Archive

Court Halts Enforcement of Corporate Transparency Act

By Charlie Alovisetti, Bridgette Nikisher
Dec 5, 2024

On December 3, 2024, the U.S. District Court for the Eastern District of Texas (Sherman Division) issued a nationwide preliminary injunction against the enforcement of the Corporate Transparency Act (CTA) and its January 1, 2025 filing deadline. While this injunction remains in effect, the federal government cannot enforce CTA disclosures or the January 1, 2025 filing deadline. Stay tuned - this is a preliminary decision.

Boston Magazine’s 2024 List of Top Lawyers Includes 10 Vicente LLP Attorneys

Dec 2, 2024

Vicente LLP is honored to announce that ten attorneys from our Boston office were selected for inclusion in Boston Magazine’s 2024 “Top Lawyers” list. Each year, Boston Magazine highlights the outstanding legal professionals in the Greater Boston area who blend exceptional legal services with a “genuine commitment to helping their clients.” Congratulations to our Vicente attorneys recognized for their work in Corporate Law, Government and Administrative Law, Civil Law Litigation, Land Use/Environment, Business Law, and Commercial Litigation!

[Webinar] Cannabis Rescheduling: Timeline, Tax Strategies & 280E

Oct 17, 2024

Watch this Vicente session to learn about how rescheduling may impact 280E and tax planning! Vicente attorneys, along with special guest tax attorneys from HBK CPAs and Jones & Keller, provide an update on the rescheduling process, including the timeline to a final rule and potential obstacles, along with a deep dive into 280E and tax strategies.

Raising Capital for Maryland Social Equity Cannabis Businesses

By Charles Alovisetti, Elena Markos
Sep 27, 2024

Maryland recently awarded cannabis business licenses to social equity applicants. If you were one of the lucky lottery winners, now it’s time to focus on raising money for your business. Read this insight for essential considerations around raising capital for Maryland social equity cannabis licensees.

Vicente LLP Cannabis Attorneys Are Headed to the Benzinga Cannabis Capital Conference in Chicago

Sep 9, 2024

Join Vicente LLP at the Benzinga Cannabis Capital Conference in Chicago on October 8 and 9! Partners Charles Alovisetti and Sahar Ayinehsazian will discuss cannabis financing and how rescheduling cannabis affects the credit risk profile of cannabis companies during panels on October 8. Plus, partners Travis Copenhaver and Jeremy Shaw will also be in attendance. Contact us to schedule a meeting during the conference!

New York LLC Transparency Act Update

By Charlie Alovisetti, Daniel Molina
May 15, 2024

The New York LLC Transparency Act, which requires certain businesses to disclose ownership information to the state, was recently updated. Read this insight to learn what businesses in all industries need to know about the new law, including deadlines and penalties for noncompliance.

[Webinar] From Maryland Lottery to Cannabis Business License: Priorities, Strategies & Solutions

Apr 5, 2024

Watch this informative webinar with members of Vicente’s Maryland and Corporate teams and Cannabis Capital Advisors’ Christopher Stefan. Panelists will guide attendees with essential next steps to successfully navigate Maryland’s cannabis industry, including insights into the application review process, compliance requirements, and financing options for raising capital to build an operational cannabis business in Maryland.

[Webinar] Preparing for New York Cannabis Business Licensing

Sep 14, 2023

New York's adult-use cannabis licensing is set to open in the fall, and members of Vicente LLP’s New York team and a special guest from Dutchie provide answers to the “who, what, where, when and how” questions on the minds of prospective Empire State cannabis licensees during this webinar replay.

Revised New York Adult-Use Cannabis Regulations: What You Need to Know

By Michelle Bodian, Elliot Choi, Brandon Kurtzman, Charles Alovisetti
May 11, 2023

On May 11, 2023, New York’s Cannabis Control Board voted to approve the revised adult-use cannabis regulations. The Office of Cannabis Management (OCM) has indicated adult-use cannabis applications will open up in the fall, meaning these revised regulations will function as our roadmap. This article outlines key changes in the revised regulations.

Buying a Ketamine Clinic: Why, How, and Risks to Understand

May 11, 2023

With ketamine being the only approved psychedelic drug for medical use, ketamine clinics offer a unique opportunity for investors and entrepreneurs looking to enter the expanding market of innovative mental health therapies. In this article, we will explore the reasons behind the growing demand for ketamine clinics and the unique regulatory considerations involved in transactions involving these businesses.

Key Aspects of New York's Cannabis Law and Draft Regulations

By Charles Alovisetti
May 8, 2023

New York's Cannabis Control Board meets this week and a revised set of draft regulations, reflecting comments from the initial period, is expected to be released before the meeting. Attend our webinar on May 17 for a deep dive into the revised regulations.

Forming Psychedelic Companies: 10 Lessons from the Cannabis Industry

By Charles Alovisetti
Mar 22, 2023

A new industry is emerging in the United States, and entrepreneurs in the psychedelics space must make critical decisions at the onset of new ventures regarding how to set up and structure their new businesses. Luckily, we have access to another industry with a complex legal framework and a patchwork of different state laws: cannabis. And after forming hundreds of cannabis companies with clients over the past decade, Vicente LLP has lessons to be shared.

[Webinar] Restructuring Options in Cannabis: Out-of-Court Workouts

Mar 15, 2023

Cannabis businesses facing insolvency can't access federal bankruptcy courts, but they do have restructuring options. One of those options is an out-of-court workout between lenders and borrowers. Watch this Vicente LLP session to learn the practical issues around out-of-court workouts and cannabis companies.

[Webinar] Restructuring Options in Cannabis: Receiverships

Feb 16, 2023

Cannabis companies facing insolvency must use state receiverships or out-of-court workouts to restructure an insolvent business. But what does that mean, and what is the right choice for your business? Watch our live session on the practical issues around the receivership of cannabis companies.

