Construction Lien Claims and the Coronavirus

Construction Lien Claims and The Coronavirus

As the economy continues to recover from the global coronavirus pandemic, property managers and contractors must find ways to ensure they fulfill their contracts and receive payment for their work. While contractors may once have been paid easily and on time after a project, current financial situations complicate payments for construction workers. Construction lien claims are legal tools used to ensure contractors and subcontractors are properly compensated for the work they complete on a project, but the complexity of the Covid-19 pandemic makes this more difficult. Read below to learn more and discover how the Dallas law firm Ritter Spencer Cheng helps individuals or businesses file a construction lien claim.

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Five Businesses to Bounce Back After Filing for Bankruptcy

Five Businesses to Bounce Back after Filing for Bankruptcy

Many businesses fall victim to a combination of factors that lead to the necessary decision to file for bankruptcy. However, doing so does not necessarily mean the business completely fails. In certain instances, and with the right attorneys from the Dallas law firm of Ritter Spencer Cheng PLLC, a company may emerge from bankruptcy with a stronger and clearer path to lucrative and lasting success. Specifically, filing for bankruptcy allows a business to reorganize its affairs, debts, and assets to reallocate and restructure the company to make it possible for a business to bounce back. Below we’ve outlined some of the most notable businesses to bounce back from bankruptcy and continue to see success today. 

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Predictions For the CBD Market in 2021

Predictions for the CBD Market in 2021

After an unprecedented year politically, socially, and economically, cannabidiol (“CBD”) continues to significantly impact the United States’ retail markets and even the health sector. This highly sought after cannabinoid is becoming increasingly common in various forms, including tinctures, topical applications, oils, capsules, and more. But what is next for CBD in 2021? Below we explain our predictions regarding CBD’s influence in the coming year. 

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Understanding Texas’s Compassionate-Use Program

Understanding Texas's Compassionate Use Program

In 2015, the Texas Compassionate Use Act, Senate Bill 339, was enacted, requiring the Texas Department of Public Safety (“DPS”) to create a secure registry for qualified physicians to treat patients suffering from a limited list of medical conditions, such as ALS and intractable epilepsy, with low-THC cannabis. In 2019, the Texas Legislature expanded the Texas Compassionate Use Program (“TCUP”) via House Bill 3703 to include additional medical conditions, e.g., incurable neurodegenerative diseases, and physician specialties in which low-THC cannabis can be prescribed. Moreover, the Compassionate Use Registry of Texas (“CURT”) has been updated in accordance with the expanded TCUP to allow for a simpler process for physicians to register and prescribe low-THC cannabis to their patients. 

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The Smokable Hemp Ban in Texas is Enjoined Until 2021

Smokable Hemp Ban is Enjoined Until 2021

In June of 2019, the state of Texas passed HB 1325, which, in part, authorizes and directs the Texas Department of State Health Services (“DSHS”) to enact rules regarding the processing and manufacturing of smokable hemp products. See Tex. Health & Safety Code § 443.204(4). In August of 2020, DSHS banned the processing, manufacturing, distribution, and retail sale of smokable hemp products throughout the state of Texas. See Tex. Admin. Code § 300.104. With its excessive regulations, DSHS essentially stifled the smokable hemp market in Texas, forcing existing companies, such as Crown Distributing LLC (“Crown”), to move their businesses out of state.

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Will CBD Be Classified as a Dietary Supplement?

Will CBD Be Classified as a Dietary Supplement

The U.S. Food and Drug Administration (“FDA”) currently prohibits cannabidiol (“CBD”) from being added to food, beverages, or cosmetics and from being sold as a dietary supplement. While we await further guidelines from the FDA, Congressmen Kurt Schrader of Oregon and Morgan Griffith of Virginia introduced on September 4, 2020, H.R. 8179, the “Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act of 2020”, which would allow hemp, CBD, and any other hemp-derived ingredient to be sold as dietary ingredients in dietary supplements under the Federal Food, Drug, and Cosmetic Act (the “FD&C Act”).  

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The Growing Market of Smokable Hemp and Its Legal Obstacles

The Growing Market of Smokable Hemp and Its Legal Obstacles

The Agricultural Improvement Act of 2018 (the “2018 Farm Bill”) established that hemp is to be treated similarly to other legal agricultural commodities and traded in standard interstate commerce as a raw material. However, the 2018 Farm Bill governs only state production programs and specifically permits states to enact more stringent regulations than those contained in the Bill. As a result, legal hemp has facilitated the emergence of a wide array of consumer products and uses. Specifically, smokable hemp has made a significant presence in the cannabis and hemp markets and continues to grow despite the increasing legality of other forms of cannabis that often include higher concentrations of tetrahydrocannabinol (“THC”). Below, we discuss the smokable hemp industry and the legal challenges it faces as it comes to fruition. 

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Cannabinol (CBN): Is It Legal?

Cannabinol (CBN) - Is it Legal?

As different cannabinoids begin to gain recognition in the hemp and marijuana industries, it is crucial to discuss the legal considerations and challenges facing manufacturers, producers, retailers, and other cannabis-based businesses. In such a new space, promising cannabinoids have the potential to make a significant impact on the market. One of the cannabinoids gaining notable traction is known as cannabinol (“CBN”). Today on the blog, we review its legal status.

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Financial Due Diligence for Hemp-Related Businesses: Banking Update

Financial Due Diligence for Hemp-Related Businesses

In June of 2020, the Financial Crimes Enforcement Network (“FinCEN”) issued updated guidance regarding the Bank Secrecy Act/Anti-Money Laundering (“BSA/AML”) regulations for hemp-related business consumers. Financial institutions must do their due diligence for customers, but especially for hemp-related businesses, as the legalities and recommended practices are continually changing. Additionally, the National Credit Union Administration (“NCUA”) recently put forth further guidance for credit unions serving hemp-related businesses. As the hemp industry continues to progress, the banking industry is actively organizing their expectations and guidelines to keep up and simplify hemp-related interactions. Below, we summarize each of these resources to give you the straightforward essentials. 

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