Archive

[Webinar] Understanding ESOPs: Taxes, Cash Flow, and Employee Ownership

Jul 8, 2025

Looking for a strategic, tax-advantaged way to grow your cannabis company or plan for succession? An Employee Stock Ownership Plan (ESOP) could be the solution. Register to join us on Thursday, August 7 for an in-depth fireside chat with Vicente LLP’s corporate team and special guest Darren Gleeman, Managing Partner at MBO Ventures. We’ll break down the core benefits of ESOPs for cannabis businesses, explore key structures, and answer common questions.

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Corporate Transparency Act, We Hardly Knew Ye: What the Interim Final Rule Means for U.S. Businesses

By Charles Alovisetti
Mar 27, 2025

The Corporate Transparency Act (CTA) has undergone significant changes with the issuance of a new Interim Final Rule (IFR) by the Financial Crimes Enforcement Network (FinCEN). These changes significantly reduced the law's scope, exempting most U.S. companies from Beneficial Ownership Information (BOI) reporting requirements. In this Insights post, we break down the key takeaways of the IFR and explain their impact on your business.

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Corporate Transparency Act Update: FinCEN Suspends Enforcement

By Charles Alovisetti, Bridgette Nikisher
Mar 5, 2025

The Treasury Department recently suspended enforcement of the Corporate Transparency Act’s Beneficial Ownership Information reporting requirements meaning that businesses failing to submit or update their BOI reports by the March 21 deadline will not face fines, penalties, or enforcement actions. In this Insights post, we discuss the latest developments surrounding CTA enforcement, the Treasury’s plans to limit its scope, anticipated regulatory changes from FinCEN, and ongoing legislative and legal challenges that could reshape compliance obligations.

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[Webinar] Hemp Business Funding 101

Feb 27, 2025

Watch this recorded session to learn about financing strategies for hemp-related businesses, including types of funding, investment compliance, and other industry-specific financial considerations.

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Raising Capital for Your Business: Why Companies Should Avoid Non-Accredited Investors

By Charles Alovisetti
Feb 11, 2025

Startups and growing businesses need capital, but should they accept funds from anyone willing to invest? The answer: probably not. In fact, choosing the right investors—particularly accredited investors—can save you time, money, and future headaches. In this Insights post, we discuss what to look for when selecting an investor and the risks of raising funds from unaccredited investors, including disclosure agreements, preemptive rights issues and IPO complications. Plus, considerations when deciding to work with investors outside of the United States.

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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.

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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.

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Corporate Transparency Act Compliance: What You Need to Know

By Jeremy Shaw, Sahar Ayinehsazian
Feb 13, 2024

The Corporate Transparency Act (CTA), effective January 1, 2024, requires many businesses to disclose ownership information. This Insights blog explains who needs to comply, what details to report, and key deadlines. Failing to comply can lead to fines or even imprisonment. Get help understanding exemptions and navigating the CTA's new reporting requirements to ensure your business stays compliant.

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[Vicente LLP Event] Minnesota Hemp & Cannabis Seminar

Sep 18, 2023

Join the Vicente LLP team in Minneapolis for another can’t-miss hemp and cannabis legal and business seminar on October 19, 2023. The event will feature Vicente LLP hemp and cannabis business attorneys Michelle Bodian, Travis Copenhaver, Jeremy Shaw and Jason Tarasek, along with special guests Sen. Lindsey Port and cannabis accountant Angela L’Esperance of Ms. Jane Accounting.

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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.

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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.

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[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.

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[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.

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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

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The ESG Threat by Shareholders and Proxy Challenges

By Marc Ross
Sep 7, 2022

Socially responsible investors and activist board members have been throwing their ESG weight around during the last few proxy seasons at annual shareholder meetings. They demand action on climate change, diverse boards and senior leadership, restrict campaign donations, divestment in specific industries, and request measurement, benchmarking, and reporting of comprehensive ESG impacts.

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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.

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Cannabis Entrepreneurship Academy

May 4, 2021

Colorado Law Executive Education and CU Leeds School of Business are offering an online Cannabis Entrepreneurship Academy on Fridays during June 2021. The academy will tackle many cannabis business issues, including leadership, financing, regulations, markets, and more!

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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.

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5 Things You Need to Know Before Entering the Cannabis Industry

By Brian Vicente
Apr 19, 2021

The cannabis industry is complex. Prospective cannabis business owners and other service providers interested in working with cannabis businesses are wise to take a step back and assess what it really takes to not only enter the cannabis industry, but to succeed in it.

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Commercial Leases Involving Cannabis Businesses

By Ben Leonard and Brett Williams
Mar 9, 2021

This article published by the Colorado Bar Association addresses issues unique to cannabis-related business lease transactions and offers suggestions for structuring such leases to maintain regulatory compliance.

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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.

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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.

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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.

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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.

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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.

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10 Tips for U.S. Cannabis Businesses Facing an Economic Downturn

By Phil Silverman
May 20, 2020

The U.S. is facing its gravest economic crisis since the Great Depression due to the coronavirus pandemic. These 10 concepts are not necessarily unique to cannabis businesses, but in an industry that’s already subject to greater federal, state and local scrutiny, they can serve as a guide for those seeking to relieve their financial stress.

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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.

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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.

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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.

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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.

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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.

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