Contra Costa 
Lawyer Volume 31, Number 3 | May 2018
The Weed Issue The New Face of Cannabis: Not Your Average Stoner The Aftershocks of Prop 64 From Illicit to Legit
Trademark Strategies for California Cannabis Companies
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Contra Costa 2018 BOARD of DIRECTORS James Wu President Wendy McGuire Coats President-Elect Oliver Greenwood Secretary Laura Ramsey Treasurer Philip Andersen Past President Gina Boer Steven Derby Mika Domingo David Erb Renée Welze Livingston David Marchiano
Ericka McKenna Nicole Mills Craig Nevin Dorian Peters Summer Selleck Qiana Washington
CCCBA EXECUTIVE DIRECTOR Theresa Hurley | 925.370.2548 | thurley@cccba.org CCCBA main office 925.686.6900 | www.cccba.org
Barbara Arsedo Carole Lucido
LRIS & Moderate Means Director Communications Director
Jennifer Comages Anne K. Wolf
Membership Director Education & Events Director
Emily Day
Fee Arbitration Program Director & Systems Administrator
Lawyer Volume 31, Number 3| May 2018
The official publication of the
B A R A S S O C I A T I O N
features The New Face of Cannabis “Not Your Average Stoner,” by Lisa J. Mendes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 The Aftershocks of Prop 64, by Joseph Tully . . . . . . . . . . . . . . . . . . 13 From Illicit to Legit: Trademark Strategies for California Cannabis Companies in a Legalizing Landscape, by Emilie Russell. . . . . . . . . . . 16 Cannabis 101: What You Weed to Know, by Ashley Bargenquast. . . 18 Cannabis Licensing in California, by Daniel Leahy. . . . . . . . . . . . . . . 23 Do California’s Worker Protection and Tax Laws Apply to Me? by Jeremy Seymour. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Contra Costa Lawyer CO-EDITORS EDITORIAL BOARD Suzanne Boucher David Arietta 925.933.1500 925.472.8000
Inga Miller Marcus Brown
925.402.2192 925.482.8950
BOARD LIAISON Beth Mora Nicole Mills 925.820.8949 925.351.3171 Perry Novak COURT LIAISON 925.746.0245 Stephen Nash Samantha Sepehr 925.957.5600 925.287.3540
DESIGN/ADVERTISING Christina Weed Carole Lucido 925.953.2920 925.370.2542
PRINTING Modern Litho 800.456.5867
The Contra Costa Lawyer (ISSN 1063-4444) is published 12 times a year – six times online-only – by the Contra Costa County Bar Association (CCCBA), 2300 Clayton Road, Suite 520, Concord, CA 94520. Annual subscription of $25 is included in the membership dues. Periodical postage paid at Concord, CA. POSTMASTER: send address change to the Contra Costa Lawyer, 2300 Clayton Road, Suite 520, Concord, CA 94520. The Lawyer welcomes and encourages articles and letters from readers. Please send them to contracostalawyer@ cccba.org. The CCCBA reserves the right to edit articles and letters sent in for publication. All editorial material, including editorial comment, appearing herein represents the views of the respective authors and does not necessarily carry the endorsement of the CCCBA or the Board of Directors. Likewise, the publication of any advertisement is not to be construed as an endorsement of the product or service offered unless it is specifically stated in the ad that there is such approval or endorsement.
SPOTLIGHT Smoke and Mirrors? An Update on Sessions, Federal Enforcement Priorities, and State Legal Cannabis, by Hilary Bricken. . . . . . . . . . . 28
COLUMNS INSIDE: A New Frontier, by Christina Weed and Lisa J. Mendes, Guest Editors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 FROM THE PRESIDENT: A Candid Interview with Our Newest Judge, Hon. Leonard Marquez by James Wu, CCCBA President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
DEPARTMENTS 20
PHOTOS: Bridging the Gap
21
PHOTOS: Lunar New Year
31
Call for Board Nominations
32 cccba program: Member Information Series 33
Mock Trial Volunteers: Thank You!
34 Classifieds 34
INDEX OF ADVERTISERS
36-38 Calendar
EVENTS 22 ANNUAL comedy Night, May 16 39
Bar fund benefit, September 27
CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER
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INSIDE by Christina Weed and Lisa J. Mendes, Guest Editors
A New Frontier Weed Law. Yes, ladies and gentlemen, WEED. Certainly, many who have some seniority in the legal world never imagined that marijuana would be legalized, generating a whole new area of practice in our profession. What’s next? Weed law hypos on the State Bar exam? “Mary Jane wanted to open a cannabis dispensary…” It’s exciting; it’s somewhat taboo. It is a new frontier for lawyers, especially those who practice in areas where the law does not change much, if at all. Cannabis law is changing with the wind. This issue of the Contra Costa Lawyer contains articles which are certain to grab your attention, all of which cast Mary Jane as the main protagonist. Read Lisa J. Mendes’ article “Not Your Average Stoner,” to understand how the face of cannabis, whether a cannabis business or consumer, is changing. Lawyers who practice in this area know first hand that clients are, for the most part, average business persons and individuals, not necessarily your stereotypical stoner next door. Daniel Leahy wrote an article on cannabis licensing in California, which is at top of mind for many entrepreneurs. Joseph Tully’s article discusses individuals with prior marijuana convictions and how this is being addressed in the criminal 4
MAY 2018
justice system. Jeremy Seymour contributed an article on California’s Worker Protection and Tax Laws in the context of the marijuana industry. Emilie Russell discusses trademark strategies for California marijuana companies in her article, and Ashley Bargenquast tells us what we can, and cannot do in her article addressing what is now permitted use/consumption of marijuana for individuals in California. Finally, Hilary Bricken lends her expertise in cannabis law by addressing the changed status of the Cole Memo. As you are likely aware, both medicinal and adult adult-use cannabis are still illegal under federal law, and marijuana remains a Schedule I drug under the Controlled Substance Act. Recently, the Cole Memo was revoked. This generates a high level of uncertainty, leaving marijuana businesses owners in California scratching and shaking their heads. Lawyers are also left to concerned curiosity as to what this means for their practice in this area of law. Lawyers in the cannabis industry are now dancing between zealous advocacy for their clients and navigating the practice of law in a world where federal and California laws are in direct conflict. Should lawyers be concerned about continuing to assist clients within this industry?
