Federal Protection for Cannabis Brands: USPTO Issues New Guidelines on CBD

On December 20, 2018, the Farm Bill of 2018 was signed into law, which explicitly removed hemp and its byproducts from the definition of Marijuana, a substance prohibited by the Controlled Substances Act. On May 2, 2019, the USPTO issued Examination Guide 1-19 providing official guidance for federal trademark applications covering cannabis and cannabis derived goods and services. It’s now clear that the USPTO will allow federal trademark registrations for marks used on some hemp-based products, including those containing hemp-derived CBD, but there are important limitations.

Read More
Keeping Secrets: Best Practices for Employee Confidentiality Agreements

Businesses of all sizes often have valuable confidential and proprietary information for which employees have exposure to during their employment, an disclosure of such information by an employee may be catastrophic to the company. Confidentiality agreements are often used as a tool to minimize risk of disclosure. The following article provides common questions every company must answer in preparing a confidentiality or non-disclosure agreement.

Read More
The Privacy Bill of Rights Act: GDPR for the U.S.?

Comparing the proposed U.S. Privacy Bill of Rights Act and the GDPR, the Act covers more data than the GDPR and specifically targets businesses selling data (whether anonymous or not). Its drafters’ comprehensive intent is clear; less clear is how the proposed Act will evolve under what are sure to be intensive lobbying efforts by the likes of Facebook.

Read More
Operating Agreement Must-Haves

Laws do not dictate very much about how LLCs operate, so the members of an LLC need to spell pretty much everything out in an operating agreement. If something isn’t included in detail, it can cause really big problems later on.

Read More
Sara Sharp