Litigation & Arbitration

From business divorce, to shareholder disputes, to consumer claims, disputes can arise as companies raise funds, scale quickly, and move to market. They are often the cost of doing business, especially in the fast-paced cannabis and hemp industries. Whether you find yourself in court or in arbitration, you need a trusted advocate who understands the interplay between dispute resolution and cannabis law.

Vicente LLP's experienced litigation and arbitration team includes cannabis attorneys licensed to practice in California, Colorado, Connecticut, Massachusetts, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, Rhode Island, South Dakota, and Wisconsin. They have appeared before state and federal courts and understand the jurisdictional complexities that are unique to cannabis and hemp. We also partner with other law firms that require specialized cannabis counsel.

Our attorneys also know when mediation is most likely to be successful. We have deep experience with alternative dispute resolution and have represented clients in arbitrations under all major rules, including AAA/ICDR, CPR, JAMS, and various local institutions.

LEADERSHIP

Adam Fine

Partner

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Tim Swain

Partner

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Services

Vicente LLP helps clients with the following types of disputes, among others:

  • Contract breaches, including anticipatory breach and failure to perform
  • Business fraud and misrepresentation
  • Consumer liability
  • Products liability
  • Disputes involving insurance policies

Once a lawsuit or arbitration is filed, parties can face many jurisdictional and administrative questions that can affect the outcome of the entire case. Our experienced advocates help businesses navigate questions including:

  • Choice of forum
  • Enforcing contractual consent to arbitration
  • Selecting an experienced arbitrator and coordinating with opposing counsel on choice of a chair
  • Bringing and defending against dispositive motions
  • Managing time and cost in discovery
  • Choice of law analysis

Experience

  • Represented an investor group in buyout negotiations with former business partners relating to an adult-use license and associated properties
  • Represented cannabis manufacturer in a contract dispute with vendor
  • Represented shareholders in negotiating ownership stake in successor entity holding vertically integrated adult-use cannabis licenses
  • Defended various product manufacturers in toxic tort litigation in Massachusetts and Rhode Island
  • Represented shareholder in contract dispute with joint venture partner in arbitration under ICC Rules, including multiple briefing rounds and full hearing on merits
  • Represented consultant in contract dispute with investment fund also involving federal securities and investment law claims in arbitration under AAA Rules
  • Advised multiple clients in responding to third-party subpoenas issued pursuant to federal and state litigations
  • Defended multiple business owners against consumer protection claims in state and federal courts
  • Successfully litigated insurance coverage declaratory judgment actions to secure judicial determination of parties’ duties and obligations under insurance contracts
  • Represented numerous property owners in defending against premises liability claims

News

Hemp-Derived THC Products in California: Overview of U.S. Hemp Roundtable et al. v. California Department of Public Health et al.

By Juliana Todeschi and Shawn Hauser
Oct 24, 2024

In late September, several hemp industry businesses and the U.S. Hemp Roundtable trade group filed a lawsuit against the California Department of Public Health to overturn the new California emergency regulations banning hemp-derived products containing any “detectable” amount of THC. Learn more about the emergency regulations and the lawsuit affecting the future of hemp-derived THC products in California.

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Litigation Attorney Tim Swain and Cannabis Economist Andrew Livingston Slated to Speak at the 2024 AICPA & CIMA Cannabis Industry Conference

Jul 22, 2024

Vicente LLP partner Tim Swain and director of economics and research Andrew Livingston will speak during the AICPA & CIMA Cannabis Industry Conference in Aurora, CO on August 13. Tim will discuss litigation and forensics, and Andrew will provide insights on the cannabis market’s current conditions and future opportunities post-rescheduling. Register now!

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The Battle to Allow Smokable Hemp in Texas

By Shane Pennington
Sep 13, 2021

Texas has allowed hemp cultivation and state-based manufacturing, distribution, and retail sale of hemp and consumable hemp products since 2019—but only if the products weren’t intended for smoking. This prohibition on a product with such high value for hemp farmers—and soaring consumer demand—was sure to make waves.

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sxsw

Aug 25, 2021

Vote for the panel "Sue 'n the DEA: Breaking the 50-Year NIDA Monopoly," featuring Shane Pennington to be included in SXSW 2022!

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Psychedelics As Medicine: Right To Try Case Versus DEA

By Shane Pennington
Aug 9, 2021

In what could be a groundbreaking case for psychedelic medicine, VS counsel Shane Pennington is part of a team working on an exciting and very important Ninth Circuit challenge to the DEA's refusal to accommodate state and federal right to try laws.

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Litigation Funding for Cannabis and Hemp Businesses

By Jennifer Cabrera, David Kramer
Nov 30, 2020

As anyone who has been involved in a legal dispute knows, litigation can be very costly. Thankfully, litigation funding is an option and lenders are increasingly willing to lend to cannabis and hemp businesses.

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Cannabis Litigation vs. Arbitration

By Jennifer Cabrera
Nov 20, 2020

While it’s best to avoid litigation and arbitration in the first place, disputes happen and are occurring more frequently in the maturing cannabis sector. Here's a primer on both.

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