The bar associations in Los Angeles and San Francisco, as well as the Judicial Council Advisory on Judicial Ethics, have issued opinions with respect to providing legal services to a marijuana business. The State Bar of California lists the aforementioned opinions, as well as opinions from other states, on its website, assumedly to provide some guidance. However, the State Bar of California has not issued any formal opinion to put the legal community at ease. While this published guidance is helpful, it does not provide the same sense of protection and security for lawyers as there would be if there was a formal opinion issued by the Bar. Now that marijuana is legal in California, more and more clients within the industry will need assistance. Much of this assistance is related to making sure marijuana businesses are compliant with current California laws. However, as alluded to herein above, lawyers may be hesitant to assist these businesses, especially considering the fact that the Cole Memo has been revoked, if there is not a formal opinion they can look to for guidance. Unfortunately, that could lead to less compliance by those in the marijuana industry, and a whole community of underserved individuals and businesses within the marijuana industry. Continued on page 6
from the
President by James Wu, CCCBA President
Interview with Our Newest Judge, Hon. Leonard Marquez On February 27, 2018, California Governor Edmund G. Brown, Jr. announced the appointment of 25 California Superior Court Judges, including one in Contra Costa County: Leonard E. Marquez. Judge Marquez was officially sworn in by Presiding Judge Jill Fannin on April 5, 2018, and he began his assignment in Department 34 in the Pittsburg Courthouse. Judge Marquez is now the second new judge in 2018, and like the Hon. Virginia George, Judge Marquez was an extremely active member of the Contra Costa County Bar Association. In true CCCBA spirit, Judge Marquez was happy to share some of his background and advice for this edition of my President’s Message: Wu: Tell us about why you became an attorney. Hon. Leonard Marquez: In high school I was sure that I wanted to be an engineer, not a lawyer. In fact, as part of my early admission to Princeton, I had been on track to pursue a degree in the university’s engineering program. However, during my senior year in high school, I participated in my school’s Mock Trial program. I was fortunate enough to have an inspiring teacher who coached the team to a win in Contra Costa County’s Mock Trial competition that year and we went on to the state competition. I was also fortunate enough to intern with a local attorney’s office in Pittsburg during my college years which also led me further down the path toward a career in the law. Wu: What were some challenges you faced as a junior attorney when you started out? Hon. Leonard Marquez: As much as one learns in law
school, the art of practicing law is something only really developed through years of real-world lawyering and, hopefully, mentoring by more senior attorneys. I was fortunate enough to have been given that mentoring at my former law firm, Wendel, Rosen, Black & Dean LLP. Wu: You’ve been so involved with the CCCBA (thank you!) – tell us why you dedicated so much time and energy to our organization, and why you think CCCBA membership/involvement is important (or helpful) - if you believe these to be true. Hon. Leonard Marquez: Being successful, both as a lawyer and as a business person, requires a strong network. More than just having access to MCLE training programs—though that is indeed a great benefit—being a member of a bar association such as CCCBA provides a great platform to grow one’s network. Your fellow practitioners are an invaluable resource and a lawyer practicing in a county ought to strongly consider being a part of the local bar association. Beyond business development, being a member of the local bar association also provides opportunities for lawyers to give back to their local communities through pro bono and similar activities. I would refer folks to my article on CCCBA’s Pro Per Civil Litigation Clinic to learn about just one example of what can be done to touch the lives of people in our community under the auspices of the bar association. See http://cclawyer.cccba.org/2017/10/empowering-civil-litigants-cccbas-pro-per-civil-litigation-clinic/ Wu: If you could time travel back to your law school days, what three tips would you give yourself about having a successful legal career? Hon. Leonard Marquez: 1) Find and cultivate a strong relationship with a mentor. During law school that may be a professor or just a more senior student. Once you join a firm or other office, you will want to seek out and develop a mentor relationship with senior attorneys. Continued on page 7
CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER
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A New Frontier
Continued from page 4 As we move forward into a new and quickly changing industry and area of law, it will be important for marijuana businesses and individual users and non-users alike to have legal counsel to help them navigate the laws. We hope you enjoy this issue of the Contra Costa Lawyer. We enjoyed being the guest editors, and we look forward to seeing how this area of law continues to evolve. Lisa J. Mendes and Christina Weed are founding partners of Mendes Weed, LLP, which provides legal services in the areas of tax law, business law, family law, and estates & trusts. They are also co-founders and shareholders of Weed Law, PC.
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Searching for New Business?
Sign up for CCCBA’s Lawyer Referral & Information Service Grow your practice with the CCCBA’s Lawyer Referral & Information Service (LRIS). We schedule over 5,500 client consultations with paying clients every year. We have immediate need for: • Attorneys who specialize in Tenant Rights or Juvenile Dependency • Spanish Speaking Attorneys (all specialties) • Attorneys willing to take Moderate Means cases in Family Law, Elder Law or Housing Contact Barbara Arsedo, LRIS / Moderate Means Director (925) 370-2544, barsedo@cccba.org or visit www.cccba.org/attorney/lawyer-referral-network
From the President
Continued from page 5 2) Maintain the highest professional and ethical standards. Doing good work and doing it with integrity is ultimately what will allow you to be successful in your legal career. 3) Do not abandon fun. Every person needs hobbies, personal interests and other non-career outlets for personal fulfillment and stress relief. Mine is building with LEGO® bricks.
LEGO© brick built model of Davy Jones Locker, built by Judge Marquez and displayed at the Bricks by the Bay convention in Santa Clara, California.
Wu: What advice do you have for attorneys who may wish to become a Judge one day? Hon. Loenard Marquez: Lawyers interested in becoming a judicial officer should get involved in civic and bar related activities as much as possible. Beyond the obvious importance of building a strong c.v., those experiences will allow a candidate to have a diverse background and set of experiences to bring to the table. Being engaged in a broad mix of such activities will also help in another critical area—building a strong network of supporters. It is vital that a candidate build a strong network and cultivate relationships among key constituencies.
Wu: Would you like to share any advice you may have received from other judges or attorneys regarding being a new judge? Hon. Leonard Marquez: Maintaining your integrity is paramount. Honesty and integrity in the judicial decision-making process is at the core of what judges are charged with doing day in and day out. Wu: What are some of the other important qualities you believe a judge should possess? Hon. Leonard Marquez: Aside from the need to maintain the highest standards of honesty and integrity, a judge should focus on helping the courts fulfill their mission of resolving conflict and dispensing justice while being ever mindful of litigants’ experience in dealing with the courts. I would hope that if, many years down the road, I were asked what I had accomplished as a judge, I could talk about the things that I did on a daily basis in my courtroom to provide real and impactful “customer service” for litithrough trial very gants and lawyers alike.
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Wu: Thank you Judge Marquez! Thank you for your years of service with the CCCBA, and congratulations to you! For over 21 years, James Wu has practiced employment law. He is a defense litigator for employers, and he also provides advice and counsel to reduce the risks of employment-related claims and lawsuits. Contact James at james@ jameswulaw.com or visit www.jameswulaw.com and www.linkedin.com/in/ jamesywu
CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER
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FEATURE
The New Face of Cannabis: Not Your
Average Stoner
by Lisa J. Mendes We all have it. You know. That image. No matter where it came from – the movies: Reefer Madness, Dazed and Confused, Pineapple Express; the shows: That 70’s Show, Cheech and Chong. Maybe it is even from your own personal experience. The list goes on and on, but from somewhere, you have it. Stoners. They are lazy. They are stupid. They are always hungry. They laugh at everything, even when it is not funny. You have no idea what they are laughing at. Insert whatever stereotype you wish, but you can’t deny it, you have it, or at least, you had it. The truth is, the conventional pothead you have in your mind no longer travels around in a hotboxed car, or a cloud of pot smoke, like the dust cloud surrounding Pig Pen on Peanuts. In a study (“the study”) conducted by the Cannabis Consumers Coalition (“The Coalition”) from January 8, 2017 through February 22, 2017,1 The Coalition studied the ever-evolving demographics of the cannabis-using community. The study pulled from a consumer base from primarily legal states. (Currently, 28 states and Washington, DC permit either medical cannabis, or both medical and recreational cannabis.) The report produced by The Coalition merged two studies. One study obtained demographic data and cannabis consumption habits. The other study focused primarily on edibles. (If you suddenly want a 8
MAY 2018
brownie, it’s ok.) The data uncovered in the study showed that the average cannabis user was a professional adult, with a combined household income which well exceeded the poverty line. The data also showed that most cannabis users have been using for a long period of time, daily, and their cannabis usage costs them over $100 a month. Additionally, the data showed that cannabis users are regular edible consumers. The majority claimed that they consumed edibles more than once per month. The age demographic revealed by the study is not shocking. The Coalition found that of those who participated in the study, the majority fell in the 21-35 year-old age bracket at 40.70 percent. The next largest demographic was the 36-45 year-old age group, at 25.75 percent. And almost one-third of the study participants were over the age of 46, totaling 32.52 percent –- only 8.18 percent less than the 21-35 year-old group.
