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Overview

Anderson Kill's Regulated Products Practice Group draws on the experience of attorneys from across the full range of the firm's practice groups in matters ranging from corporate to compliance, employment, intellectual property, tax and real estate. Our experience in established heavily regulated industries such as wine and spirits makes us well-equipped to counsel clients engaged in the production and sale of America's newest and tightly regulated legal substances.

The fact is that twenty-three states and Washington, DC1 already in some way have legalized marijuana for either medicinal or recreational purposes. It is likely that at least some other states will follow suit. Compliance with state and federal laws applicable throughout the United States is imperative. We help our clients comply with settled and emerging local, state and federal laws and regulatory policies that govern the financing, marketing and retail sale of regulated products. Our commitment to clients operating in a regulated product environment is evident in our efforts to inform clients of developing legal issues and changes in the business landscape, of what clients are permitted and not permitted to do in this tapestry of different laws in different jurisdictions throughout the country.

The group is chaired by David Graff and Jerry S. Goldman. An aggressive and creative litigator, Mr. Graff has employed novel strategies and won first-of-its-kind results leading to his recognition as a Rising Star -- one of 10 outstanding securities litigators under 40 in the United States -- by Law 360, as well as recognition by The New York Law Journal. He has extensive experience representing sellers of regulated products. Mr. Goldman, a former prosecutor, has over 35 years of experience interpreting state and federal laws and regulatory policies that govern regulated products, including marijuana as a regulated substance, from both litigation and corporate perspectives. Anderson Kill's Regulated Products Practice Group attorneys and professionals leverage their diverse practice experience to provide comprehensive legal representation to clients entering regulated product marketplaces. We are equipped to assist in all aspects of these cutting-edge industries by providing customized, multi-disciplinary legal services in the following areas:

  • Corporate - We counsel clients in corporate formation, corporate structuring, joint ventures and special purpose vehicles, contracts, mergers and acquisitions, as well as complex transactional and corporate governance legal matters, all of which are applicable to the needs of the regulated products industries (more information here)
  • Employment and Labor - We have extensive experience in every phase of employment and labor law (more information here)
  • Intellectual Property – We handle a full range of intellectual property issues including trademark, trade dress, trade secrets, copyright, and patent litigation which relate to needs of participants in this legal arena (more information here)
  • Real Estate – Our real estate professionals counsel clients in all aspects of land use, acquisition, ownership, construction and development, leasing, and management. The nature and legal constraints imposed upon the regulated products industry require consideration of real estate issues specific to those operating in this area. Anderson Kill's attorneys' experience in the real estate field equips them to counsel clients through these unique issues (more information here)
  • Corporate Tax - Our corporate tax professionals advise on corporate mergers and acquisitions along with tax compliance and planning including developing IRC Section 280E strategies (more information here)
  • Litigation – We represent litigants in breach of contract, covenants not to compete, common law fraud, corporate governance, and unfair competition matters (more information here)
  • Insurance Recovery – Our reputation for insurance coverage matters is well-known. We represent policyholders in all manners of insurance recovery for commercial matters including property, business interruption, employment practices, directors and officers, errors and omissions, and general liability insurance, each of which are relevant to clients involved in or entering regulated product marketplaces (more information here)

For more information about the firm's Regulated Products Practice Group, please contact the Chairs of the Group, David Graff at dgraff@andersonkill.com or (212) 278-1333 or Jerry Goldman at jgoldman@andersonkill.com at (212) 278-1569.

1Anderson Kill has offices in California, Connecticut, New Jersey, New York, and Washington, DC where medical marijuana is legal.