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Articles by Kyle Freeman
Top Issues in the Cannabis Industry for 2026 | JD Supra
2026 brings cautious, steady progress in a continually evolving regulatory and commercial landscape. Stakeholders should expect ongoing change across policy, markets, compliance, and enforcement, creating both risks and opportunities for teams that plan ahead and adapt quickly. 1. Banking and Payments Access (SAFER Banking and Beyond) Federal cannabis policy is shifting, but do not expect major banks to follow.
Update on the US-Japan Memorandum of Understanding Regarding Trade and Investment | JD Supra
On September 15, US Customs and Border Protection (CBP) updated its guidance to implement President Trump’s September 4 Executive Order (EO) laying out terms of the US-Japan trade agreement and the phased reduction of selected US tariffs on Japanese goods.
US-Japan Trade Agreement Update on Tariff Reductions and $550 Billion Investment Fund | JD Supra
On July 22, President Trump announced that the United States and Japan had reached a bilateral trade agreement. Read our alert from the July 22 announcement here.
Hohenshelt v. Superior Court Confirms California Arbitration Fee Law Survives FAA Preemption Challenge | JD Supra
On August 11, the California Supreme Court issued a significant decision in Hohenshelt v. Superior Court addressing the interplay between the Federal Arbitration Act (FAA) and California’s statutory requirements for timely payment of arbitration fees in employment and consumer disputes.
Hohenshelt v. Superior Court Confirms California Arbitration Fee Law Survives FAA Preemption Challenge
On The court held that California Code of Civil Procedure section 1281.98, which governs the payment of arbitration fees, is not preempted by the FAA, provided it is construed to allow relief for good faith mistakes, inadvertence, or excusable neglect. The dispute in Hohenshelt arose after Dana Hohenshelt’s employer failed to timely pay arbitration fees in an ongoing employment arbitration with his former employee.
California’s Cannabis Crackdown: Record Seizures and Budget Reforms Aim to Level the Playing Field | JD Supra
Since January, California officials have seized more than $316 million worth of illegal cannabis and $474,000 in cash through coordinated enforcement actions with state agency partners and local governments. These efforts build upon the previous year’s record, when $534 million worth of illegal cannabis was seized in 2024. This aggressive enforcement underscores the state’s commitment to dismantling the illicit cannabis market and protecting consumers.
California’s Cannabis Crackdown: Record Seizures and Budget Reforms Aim to Level the Playing Field
On These efforts build upon the previous year’s record, when $534 million worth of illegal cannabis was seized in 2024. This aggressive enforcement underscores the state’s commitment to dismantling the illicit cannabis market and protecting consumers. On release of the revised 2025-2026 state budget, Governor Gavin Newsom has proposed significant changes to the funding structure for California’s cannabis enforcement activities.
Delaware’s New Approach To Interested Director and Minority Stockholder Protections | JD Supra
On March 25, Delaware governor, Matt Meyer, signed into law Substitute 1 to Senate Bill 21 (SB 21), following its rapid approval by the Delaware state legislature. This legislative measure aims to counter the current trend of companies relocating their headquarters out of Delaware, following a January 2024 Delaware Chancery Court ruling that overturned a $56 billion compensation package for a high-profile tech CEO.
Delaware’s New Approach To Interested Director and Minority Stockholder Protections
On SB 21 and the changes to the Delaware General Corporation Law (DGCL) it contains could potentially lower litigation risks for Delaware-based corporations, including their directors, officers, and majority shareholders. This strategic move to refine corporate governance in Delaware will most significantly impact how interested director and interested stockholder transactions are handled.
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