Is Age Just a Number? Are baby boomers going up in smoke? Those born between 1946 and 1964 will reach, or will have already reached, retirement age by the year 2030; they will be 65 or older. As of the study conducted in early 2017, this age demographic was about one-third of the cannabisusing population.2 Baby boomers are the fastest growing cannabis consumers. A study conducted by NYU showed a 71 percent increase in usage by those over the age of 50
between 2006 – 2013.3 This demographic is clearly striving to find remedies for their age-induced aches, pains and illnesses. Although the sample size was limited, the data produced supports the theory of this piece: the face of cannabis is changing. Over a quarter of the group fell in the range of 36-45 year-olds, also supporting the finding that daily cannabis use is found among working professionals with disposable income. A far cry from the unmotivated, glassy-eyed kid next-door.
Women and Weed Women are all over the cannabis industry. Women comprise 36 percent of executive positions within the new cannabis industry. Of the study respondents, 41.65 percent of marijuana users were male, and 58.35 percent were female. The female impact in the cannabis industry is undeniable. The market is evolving to promote the femininity of cannabis, and its user. In June 2017, a ladies’ tea party was hosted in Mill Valley. There were summer dresses, high heels, fancy hats, and beautiful tea cups. Not an unfamiliar scene; however, this was not your Mama’s tea party. Or was it? The tea consumed at this high tea party, provided by a company called Kikoko Cannabis Tea, touts its variety of teas. Pick your “poison.” These teas can be used to jump start your sex life, quell your insomnia, boost your mood, and aid in pain relief. Other than at Bay Area invitation-only parties, the Kikoko teas can be bought at some local dispensaries and are sold online, but only in California. (A can of 10 tea sachets costs $40 to $56.) How does that compare to a good bottle of wine or vodka? Will cannabis-infused beverages give new meaning to the ever-popular “Happy Hour”?
Systematic Traded for a Healthy Alternative “The evolution of medicinal cannabis is changing with the acceptance of cannabis,” says Christine Lusty of Valley Apothecary - Livermore. “There is a change in receptiveness [to medicinal cannabis] in the medical community, especially with critical patients.” Ms. Lusty, and her business partner, Dr. Nader Amer (a physical therapist and partner in a respected Tri-Valley home health care business), created Valley Apothecary to service the medicinal cannabis patients of the Tri-Valley. Ms. Lusty states that due to trusted medical professionals’ growing support for medicinal cannabis, patients who would have otherwise been strongly averse to cannabis use, have now tried it, and even embraced it, as an alternative to their traditional medicinal regimen. Lusty observes, “The older generation, who lived the ‘Just Say No’ era,
are reaching the ages of 50-100 years old, where the worst diagnoses are prominent. They are now being forced to say, ‘I don’t give a damn about perception, I need relief.’” Ms. Lusty also believes that there is a psychology to the acceptance of cannabis use. Once a medical term is used, and supported to describe cannabis, psychologically it is acceptable to use it, or at a minimum, support it. This is arguably evidenced by the growing number of states that have passed legislation permitting medicinal cannabis use. The quickly rising opioid epidemic is also facilitating the acceptance of medicinal cannabis, according to Lusty. As of March 2018, The National Institute on Drug Abuse had this to say about the opioid crisis in America :
Continued on page 11
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Not Your Average Stoner Continued from page 9
“Every day, more than 115 Americans die after overdosing on opioids. The misuse of and addiction to opioids—including prescription pain relievers, heroin, and synthetic opioids such as fentanyl— is a serious national crisis that affects public health as well as social and economic welfare. The Centers for Disease Control and Prevention estimates that the total “economic burden” of prescription opioid misuse alone in the United States is $78.5 billion a year, including the costs of health care, lost productivity, addiction treatment, and criminal justice involvement.” “The public is desperate for an alternative which will provide relief and not kill,” Lusty said. “I like helping people know there is an option out there, taking the time to educate them. Education is the key to helping people change their views and accept it as an option which is healthy.”
The Changed Face of Cannabis The face of cannabis you thought you knew is no longer. The movie Reefer Madness tried to instill fear and paranoia in the 1930s. Ronald Reagan upped the ante for marijuana crimes with the Anti-Drug Abuse Act in 1986. Nancy Reagan supported her husband’s plight, starting a movement of marches throughout the nation. This is within the history much of America remembers. And yet, as with everything, knowledge is power. The stereotypical images of neighbor boy who always seems “out of it”, or the hippie with a joint hanging from her mouth, are images which no longer represent the current cannabis-using community. Now, look to your colleagues, the impeccably-dressed president of the PTA,
the weekend soccer coach, your parents and grandparents, and you will see the new face of cannabis. The education and acceptance of cannabis use is empowering the nation, and as a result, the economy of cannabis is growing like a weed. (Pun intended.) NOTICE AND ACKNOWLEGEMENT OF FEDERAL LAWS: MARIJUANA/ CANNABIS REMAINS A SCHEDULE ONE DRUG UNDER ALL FEDERAL LAW. THE CONTENTS OF THIS ARTICLE SHALL NOT BE CONSTRUED AS LEGAL ADVICE.
Bolivar, M.A., Larisa (2017) Cannabis Consumers Coalition: 2017 Report on Cannabis Consumer Demographics and Consumption Habits
1
http://www.cannabisconsumer.org/ uploads/9/7/9/6/97962014/cannabis_ consumer_demographics_and_behavior.pdf
2
Baby Boomers the fastest-growing marijuana users: Increasingly, your grandparents may be taking a 4:20 break. Consumer Affairs. Retrieved April 13, 2017, from https://www. consumeraffairs.com/news/baby-boomers-thefastest-growing-marijuanausers-120516.html
3
Lisa Mendes is a Partner at Mendes Weed, LLP and co-founder of Weed Law, LLP. She is a licensed attorney, with a Master’s degree in Business Administration (MBA), and a Bachelor’s degree in Spanish Language and Literature. Lisa is an active member of the Contra Costa County Bar Association (CCCBA), specifically in the Family Law, Women’s, Tax and Estate Planning Sections. Lisa advocates for proposed legislation and new laws as a member of the Contra Costa County Delegation of the California Conference of Bar Associations.
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FEATURE
The Aftershocks of
Prop 64 By Joseph Tully Proposition 64 marked a historic turning point for California cannabis law. It not only legalized large swatches of cannabis-related behavior for adults 21 years of age and older, but also changed the way that pre-existing crimes could be charged. Specifically, cannabis possession, cultivation, possession for sale, and transport for sale all became misdemeanors, absent particular circumstances. Some behavior is now an infraction, most commonly for individuals under 21 years old. Adults over 21 years old are now allowed to smoke or ingest cannabis or cannabis products, have cannabis accessories, possess, transport, obtain, or give away up to 28.5 grams of flower and eight grams of concentrate, as well as plant, possess, cultivate, harvest, dry, and process six or fewer cannabis plants. Adults may also keep the harvest of their six plants, even if in excess of 28.5 grams, so long as they keep excess locked away in their private residence.