Raising Private Capital in the Cannabis Industry

By Charles Alovisetti, Elliot Y. Choi, and Sahar Ayinehsazian
Sep 29, 2022

Charles Alovisetti, Elliot Y. Choi, and Sahar Ayinehsazian write for the Bloomberg Law, reflecting on the challenges and journey of raising private capital in the cannabis industry

Charles Alovisetti to Present Cannabis Real Estate Financing CLE

Jul 1, 2021

The CLE, titled "Financing Cannabis-Related Real Estate: Structuring Options, Enforcement Issues, Regulatory Hurdles" will analyze legal and practical issues borrowers and lenders need to consider when documenting and funding a loan transaction secured by cannabis-related real estate.

What is a Cannabis REIT?

By Charles Alovisetti, Cassia Furman
Apr 23, 2021

To many in the cannabis industry, REIT is not a common acronym. Yet, as cannabis businesses seek ways to raise funds, REITs are coming up in more and more conversations.

What is a Cannabis SPAC?

By Charles Alovisetti and Ilya Ross
Feb 19, 2021

With wary investors and a minimal number of FDIC-insured bank lenders in the space, cannabis entrepreneurs are running out of options to raise capital. SPACs create a unique opportunity to fill the current vacuum of capital in the cannabis industry.

Coronavirus and Cannabis: Colorado Regulatory Updates

By Charles Alovisetti, Corey Cox, Justin Johnson, Andrew Livingston, Jessica Scardina, Jordan Wellington, Catie Wightman
Jan 11, 2021

Vicente Sederberg is monitoring the potential impact of the coronavirus (COVID-19) on cannabis businesses, service providers, and consumers in Colorado.

The Impact of COVID-19 on the Cannabis Industry

By Charles Alovisetti, Sahar Ayinehsazian, Andrea Golan
Nov 5, 2020

The coronavirus and efforts to contain it have led to changes in the regulatory landscape and consumer behavior that are likely to shape the cannabis industry moving forward. In spite of COVID-19, or perhaps because of it, the cannabis industry is thriving, and will continue to do so as long as demand remains strong and operators adhere to the rules and regulations designed to keep consumers and employees safe.

Raising Private Capital in the Cannabis Industry

By Charles Alovisetti, Elliot Choi, Sahar Ayinehsazian
Sep 18, 2020

Raising private capital continues to be a challenge for the nascent cannabis industry, but there are proactive steps companies can take to maximize the chance of a successful raise.

Guide to Closing Cannabis Transactions Between Private Companies

By Charles Alovisetti, Elliot Choi, Ben Leonard, Jeremy Shaw
Aug 6, 2020

Conducting a closing is one of the more stressful tasks for junior and even senior attorneys. When a deal is ready to close, most of the principals and businesspeople are finished with their work, but lawyers are not out of the woods yet.

Avoiding Massive Delaware Franchise Tax Bills

By Charles Alovisetti
Jun 24, 2020

Forming a Delaware corporation is a good idea for some cannabis startups, but often results in a hefty Delaware franchise tax bill. In this article, we explain why you might actually owe less.

Exploring Alternatives to Bankruptcy for Cannabis Businesses

By Charles Alovisetti, Phil Silverman, Jason Adelstone
Apr 17, 2020

Bankruptcy law provides advantages for financially distressed companies to restructure debt while continuing to operate. Without access to U.S. Bankruptcy Code protections, marijuana companies must turn to out-of-court restructurings and state law insolvency proceedings.

How to Get a Medical Marijuana Card via Telemedicine

By Charles Alovisetti, Brandon Kurtzman
Apr 16, 2020

Since COVID-19 has limited patient ability to get in-person consultations and examinations with health care providers, how does one go about obtaining a medical marijuana patient certification?

Public Companies Can Now Own Cannabis Licenses in Colorado

By Charles Alovisetti, Jessica Scardina, Ben Leonard, Carl Werner, and Justin Johnson
Nov 18, 2019

HB-1090 is live and Colorado's cannabis industry is officially open to publicly-traded companies and out-of-state investors. Find out what we've learned so far about this brand-new system.

Blue Sky Laws and the Cannabis Industry

By Charles S. Alovisetti, Partner
Oct 7, 2019

In addition to federal securities laws, each state and territory has its own securities laws, often referred to as blue sky laws. Cannabis company compliance with these rules may be more important due to heightened regulatory scrutiny.

Can Hemp Companies Declare Bankruptcy?

By Charles S. Alovisetti, Partner; Phil Silverman, Counsel; Jason Adelstone, Law Clerk
Sep 27, 2019

One of the many issues arising out of the tension between state and federal law in the cannabis industry is whether cannabis companies can access the protections of federal bankruptcy law.

How to Sell Hemp Food Products Without Breaking the Law

By Charles S. Alovisetti, Partner
Sep 19, 2019

Despite news headlines saying that hemp is federally legal, many hemp-derived food products and supplements currently sold in the US are in violation of federal law. But some hemp food products can actually be sold in complete compliance with US Federal law. How so?

Budding Companies Part 3: Governance, Exits and Investors

By Charles S. Alovisetti, Partner
Sep 9, 2019

The third post in our “Budding Companies: Forming Cannabis Startups” series, where we explore different issues involved in the formation of new marijuana and hemp companies. In this post, we will focus on governance, exits, and investors.

Budding Companies: Forming Cannabis Startups

By Charles S. Alovisetti, Partner
Sep 6, 2019

The first post in our “Budding Companies: Forming Cannabis Startups” series, where we explore different issues involved in the formation of new marijuana and hemp companies. In this post we will focus on entity choice and taxation.