The SAFE Banking Act of 2019 passes the House Financial Services Committee

What is one of the biggest problems facing cannabis businesses today? What to do with the money. Currently, most banks are reluctant to service cannabis businesses as such activity could threaten the bank’s charter since marijuana remains a Schedule I substance federally. Cannabis businesses cannot generally use credit cards or electronic funds transfers. Cash, which…

Texas Supreme Court Declines to Decide Whether ANTI-SLAPP Motion Applies in Pre-Suit Depositions in Texas

The Texas Supreme Court punted on deciding an important issue for litigants facing online defamation and disparagement in Glassdoor, Inc. v. Andra Group, LP, No. 17-0463 (Tex. January 25, 2019).   The Texas Citizens Participation Act (“TCPA”), often referred to as the Texas Anti-SLAPP law, protects the first amendment freedoms of individuals and businesses.  It…

Bankruptcy Law Lacks Remedies for Businesses Operating in Violation of the Controlled Substances Act

Entrepreneurs start new businesses knowing they are taking certain financial risks. They recognize that their businesses may fail. Entrepreneurs also know that they can likely obtain some value from the sale, reorganization or liquidation of the failed business.  The Bankruptcy Code facilitates the ability of companies to recover the value from the assets and business…

Investments in a Small Business

I receive this question from time to time: “I started a small business and sold investments in it to my friends or family.  Now some of them want their investment back,but we are using the money for the business, and we are still building it up.  They say if they don’t get the money back…

Infringing Conduct Originating Abroad Which Reaches the United States Can Result in Copyright Liability

If an infringing performance of licensed broadcast media reaches domestic users in the United States, can the foreign originator of the performance be held liable under the United States Copyright Act? The D.C. Circuit has answered that in the affirmative by holding that an infringing performance that originates abroad but terminates in the United States…