Prior Convictions This redesignation of certain behavior from felony to misdemeanor, and from criminal to lawful, affects individuals with old convictions, those still serving time, and those still going through the criminal justice system. In cases where the previously criminal behavior is now lawful, the prior charges are dismissed as legally invalid and the records can be sealed. Excitingly, when a charge is either redes-
ignated or dismissed, that change is “for all purposes” which should result in the reinstatement of rights such as Second Amendment protections. It has become popular for district attorneys’ offices to issue press releases stating that they are redesignating prior cannabis crimes. This is not a progressive action on their part, and despite the help it might provide in an election year, they are simply following the law. If, like San Francisco, the district attorney is proactively going through old cannabis cases, then give credit where credit is due. If petitions have to be filed to have prior convictions redesignated or dismissed, then call the DA out on trying to get leverage out of a legal duty they have. Proposition 64 didn’t remove all felony prosecution avenues, though. Each code section that was redesignated from felony to misdemeanor behavior still has specific circumstances that allow for felony prosecution. For instance, if your cultivation violates certain Fish and Game or Water Codes, if your possession for sales had anything to do with minors, or if your transport of cannabis for sale was across state lines, the crime can still be charged as a felony. Also, if you have two other prior convictions of the same code section, the crime can be charged as a felony. Another trick used by law enforcement is to have
Fish and Game conduct administrative searches, allowing them to circumvent certain Fourth Amendment protections that would attach to a criminal investigation.
Felony Charges for Cannabis Offenses There are also several code sections commonly used by the district attorneys to keep cannabis prosecution felonious in the absence of aggravating circumstances. Code sections created to address other controlled substances, such as methamphetamine are often used. Health and Safety Code sections 11366 and 11366.5, which were developed to prevent the running of crack houses, or 11379.6, which was made to punish meth labs, are often used against cannabis activities, specifically so DA’s offices can charge it as a felony. Tully & Weiss recently had a highly politicized case dismissed in Shasta County when a judge acknowledged people using Everclear alcohol mixed with cannabis to create concentrates should not be charged with 11379.6 – the statute used to punish meth labs. This age-old herbal remedy of Continued on page 14
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Aftershocks of Prop 64
Continued from page 13 infused alcohol has been charged like cooking meth all over the state of California, but there is now precedent for this process to be treated the same as making marijuana brownies, which has always been considered a lawful activity for cannabis patients. Also, it is not uncommon for district attorneys to charge a felony conspiracy on top of a misdemeanor such as cultivation. Of course Proposition 64 wasn’t all leniency. Now that the general behaviors of use, possession, cultivation, and processing are lawful, certain manifestations of that behavior are unlawful. For instance, while adults are allowed to smoke cannabis, they cannot do so while driving a vehicle or within 1,000 feet of a school, day care center, or youth center while children are present (unless on the grounds of a private residence and not detectable where the children are present). There is very little science to back up cannabis DUIs and we expect to see new technology and new case law in this area.
Under Health and Safety Code section 11470, all money furnished or intended to be furnished by any person in exchange for a controlled substance (including cannabis), all proceeds traceable to such an exchange, or all money used or intended to be used to facilitate any violation of a number of Health and Safety Code sections, including common cannabis crimes like possession for sale, transportation, and manufacturing, is subject to forfeiture. In many cases, a criminal conviction is required before the assets may be forfeited. In 2016, California Senate Bill 443 raised the threshold from $25,000 to $40,000, meaning that if the state is seeking to have less than $40,000 forfeited from a defendant, then the defendant must be convicted in
Elder Law is
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MAY 2018
Joseph Tully is a criminal defense attorney, certified specialist in criminal law by the California State Bar. He has been in private practice since 2001, co-founding Tully & Weiss with law partner, Jack Weiss, after getting his experience at the Fresno County Public Defender’s office starting in 1999. Tully is the Section Leader of the CCCBA Criminal Section.
The average survival rate is eight years after being diagnosed with Alzheimer’s — some live as few as three years after diagnosis, while others live as long as 20. Most people with Alzheimer’s don’t die from the disease itself, but from pneumonia, a urinary tract infection or complications from a fall. Until there’s a cure, people with the disease will need caregiving and legal advice. According to the Alzheimer’s Association, 10% of the population age 65 and older has Alzheimer’s disease. Of the 5.5 million people living in the U.S. with Alzheimer’s disease, the majority live at home — often receiving care from family members.
Civil Cases Another common feature of cannabis cases that Proposition 64 did not touch is civil asset forfeiture. Because cannabis is still federally illegal, the cannabis industry is heavily restricted in its interactions with banks and thus it is still largely cash-based. Therefore, when cannabis is seized during a search, quantities of cash are often present, and the DA will usually seek to have the currency forfeited to the state as proceeds from unlawful activities. This procedure is entirely separate from the criminal case and follows civil rules, including civil discovery procedures.
the related criminal action. While this change is well intentioned, it means that even if a person is fully acquitted in the criminal case, the state can still seek to forfeit seized assets as long as they are worth more than $40,000.
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This annual event is sponsored by the Barristers/Young Lawyers Section. It’s Free for CCCBA members and just $20 for non-members. Includes appetizers and two drink tickets per person. Sign up at www.cccba.org.
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FEATURE
From Illicit to Legit:
Trademark Strategies for California Cannabis Companies in a Legalizing Landscape by Emilie Russell Building a strong brand is a challenge for any company. For many businesses—particularly those selling consumer-facing goods— brands and trademarks are highdollar assets. Figuring out an appropriate trademark strategy is crucial and requires careful offensive/ defensive planning, budgeting, and an approach that allows for growth. In addition to all this, cannabis companies face unique vulnerabilities, given the tension between federal and California laws regulating cannabis businesses and the uncertainty of an ever-shifting regulatory regime. Advising cannabis companies on maximizing trademark protection can be tricky and requires a patchwork approach involving federal trademark applications, California state trademark registrations, and use-based tactics.
Federal Registrations A federal trademark registration comes with many rights and privileges, and is the strongest protective mechanism available to brand owners. It allows for constructive nationwide trademark rights—as opposed to the territorial limitations inherent in common-law use alone—and it comes with remedies and evidentiary presumptions that make initiation of and success in lawsuits possible. It also gives teeth to a brand’s enforcement efforts. The problem faced by cannabis companies when considering federal trademark applications resides in the middle of a triangular statutory bind between the Lanham Act, the Controlled Substances Act (CSA), and California statutes 16
MAY 2018
that have legalized medicinal and recreational cannabis. The United States Patent and Trademark Office (USPTO) interprets the Lanham Act as allowing only for the registration of trademarks used lawfully in commerce. The Lanham Act defines commerce as “all commerce which may lawfully be regulated by Congress.” 15 U.S.C. §1127. What this means is that the USPTO only sees lawful use as the basis for a trademark registration. See Gray v. Daffy Dan’s Bargaintown, 823 F.2d 522, 526, 3 USPQ2d 1306, 1308 (Fed. Cir. 1987); In re Midwest Tennis & Track Co., 29 USPQ2d 1386, 1386 n.2 (TTAB 1993) ; In re Stellar Int’l, Inc., 159 USPQ 48, 50-51 (TTAB 1968). Given that the sale of cannabis violates the CSA, the USPTO rejects trademark applications for use in connection with cannabis products and services. Meanwhile, for a California cannabis company permitted by California law to offer cannabis products and related services— i.e., allowed to do business legitimately—it’s tough not to be able to take advantage of federal brand protection. A successful workaround is peripheral trademark registration. If a company is selling cannabis, it’s usually also selling products or services that are federally legal and fall outside the prohibitions of the CSA. For instance, a cannabis dispensary could operate under a particular trademark, and under that same trademark, likely also offer (in connection with the dispensary) online information regarding the health benefits of cannabis. A trademark application for the provision of online information is perfectly registrable. An
added bonus is that if competitors see trademark applications on file for a given mark, this can serve as a deterrent, a type of early-stage prevention of infringement.
