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Articles by Carter Ledyard
Cannabis at an inflection point: federal rescheduling, hemp crackdowns, constitutional limits in 2025
(January 14, 2026) - Alexander Malyshev and Sarah Ganley of Carter Ledyard & Milburn LLP discuss the regulatory and legal landscape around cannabis, characterized by momentum for federal rescheduling as well as opposition to legalization and court challenges. The U.S. cannabis industry entered 2025 amid growing skepticism that federal rescheduling would move beyond preliminary announcements and extended agency review.
The crackdown deepens: the next phase in the federal and state battle over intoxicating hemp products
(November 12, 2025) - Alexander Malyshev and Sarah Ganley of Carter Ledyard & Milburn LLP discuss the intensifying federal and state crackdown on intoxicating hemp products, noting recent court rulings and multistate advocacy. In our July article, we chronicled the accelerating federal and state pushback against intoxicating hemp-derived cannabinoids like delta-8 THC and delta-10 THC, compounds that flourished in what many perceived to be a legal gray zone opened by the 2018 Farm Bill.
In Variscite ruling, Dormant Commerce Clause comes for New York's in-state conviction preference for cannabis licenses
(September 10, 2025) - Alexander Malyshev and Sarah Ganley of Carter Ledyard & Milburn LLP discuss a court decision holding that the Dormant Commerce Clause applies to the recreational cannabis market, thus prohibiting New York from privileging its residents when awarding licenses to cannabis businesses. As readers of this column know, New York's Adult-Use licensing scheme has experienced numerous challenges, both operationally and in court.
The battle over buzz: Federal and state crackdowns on intoxicating hemp products escalate
(July 09, 2025) - Alexander Malyshev and Sarah Ganley of Carter Ledyard & Milburn LLP discuss a gray area when the 2018 Farm Bill legalized hemp and whether a loophole was created allowing for intoxicating hemp-derived cannabinoid products.
U.S. House Of Representatives Passes Tax Reform And Reconciliation Act
On May 22, 2025, the U.S. House of Representatives passed the sweeping Tax Reform and Reconciliation Act by a 215–214 vote. This 1,100-page tax package, developed through the House Ways and Means Committee under the reconciliation process, now advances to the Senate, where additional debate and changes are expected. We have attached a CCH tax briefing which is an excellent summary. Stay tuned. The content of this article is intended to provide a general guide to the subject matter.
CLM's Tax Tête-à-tête Podcast Returns For Season 3
CL Carter Ledyard & Milburn More Carter Ledyard & Milburn is a New York-based law firm with a strong focus on litigation, corporate transactions, real estate, and trusts and estates. We have a ratio of partners to associates of about one to one, and provide personal, partner-level attention to all clients and matters, large and small.
Cannabis legalization pushback: Anti-legalization groups ramp up efforts to stop the green wave
(March 19, 2025) - Alexander Malyshev and Sarah Ganley of Carter Ledyard & Milburn LLP discuss opposition efforts to legalization of cannabis that seek to influence laws and policy at the state and federal levels. State-level cannabis legalization efforts in the United States have accelerated over the last decade, especially in the wake of the 2018 Farm Bill, which legalized "hemp" (cannabis with very low levels of naturally occurring Delta-9 THC, the intoxicating cannabinoid found in cannabis).
Cannabis and Trump 2.0: 2025 and beyond
(January 09, 2025) - Alexander Malyshev and Sarah Ganley of Carter Ledyard & Milburn LLP discuss what the cannabis sector can expect as 2025 begins in areas such as federal rescheduling, legislation and litigation. As we head into 2025, the U.S. cannabis industry stands at a crossroads. Since the beginning of the first Trump administration — which began with the appointment of cannabis opponent Jeff Session as Attorney General — the industry has come a long way.
Cannabis in 2024: a year in review
(November 13, 2024) - Alexander Malyshev and Sarah Ganley of Carter Ledyard & Milburn LLP discuss significant developments involving cannabis in the past year at the federal and state level, as well as research and market growth. Historically, an election year presents special challenges and opportunities for the cannabis industry.
Update on the DEA's efforts to reschedule cannabis: what you need to know
(September 11, 2024) - Alex Malyshev and Sarah Ganley of Carter Ledyard & Milburn LLP provide an update on the current status of efforts to reschedule cannabis from Schedule I to Schedule III of the Controlled Substances Act, a step towards federal legalization.
Federal court dismisses challenge to cannabis prohibition: analyzing Canna Provisions case
(July 10, 2024) - Alex Malyshev and Sarah Ganley of Carter Ledyard & Milburn LLP analyze a federal judge's decision dismissing a case brought by a coalition of cannabis companies challenging the federal prohibition on cannabis, and note the complexities in pursuing federal cannabis reform. In a closely watched decision released earlier this month, Judge Mark G.
Part 2: Minimizing Risk Through Contract Terms (Video)
Our ongoing series of discussions about leveraging the opportunities and managing the risks of generative artificial intelligence. Practitioners in our Artificial Intelligence (AI), Machine Learning (ML) and Automation Industry Group explore these issues in a commonsense way. The complex characteristics of contracts, service agreements and vendors are broken down to identify ways of minimizing the risk to companies and their data.
Choice Of Entity Issues: Part 1 - Sole Proprietorships (Podcast)
CL Carter Ledyard & Milburn More Carter Ledyard & Milburn is a New York-based law firm with a strong focus on litigation, corporate transactions, real estate, and trusts and estates. We have a ratio of partners to associates of about one to one, and provide personal, partner-level attention to all clients and matters, large and small.
