contract law that a contract that requires a party to perform an illegal activity is unenforceable. After experiencing buyer’s remorse, some cannabis companies and their vendors have used this “illegality” defense as a sword to avoid the enforcement of cannabis-related contracts. Whether cannabis’s federal illegality renders a particular cannabis contract unenforceable turns on several factors: state law
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Chapter 11 bankruptcy cases are most frequently filed by businesses. However, certain high-earning individuals whose debts are above the statutory debt limits to qualify for Chapter 13 can also file for Chapter 11 relief. In Chapter 11 cases, the debtor retains control of its operations as a debtor in possession (DIP) and has the benefits and duties that are held by a Chapter 7 trustee. However, if the debtor acts in bad faith or mismanages the bankruptcy estate during the course of the case, a Chapter 11 trustee may be appointed to operate the business going forward.
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Many observers are watching with keen interest how the new nominee for the Secretary of the Department of Health and Human Services (HHS), California Attorney General Xavier Becerra, will run the department if confirmed. In some respects, Becerra has a different background as compared to past HHS heads. Nonetheless, Becerra’s background is intriguing, and observers are carefully monitoring how his past experiences might affect his future policy plans.
Becerra has historically been aggressive in cracking down on public fraud and expanding the scope of California’s False Claims Act. And, in this respect, the Biden administration has suggested that Becerra will bring this prosecutorial outlook to HHS and work closely with the Department of Justice to “boost health fraud enforcement efforts.” Whatever the administrative impact of Becerra’s nomination may be, it serves as a clear signal that the continued crackdown o
The next state in our series exploring non-compete agreements is
Alabama. The Yellowhammer State has a fulsome history of litigation (resulting in many reported decisions) involving non-competes and other post-employment competitive restrictions. The legislature has recently revised its non-compete statute, codifying existing law in some areas, while making new law elsewhere. For this chapter, we’ll add the insights of my Birmingham, Alabama, partner John Goodman, who has for more than 30 years represented non-compete plaintiffs and defendants in Alabama courts (as well as the courts of more than a dozen other states).
Alabama’s non-compete law is similar to that of many other jurisdictions: Such agreements are void as against public policy[i] unless they satisfy one of several statutorily prescribed exceptions.[ii] The most commonly used of these exceptions are for agreements between employers and employees, agreements between employer and employee not to solicit from the
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