California State Registrations A state trademark registration is another protective device cannabis businesses should have in their brand protection toolbox. Many states that have legalized medical and recreational cannabis allow for the registration of trademarks for use in connection with cannabis products and services. On January 1, 2018, California joined those ranks and now allows trademark registrations for cannabis goods and services. They’re inexpensive ($70-$75/application in California), and they become a matter of public record, meaning they put the world on notice of a company’s claim of trademark rights. A California trademark registration also provides the owner with a legal presumption that
the trademark is valid and enforceable, enabling vigorous brand enforcement rights. The biggest drawback is that a company must be using its trademark at the time of registration—intent-to-use applications aren’t allowed in California or any other state, although the state of Washington allows advance reservation of a trademark.
Common Law Use One of the great things about the American trademark system is the ability to develop common law rights in a mark as soon as use of that mark begins. For cannabis companies, this is the third mechanism essential to employ for optimal brand and trademark protection. By using a mark as a source identifier, companies will gain common law rights in the mark. The benefits are exclusive control of the mark, the ability to stop infringement, and the chance to develop a reputation for being a strong brand enforcer. One caveat:
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common law rights are limited to the geographic territory where the marks are used. If a cannabis brand is only using its marks in California, use alone hinders its ability to enforce against infringement in Arizona, Oregon, Washington or any other state where cannabis is legalized. To the extent possible, encouraging cannabis companies to develop broad, lawful, multistate use strategies at the outset, or at least developing an advertising strategy in other states, will increase a brand’s enforcement reach and diminish the struggle of having to establish rights anew each time the brand enters a different state. While not ideal, the landscape for trademark and brand protection for cannabis companies has multiple viable options. Taking a creative approach in developing a dynamic strategy can create strong cannabis brands with robust enforcement possibilities. Weaving a web of trademark protection will give cannabis companies the leverage to enforce their brands and enable them to take advantage of opportunities in the billion-dollar cannabis market without having to wait around for federal legalization of cannabis. Emilie Russell is a senior associate at Brand & Branch LLP. She advises clients on a wide range of domestic and international trademark issues and advertising compliance matters. Her professional affiliations include the California Lawyers Association, the Bar Association of San Francisco, the National Cannabis Bar Association, the International Trademark Association, and the American Civil Liberties Union. Prior to joining Brand & Branch,Russell served as in-house counsel for companies in the liquor, luxury cosmetics, and software industries, as well as a writer for a legal marketing firm.
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Cannabis 101: What
You Weed to Know
by Ashley Bargenquast With the passage of Proposition 64 and the beginning of a regulated industry, cannabis law in California continues to be a bundle of contradictions and keeping up with it leaves even law enforcement scratching their heads. This confusion probably stems from the fact that determining if an act is lawful or not involves a whole slew of considerations.
Medicinal Because Proposition 64 DID NOT repeal Proposition 215, the first question is, “are you a medicinal cannabis patient?” To be a medicinal cannabis patient you need a recommendation, oral or written, from a licensed California physician. A written recommendation is better than an oral one, and a recommendation less than one year old is best. This recommendation is a product of Proposition 215, the Compassionate Use Act. Prop 215 protects personal possession, use, and cultivation. However, these protections are considered a qualified immunity to prosecution and are fairly limited. A recommendation doesn’t exempt you from sales and use tax, doesn’t protect you from search and seizure, doesn’t allow you to possess unlimited quantities, doesn’t allow you to consume your medicine in public or in housing where the landlord prohibits it, and doesn’t exempt you from local land use regulations. It does allow you to forward a defense after prosecution 18
MAY 2018
has begun that your activities were reasonably related to your ongoing medical needs. There is NO specific possession limit, though many individuals, including recommending doctors and law enforcement, still believe that there is. If you take your physician recommendation and apply to your local county for a Medical Marijuana Program Act identification card you can get a few more benefits. You are still subject to search, but if you possess less than eight ounces of flower and/or cultivate six or fewer mature plants, you’re protected from arrest and criminal prosecution. This card also exempts you from sales and use tax in dispensaries. You still can’t violate a landlord’s rules or a local jurisdiction’s land use ordinance though. Unfortunately, it also puts you on a list that is theoretically available to somebody looking to enforce some federal regulations. Applications usually require a sub one year old recommendation, proof of county residency, and less than $100. The Medical Marijuana Program Act, SB 420, created both this extra protection for card holders and collective/cooperative protections. These collective protections are being phased out under Prop 64. Therefore, any collective or cooperatives have to either enter the regulated commercial cannabis market or stop operations by the Bureau of Cannabis Control set date, January 9, 2019.
These collective protections are generally only going to affect those individuals working commercially, but it also means that you won’t be allowed to grow for fellow patients anymore. Unless you are their designated caregiver, which means you’re providing very involved personal care (think in-home nursing care), you cannot provide them more than adult-use levels of cannabis. Patientto-patient provision is being phased out.
Adult Use vs. Recreational In California the term adult-use is used for non-medicinal cannabis use. This is exactly the same as recreational. So who can do what? First, for the purpose of cannabis law, adults are 21 and up, like for alcohol. Second, the following allowances are for individuals who do not have any special limitations or conditions on them, such as probation or other court orders. Third, these allowances do not provide any protection from your employer. An employer is still allowed, and can even be required, to enforce a no-drug policy that means that testing positive for cannabis is lawful grounds for dismissal. But, assuming that your employer does not require drug testing, and you aren’t on probation, what can a 21+ year old do in California? They can possess up to one ounce (28.5 grams) of cannabis flower and eight grams of cannabis concentrate. This concentrate can be in whatever form, edible, cartridge, topical, etc. but cannot exceed a total of eight grams. That doesn’t mean a two ounce edible violates this section, it’s about the amount in the edible, which should be on the label. Adults 21+ may also cultivate up to six plants, subject to local land use ordinances. They can also gift up to one ounce of flower and eight grams of concentrate to another 21+ adult. Note: you may gift, not sell. You cannot receive any payment in return.
But where can you enjoy your new lawful cannabis? The basic rule is private property; either a private residence where the owner allows it, or a location with an on-site consumption permit. You are not allowed to use cannabis at any location where alcohol is sold or provided. Transport is best compared to alcohol. Just as you cannot have an open container of alcohol in your car, you also cannot have an open container of cannabis. So, if the container isn’t heat sealed, keep it in the trunk of your car. Only patients are permitted to keep re-sealable packages in their car. You are also not allowed to smoke and drive, smoke around schools or day care centers, or use in public.
Land Use What? Earlier, I mentioned land use ordinances. But what is a land use ordinance and how does it affect cultivation?
a half ago, the opening of adult use retail businesses this past January has provided the first meaningful access to all California residents and visitors alike. But the law is far from settled. With the regulated industry just beginning, and a federal prohibition still in place, all we can do is sit back and see how this all rolls out. Ashley Bargenquast is an associate at Tully & Weiss, Attorneys at Law, working in both regulatory cannabis compliance and criminal defense. From the court room to the Board of Supervisors’ chambers, Bargenquast works diligently to help individuals navigate the still evolving entity that is cannabis law within the state of California.
Each jurisdiction, city and/or county, is allowed to implement their own rules about cultivation. They are allowed to completely ban any and all medicinal cultivation. The key limit on a local jurisdiction’s cultivation ordinance is from Proposition 64, which says that they cannot completely prohibit the indoor cultivation of up to six plants for personal adult use. They can regulate it, but not completely ban it. To clarify, this is six plants per residence, not per person, and it must be indoors. What “indoors” means can vary by jurisdiction. And your cultivation can only be for personal use. This means that you are growing it all for yourself, not for sale or distribution. If you do want to cultivate cannabis, you should contact your city or county and talk to them about what they require.