Leveraging Artificial Intelligence (Video)
Our ongoing series of discussions about leveraging the opportunities and managing the risks of generative artificial intelligence. Practitioners in our Artificial Intelligence (AI), Machine Learning (ML) and Automation Industry Group explore these issues in a commonsense way. The complex characteristics of contracts, service agreements and vendors are broken down to identify ways of minimizing the risk to companies and their data.
Looking Ahead 2024 - Corporate and Company Law - United States
While the last year saw several uncertainties for business in the U.S. and globally, our clients continued to overcome challenges and even thrive. Careful decision-making among precedent-setting legal decisions has defined the success of our clients around the world. This looking ahead publication is designed to do exactly that: prepare our clients to take on 2024 with informed and precise insights.
United States: In Thomson Reuters And Westlaw, Alex Malyshev And Sarah Ganley Explore The SAFER Banking Act
(March 13, 2024) – Alex Malyshev and Sarah Ganley of Carter Ledyard & Milburn LLP discuss the SAFER Banking Act, which aims to expand access to financial and banking services in relation to cannabis businesses. It seems like every year, for the past five years, the same article gets written about the imminent passage of the Secure and Fair Enforcement Regulation Banking Act (SAFER Banking Act) — formerly known as the Secure and Fair Enforcement (SAFE) Act.
What would passage of the SAFER Banking Act mean in 2024?
(March 13, 2024) - Alex Malyshev and Sarah Ganley of Carter Ledyard & Milburn LLP discuss the SAFER Banking Act, which aims to expand access to financial and banking services in relation to cannabis businesses. It seems like every year, for the past five years, the same article gets written about the imminent passage of the Secure and Fair Enforcement Regulation Banking Act (SAFER Banking Act) — formerly known as the Secure and Fair Enforcement (SAFE) Act.
As legislative solutions continue to stall, multistate cannabis operators opt for litigation
(November 8, 2023) - Alex Malyshev and Sarah Ganley of Carter Ledyard & Milburn LLP discuss the development of litigation as an alternative strategy to federal cannabis reform. As in previous years, 2023 began with the promise of possible cannabis reform at the federal level, with the SAFE Banking Act being reintroduced in Congress once again (now rebranded as the SAFER Banking Act, after revisions).
What rescheduling to Schedule III would mean for the cannabis industry
(September 12, 2023) - Alex Malyshev and Sarah Ganley of Carter Ledyard & Milburn LLP discuss what moving cannabis to Schedule III from Schedule I of the Controlled Substances Act would possibly look like for the industry.
Stirring the pot: employee cannabis use in New York
(July 10, 2023) - Alex Malyshev and Jonathan Trafimow of Carter Ledyard & Milburn LLP discuss the protections under New York law on use of cannabis by employees in areas including private use, drug testing and medical marijuana. New York law provides protections to cannabis users (though the degree of protection varies based on whether the use is medical or recreational).
Emerging trends in cannabis litigation: 2023 update
The results of the updated analysis largely track last year's findings, with a few notable exceptions. Once again, the most common category of dispute appearing in our analysis is what we classified as commercial disputes, which include actions for breach of contract, collections on outstanding loans, securities issues, and other business torts, such as breach of fiduciary duty and fraud.
Weeding out gray market cannabis operators presents special challenges for states
New York, like other jurisdictions, made a judgment that it is more palatable to go after landlords, as opposed to operators (many of whom would be eligible to obtain CUARD licenses under different circumstances). New York City was not the first to try this tactic.
Carter Ledyard and Plan A Advisors Publish Series Exploring Boards and Bylaws for Nonprofit Organizations
Carter Ledyard and management consultants Plan A Advisors have launched a series of insights for nonprofit boards and bylaws. The first in this multi-part series aiming to help nonprofit executives and board members is an overview on how to consider revisions and amendments to make bylaws more congruent with the way the nonprofit actually operates, improve governance, and ensure compliance with current law.
Nonprofits in NYC Required to Include Good Faith Salary Range in All Job Postings
Nonprofits are subject to an important development in New York State employment law, effective November 1, 2022, concerning salary disclosure. NYC Salary Transparency Law (City Council Local Law 32), which took effect on November 1, 2022, requires businesses (including nonprofits) in NYC to include a “good faith” salary range in all job postings. The sponsors of the provision describe this as an important step to promoting pay equity.
Private-Sector Employers in New York State Required to Provide Notice on Monitoring of Employees
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Cybersecurity Starts at the Top: Risks and Concerns for Directors and Officers
Cybersecurity Starts at the Top: Risks and Concerns for Directors and Officers Posted on 03-10-2020 By: Matthew D. Dunn and Melissa J. Erwin, Carter Ledyard & Milburn LLP While many are no doubt tired of hearing about cybersecurity, hackers and cyber-criminals continue to employ sophisticated and evolving strategies to access data and disrupt organizations, and, unfortunately, this issue is not going away.
Getting Comfortable With Cannabis - Will Your Money Go Up In Smoke? | Lexology
Cannabis is a hot new industry. With it comes an investment landscape that, as with other new industries, is susceptible to illicit investment schemes.[1] Layer in the uncertainty of disparate state and federal laws and regulations, and it’s easy to see why conservative investors are hesitant to put money into the cannabis industry.
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