First Circuit: First Amendment Protects Secretly Recording Police Officers in Public

January 7, 2021

The U.S. Court of Appeals for the First Circuit has struck down the Massachusetts “wiretap” statute — which bans secret audio recordings — as it applies to the surreptitious recording of police officers performing their duties in public. In a pair of cases brought by the American Civil Liberties Union of Massachusetts and the controversial…


Boston Cannabis Board Announces Policy Shift on Share Transfers

October 5, 2020

At the September 16 meeting of the Boston Cannabis Board (the “Board”), the Executive Secretary announced an important policy shift that will make doing business in Boston more friendly. Specifically, the Board intends to allow owners of licensed companies to sell and/or transfer shares within the company.  We are currently awaiting the draft proposal. From…


Commission Proposes New Opportunities for Marijuana Delivery Businesses

September 25, 2020

On Tuesday, September 22, the Massachusetts Cannabis Control Commission (“CCC”) proposed regulations that would establish new marijuana delivery business opportunities. The regulations contemplate the issuance of “Limited Delivery Licenses,” which are similar to previously-proposed delivery licenses, and new “Wholesale Delivery Licenses” that would allow companies to buy product from cultivators and production licensees and sell…


More Guidance from Feds on Employer “Dos and Don’ts”

September 15, 2020

Employers are hungry for definitive guidance on how to respond to COVID-19. With middling success, the Equal Employment Opportunity Commission (EEOC) has tried to meet this demand. On September 8, the EEOC updated its guidance on COVID-19 to address 18 questions regarding the COVID pandemic and the Americans with Disabilities Act (ADA).  For the most…


SEC Expands Definition of “Accredited Investor”

September 15, 2020

On August 26, 2020, the U.S. Securities and Exchange Commission (SEC) expanded the definition of “Accredited Investor” for purposes of exempt private offerings under Regulation D to include new categories of individual and corporate investors. For private offerings claiming exemption from registration under the securities laws, the  SEC greatly restricts sales to non-Accredited Investors by…


In the Age of COVID-19, a Health Care Proxy and Durable Power of Attorney are More Valuable than Ever for Your College Student

July 2, 2020

Many parents are surprised to learn that once their child reaches the age of majority – eighteen in most states – the parent is no longer automatically considered to be the child’s legal representative for health care or banking purposes.  Confidentiality laws intended to protect an adult’s privacy apply to your eighteen-year-old child.  These laws…


Energy and Environmental Standards for Cannabis Businesses Now in Effect

July 17, 2020

As of July 1, 2020, all applications for licenses to operate adult-use marijuana establishments and medical marijuana treatment centers (“Establishments”) must comply with the Cannabis Control Commission’s (the “Commission”) energy efficiency, environmental, and reporting standards set forth in 935 CMR 500.000 and 501.000. Specifically, each such Establishment’s management and operations profile must include a summary of…


Client Alert: Report on Boston Cannabis Board’s Inaugural Hearing, June 24, 2020

June 25, 2020

Report on Boston Cannabis Board’s Inaugural Hearing, June 24, 2020 On Wednesday, the Boston Cannabis Board (BCB) had its inaugural hearing.  Commissioners on the call included Lisa Holmes, John Smith, Darlene Lombos, and Kathleen Joyce as chair.  Other attendees included the BCB’s Executive Secretary, Lesley Hawkins, Director of the Office of Emerging Industries Alexis Tkachuk,…


Client Alert: Ready to Dominate the Cannabis Delivery Market?

June 22, 2020

Ready to Dominate the Cannabis Delivery Market? Last month, the Cannabis Control Commission (CCC) released its long-awaited forms of application for Delivery-only Licenses and add-on Delivery Endorsements. The applications do not reveal all answers or all of the requirements, but the following is a short introduction to key provisions relating the new license types. As…


New Law Gives Flexibility to Paycheck Protection Program

June 12, 2020

On June 5, 2020, the President signed into law the Paycheck Protection Program Flexibility Act of 2020 (the “Flexibility Act”). The new law amends the Paycheck Protection Program (“PPP”), the lending system created by the March 27 CARES Act to support the ability of businesses to maintain workers on their payroll during the COVID-19 pandemic. Before…