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CCCBA Bridging the Gap Right, Hon. Christopher Bowen addressed the group. Hon. Steve Austin hosted the group for lunch and gave them a tour of the courthouses in Martinez Below, Theresa Hurley, Executive Director of the CCCBA welcomed the group.
Join us in welcoming to the CCCBA: Micaela Alvarez, Katelyn Benage, Quiana Cash, Leslie Dickson, Madison Gunn, Farrah Hussein, Michael Kasin, Jaime Kissinger, Ji Lim, Rachel Margolis, Cora Monce, Justin Proctor, Rachel Rosenfeld, Patricia Ruiz-Calzada, Daniel Xuli and Jackie Zaneri
On February 23, the CCCBA hosted its annual “Bridging the Gap” event at the Contra Costa County District Attorney’s Office in Martinez. This day-long event, introduced new attorneys or those new to Contra Costa County to what it’s like practicing law in our county. Their busy day included hearing from practitioners in many ares of the law, learning about the Superior Court, meeting local judges, a court tour, lunch with judges, and happy hour to cap the day.
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CCCBA Lunar New Year
CCCBA celebrated Lunar New Year on February 22 with a social event that brought together attorneys and judges from thoughout the county. If you missed it this year, watch for it on the CCCBA calendar next year. It was an event to remember! CCCBA President James Wu welcomed the group and gave some background on Lunar New Year
Hon. Benjamin Reyes
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Hon. Christopher Bowen with James Wu
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Hon. Richard Flier, Hon. Benjamin Reyes and Kristopher Kokotaylo Wendy Coats, Audrey Gee, Annie Lau, Phil Andersen and James Wu
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FEATURE
Cannabis Licensing
in California By Daniel Leahy
The road to legal cannabis in California has been a long and circuitous one. In 1996, California voters approved Proposition 215, the first legislation in the nation legalizing marijuana for medical purposes at the state level. Next up was 2003’s aptly titled Senate Bill 420 which set up a nonprofit business entity model for patients to provide patients with cannabis. In the fall 2015, Jerry Brown signed a trio of bills (Medical Cannabis Regulation and Safety Act (MCRSA)) that mandated the first set of comprehensive regulations on medical marijuana in California by the start of 2018 - AB 266 established a dual licensing structure mandating a state license and a local permit; AB 243 established a regulatory and licensing structure for cannabis cultivation sites under the
Department of Food and Agriculture; and SB 643 established criteria for licensing of medical cannabis businesses, regulating physicians, and providing local authority to levy taxes and fees.
No sooner had the dust settled on MCRSA, two more key cannabis regulations sprang quickly into place. On November 8, 2016, California voters approved Proposition 64, the “Control, Regulate and Tax Adult Use of Marijuana Act,” which decriminalized the adult use of cannabis for non-medical purposes and established a regulatory scheme at the state level. On June 27, 2017, Senate Bill 94, the “Medicinal and Adult-Use Cannabis Regulation and Safety Act” (MAUCRSA) repealed and replaced MCRSA. MAUCRSA consolidates the medical (MCRSA) and non-medical (Proposition 64) cannabis statutes. MAUCRSA established a state 30 years experience in licensing scheme Probate & Trust Administration for both medic3445 Golden Gate Way inal and adult Lafayette, CA 94549 use cannabis (925) 283-6998 while preserving l.neiger@mac.com
local authority to regulate cannabis businesses within the jurisdiction. MAUCRSA “shall not be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under this division, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke, or to completely prohibit the establishment or operation of one or more types of businesses licensed under this division within the local jurisdiction” and “shall not be interpreted to supersede or limit existing local authority for law enforcement activity, enforcement of local zoning requirements or local ordinances, or enforcement of local license permit, or other authorization requirements.” Bus. & Prof. Code 26200(a) (1), (2). In other words, to operate a cannabis company in California you will need permission from both (1) the city or county that your company operates in; and (2) the state of California. The fall of 2017 saw a mad scramble by cannabis companies to obtain the local authorization that is Continued on page 24
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Cannabis Licensing
Continued from page 23 a prerequisite for obtaining a state cannabis license. On January 1, 2018, California approved its first ever state licenses for the production, distribution, and sale of cannabis, capping years of intensive deliberation on the rules for the newly-regulated cannabis marketplace. These cannabis licenses are further broken down between medicinal (M) and adult use (A). With minor exceptions, a single person or business entity may hold more than one type of license and multiples of the same type of license. The administrative structure of MAUCRSA is operated by a trio of state agencies that issue licenses as follows: • BUREAU OF CANNABIS CONTROL (Lead Agency) o Distributors – Cannabis companies that act as the intermediary between cultivators, manufacturers, and retailers. Distributors are also responsible for remitting the hefty cultivation tax ($9.25 per dry-weight ounce of cannabis flowers, $2.75 per dry-weight ounce of cannabis leaves) and excise tax (15% of average retail market price) to the California Department of Tax and Fee Administration. o Retailers – Cannabis companies that sell cannabis goods to consumers, either store front dispensaries or home delivery services. Companies with retail licenses may also deliver cannabis goods to their consumers. Deliveries may be made only by employees of the retailer and must be made to a physical address. o Microbusiness – Small selfcontained cannabis companies that engage in three of the four activities: Cultivation up 24
MAY 2018
to 10,000 square feet; Manufacturing (non-volatile extraction, infusion, packaging, and/ or labeling); Distribution; and Retail
a division of the California Department of Public Health (CDPH), is responsible for regulating the manufacturers of cannabis-infused edibles for both medical and nonmedical use. “Manufacturing” encompasses a wide variety of cannabis products such as edibles, concentrates, topicals, capsules, vape cartridges, tinctures, and other processed cannabis products. The Office of Manufactured Cannabis Safety will also regulate the packaging and labeling of cannabis products.
o Testing Laboratories – All cannabis products must now undergo rigorous safety testing at labs to ensure consumer safety. In addition to quantifying levels of cannabinoids and terpenoids, laboratories will also screen cannabis for the presence of solvents, micro-organisms, pesticides, heavy metals, mycotoxins, and other foreign material.
• CalCannabis Cultivation Licensing
• Manufactured Cannabis Safety Branch
o Cultivators - CalCannabis Cultivation Licensing, a division of the California Department of Food and Agriculture (CDFA), is responsible for licensing
o Manufacturers - The Manufactured Cannabis Safety Branch,
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cannabis cultivators and implementing a robust track-andtrace system to record the movement of cannabis through the distribution chain. Cultivation licenses are broken down by size and location (indoor, outdoor, mixed). CalCannabis also issues cannabis nursery licenses. Existing, non-licensed medical marijuana collectives, which are currently authorized by Senate Bill 420, will cease to be lawful starting one year after the Bureau of Cannabis Control posts a notice that it has begun licensing (Health and Safety Code 11362.775(d-e)). The Bureau posted the notice on its website on January 9, 2018 and thus the protection against state criminal sanctions for cannabis collectives and cooperatives ends January 9, 2019. Nevertheless, a combination of extremely high taxes (in addition to the cultivation tax and excise tax, municipalities that license cannabis companies are imposing their own local taxes, often raising the effective tax rate for the consumer to over 40%), and the substantial aforementioned regulations have caused many cannabis companies to be slow to embrace this new licensing system. According to a recent report produced by the California Growers Association, a small-farmers advocacy group, fewer than one percent of California’s estimated 68,150 cannabis growers have secured state
licenses to continue their businesses legally. Time will tell whether California will accede to the cannabis industry’s claims that the barrier to entry into the legitimate market is too high and modify the regulatory regime accordingly. Daniel Leahy is the principal at Bay Area Cannabis Law. His practice consists of representing cannabis businesses of all sizes on matters relating to licensing, entity formation, real estate, and civil litigation. Leahy’s keen analytical approach provides his clients with the tools that they need to achieve success in the ever changing cannabis regulatory environment. He can be reached at daniel@leahy-law.com
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25
FEATURE
Do California’s Worker Protection and Tax Laws Apply to Me? by Jeremy Seymour While there are many new licensing, regulatory, and tax provisions created by Proposition 64, the existence of marijuana businesses operating as employers means that they must also comply with worker protection and payroll tax laws. This article touches on criminal enforcement of a select few of the many laws that business owners must follow, not to mention regulations and the potential civil or administrative liabilities for violations. California’s workplace protection laws are some of the strictest in the nation. The regulatory scheme includes criminal statutes. Labor Code section 1199 provides criminal penalties for employers who violate minimum wage, overtime, and other regulations with respect to their employees. Labor Code section 3700.5 requires that employers in California must provide workers compensation insurance to cover their employees in the event of an injury and the failure to do so can result in criminal charges, fines exceeding $10,000, and jail time. Similarly, California’s payroll tax laws impose significant responsibility on the employer to pay over those taxes to the State, part of which is on behalf of the employee. Unemployment and Insurance Code section 2118 includes fines and potential jail time for employers who fail to pay over payroll taxes, even if the employer did not intend to evade the tax laws. Of course, intentional tax evasion is a more serious matter and can result in felony fraud charges.
26
MAY 2018
One scheme to avoid minimum wage and payroll tax is to misclassify employees as independent contractors. The Department of Industrial Relations (DIR) and the Employment Development Department (EDD) both provide extensive information to California employers on their websites about employee and independent contractor determination. The DIR page, “Independent Contractor Versus Employee” is available at https://www.dir.ca.gov/ dlse/faq_independentcontractor.htm. EDD’s checklist format “Employment Determination Guide” is available at http://www.edd.ca.gov/ pdf_pub_ctr/de38.pdf. Nevertheless, Contra Costa County continues to find employers in various licensed industries, including construction companies and nursing care homes, who attempt to justify wage theft and tax evasion using obvious misclassifications. A victim impact statement from an employee at a sentencing hearing for wage theft involving a medical marijuana business stated,
Working for [redacted] was the most rewarding experience because I got to work with cannabis patients that legitimately benefit from cannabis for their medical ailments. It is unfortunate that it is also the most detrimental job I have ever had, in the sense that [redacted] was not responsible about his business practices. Working in the cannabis industry is a sensitive area where the business owner must comply and adhere to legal expectations such as main-
taining proper documentation and paying appropriate taxes. During my time at [redacted], the job took up a large portion of my life. I was not bothered by that until I felt like [redacted] was taking advantage of me by having me work overtime without paying overtime . . . I poured my heart and soul into helping the company grow because I believe in providing quality medicine and product for cannabis patients . . . I ended up loosing [sic] the house I was renting in [redacted] and had to move my life to [redacted] to avoid becoming homeless again. As marijuana businesses become a reality, employers would be wise to create an industry culture of compliance, not only with the special provisions and taxes created by Proposition 64, but also with California’s strict worker protection and payroll tax laws. Jeremy Seymour is a Deputy District Attorney in Contra Costa County. He has been a prosecutor for eight years, worked in a variety of units, and is currently assigned to the Special Operations Division where he prosecutes insurance fraud. He is a member of the Robert G. McGrath American Inn of Court and was the 2017 President of the Barristers’ Section of the Contra Costa County Bar Association.
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SPOTLIGHT
Smoke and Mirrors?
An Update on Sessions, Federal Enforcement Priorities, and State-Legal Cannabis by Hilary Bricken On January 4, 2018, U.S. Attorney General Jeff Sessions single-handedly demolished the federal government’s former cannabis enforcement framework under the 2013 Cole Memo (“Cole Memo”). The Cole Memo set forth eight specific enforcement priorities the Department of Justice (“DOJ”) would follow in states with medical and/or adult use cannabis laws and regulations finally bringing some form of order to the state-federal cannabis conflict. In California, Sessions’ rescinding of the Cole Memo was particularly grating where adult use sales had commenced only three days prior. In addition, how California’s U.S. Attorneys (in each of its four districts) will enforce federal cannabis laws in the future remains unclear. The U.S. Attorney for the Northern District of California, Brian Stretch, resigned on January 3, 2018 to join a private firm. Stretch’s replacement, Alex Tse, was only appointed on January 7, 2018. Tse has not made any public statement about the rescinding of the Cole Memo. The Central District is a populous jurisdiction that includes the counties of Los Angeles, Riverside, San Bernadino, Ventura, Santa Barbara, and San Luis Obispo. Only two days before rescinding the Cole 28
MAY 2018
Memo, Sessions appointed Nicola Hanna as the U.S. Attorney for the Central District. Hanna does not seem to have much written history regarding his views on cannabis, but the fact that Sessions picked him and specifically called him out for “taking on drug traffickers” is not the most positive sign for cannabis operators. In the Eastern District, McGregor Scott, also a recently-named U.S. Attorney, has actually been a U.S. Attorney in the past, having prior experience in the Northern District of California. He did not earn positive marks from the cannabis community however, as he pursued aggressive cannabis prosecutions in the mid-2000s. Finally, Adam Braverman was named U.S. Attorney for the Southern District of California in November 2017. He is most well known for international cartel work as well as other types of organized crime. On January 4, Braverman made a public statement in support of the Sessions Memo, saying: “The Attorney General’s memorandum . . . returns trust and local control to federal prosecutors in each district when it comes to enforcing the Controlled Substances Act.” At the beginning of March, Sessions finally shined some very brief light on the DOJ’s current enforce-
ment priorities in the wake of his rescinding of the Cole Memo. Reportedly, the DOJ will not waste its time or money on “small” or “routine” marijuana cases but will instead focus on bigger fish in the context of marijuana, like drug cartels and larger drug rings and conspiracies. Still, Sessions made no mention of whether or not statelegal marijuana businesses would get any kind of special treatment or whether their prosecution would amount to “routine” marijuana cases. Industry and media reactions to Sessions’ retraction of all DOJ guidance on marijuana enforcement ranged from treating the announcement as nothing more than a hollow, political threat to claims that it was the first and significant step in an organized crackdown of the entire state-legal marijuana industry. What makes things even more troubling (and speculative) is that the “Sessions Memo” is short on details—it is a single page that does not mandate that U.S. Attorneys do anything specific regarding marijuana businesses; it just withdraws the earlier marijuana-specific guidance enforcement memoranda (i.e., the Cole Memo, the 2014 DOJ guidance on financial crimes, the Wilkinson Statement for Native American tribes, the first Cole Memo from 2011, and the 2009 Ogden Memo) and directs U.S. Attorneys to treat marijuana sales like any other federal crime (though the Sessions Memo says that marijuana crimes are still serious crimes). And while Sessions refers in his memo to the principles of enforcement in the U.S. Attorneys’ Manual, that document only reinforces the level of prosecutorial discretion and authority that each U.S. Attorney has and already had. Consequently, we could see 93 different enforcement policies across the multitude of states that have marijuana legalization or medicalization, meaning individual enforcement priority policies for each U.S. Attorney in accordance
with the resources of their district. According to the Associated Press on March 10th, while engaging in a question and answer segment after giving a speech at Georgetown’s law school, Sessions said that: “Federal prosecutors won’t take on small-time marijuana cases, despite the Justice Department’s decision to lift an Obama-era policy that
discouraged U.S. authorities from cracking down on the pot trade in states where the drug is legal . . . Federal law enforcement lacks the resources to take on ‘routine cases’ and will continue to focus on drug gangs and larger conspiracies . . .” Importantly, Sessions also noted that “federal prosecutors ‘haven’t been working small marijuana cases before, [and] they are not going to be working them now.’” Of course, Continued on page 30
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CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER
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Smoke and Mirrors
Continued from page 29 now that each U.S. Attorney has the clarification from on-high to enforce federal marijuana laws in their jurisdictions according to their own prosecutorial discretion and their district’s resources and priorities, Sessions’ statements do not tell us whether individual U.S. Attorneys will or will not prosecute state-sanctioned cannabis businesses, though for most U.S. Attorneys such prosecutions are not likely at the top of their list given the political precariousness of punishing state-sanctioned, voter-approved marijuana businesses. It also remains to be seen as to whether or not the 2014 FinCEN guidelines, the guidelines that essentially permit financial institutions to offer bank accounts to marijuana businesses, will hold in light of the take down of the Cole
Memo. In turn, it is still unknown as to whether or not individual U.S. Attorneys will pursue criminal charges against financial institutions that are following those guidelines. Despite Sessions’ comments about DOJ enforcement priorities, current federal law and the Sessions memo leave the door open for the prosecution of state law-abiding marijuana operators really at any time, including in the state of California, which is set to be one of the largest cannabis marketplaces in the world. The fate of marijuana operators, investors, and ancillary service providers in every state hangs on the prosecutorial whims of the U.S. Attorney in their districts. And while it is somewhat reassuring to hear from our nation’s top prosecutor that the DOJ isn’t interested in seemingly low-level marijuana crimes that may not include stateapproved commercial cannabis
activity, we will have to wait and see as to whether or not U.S. Attorneys follow suit. Hilary V. Bricken is a partner at Harris Bricken in its Los Angeles office. Licensed to practice law in California, Wa s h i n g t o n , and Florida, she is one of the premier cannabis business and regulatory attorneys in the United States. As chair of Harris Bricken’s Regulated Substances practice group, which includes the Canna Law Group, she helps cannabis companies of all sizes with their cannabis related legal issues.
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MAY 2018
Board Nominations
Are OPEN
Thank you to the dedicated members of the 2018 CCCBA Board of Directors: Standing from left to right: Phil Andersen (Past President), Renee Welze Livingston, James Wu (President), Mika Domingo, Gina Boer, Summer Selleck, Qiana Washington, Dorian Peters, David Marchiano, Oliver Greenwood (Secretary) Seated from left to right: Steve Derby, Laura Ramsey (Treasurer), Craig Nevin, David Erb, Nicole Mills, Wendy McGuire Coats (PresidentElect) Missing from photo: Ericka McKenna
As a CCCBA member in good standing, you are eligible to join the Board of Directors. The Board seeks candidates who agree to meet the following expectations: • To possess or acquire a basic understanding of the Contra Costa County Bar Association (CCCBA) and its activities. • To commit to the mission and values of the Association. • To represent the CCCBA in a manner consistent with Board decisions. • To prepare for and regularly attend monthly Board meetings. • To attend additional meetings and bar-sponsored events as needed • To participate on at least one committee or task force. • To participate in the annual Board Orientation and Training program. Directors are selected for their experience and personal attributes. Active participation on a CCCBA committee or section leadership is a plus.
Nomination Process: To be eligible, nominees must be active attorney members of the Association. Any attorney member of the Association may self-nominate by June 1, 2018, for consideration by the Directors’ Nominating Committee. If you are interested in serving on the 2019 Board of Directors please submit your written nomination (including statement of interest, resume and 3-4 written references) to: Theresa Hurley, Executive Director, CCCBA, 2300 Clayton Rd., Ste. 520, Concord, CA 94520 | thurley@cccba.org | fax (925) 686-9867
Deadline for submitting nominations is June 1, 2018. Please contact Theresa Hurley at (925) 370-2548 with any questions. CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER
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2018 Member Information Series
The CCCBA’s 2018 Member Information Series features experts in short- and long-term financial and life planning in four informative presentations throughout the summer. Fee for each presentation: $15 for CCCBA members $20 for non-members $10 for Barristers, Law Student and Legal Support members To Register online visit www.cccba.org/attorney/calendar or contact Anne K. Wolf at (925) 370-2540 or awolf@cccba.org.
1. Maximizing Your Social Security Benefits
2. Student Loan Debt Repayment Strategies
Tuesday, June 19 | Noon - 1:30 pm | CCCBA Conference Rm., 2300 Clayton Rd., Suite 650, Concord | Lunch will be provided
Thursday, July 12 | 6:00 pm - 7:30 pm | CCCBA Conference Rm., 2300 Clayton Rd., Suite 650, Concord | Dinner will be provided
Most of us are paying into Social Security but know little about how to utilize our benefits, which can be worth over $1 million for a couple retiring today. The most commonly used strategy of starting benefits at age 62 may not be optimal. Yet, misperceptions about the program often lead people to make that choice.
Student Debt Now: What do I do? Student Debt Soon: How to make it a good idea! IBR, REPAYE? Consolidation? Forgiveness? Refinance? Come learn strategies around: – What repayment program is right for me? – Purchase a home or attack the debt? – The impact of skipping retirement contributions from year to year – What are the most efficient ways to save money for the future? – How do I protect myself and family along the way?
Learn to avoid mistakes, to maximize your benefits and optimize your timing. Find out about the three streams of Social Security benefits. Presented by: John Burns, FSA, CFP®, RICP® Principal Michelle Soto, CFP®, CDFA™
Presented by: Jimmy Diehl, MBA,CFBS® and Wesley Yamada
T 415.781.8535 www.BOSINVEST.com
T 925.979.2308 www.furstnergroup.com
3. The A, B, C’s and D of Turning 65
4. The World of Care Management and Home Care in the New Millennium
Wednesday, July 25 | Noon - 1:30 pm | CCCBA Conference Rm., 2300 Clayton Rd., Suite 650, Concord | Lunch will be provided Get familiar with the alphabet soup of turning 65 and how to plan for the transition to Medicare and a Medicare supplement. Key points include Medicare Part A and B, eligibility for a Medicare supplement, types of supplements, prescription drug plans, timelines, open-enrollment, travel limitations, options for spouses under age 65 and tips related to transitioning. Examples will show options for remaining on a company-provided insurance plan or moving to Medicare and a supplement. A basic overview of longterm care insurance will be included.
Tuesday, August 8 | Noon - 1:30 pm | CCCBA Conference Rm., 2300 Clayton Rd., Suite 650, Concord | Lunch will be provided Aging is part of life! Whether you are caring for a loved one or looking at successful ways to age in place, join us to discuss options! We will discuss how advance planning before you are faced with a difficult situation can benefit all. Bring your questions, concerns and stories. Presented by: Robin Sanow, R.N. Care Manager
Presented by:
Colleen Callahan CLU, CASL, LUTCF Colleen Callahan Insurance Services 101 Gregory Lane, Suite 32, Pleasant Hill, CA 94523 T 925.363.5433
Senior Alternatives Care Management & Home Care Services, Inc. 230 Grand Ave., Suite 100, Oakland T 888-451-4290
Mock Trial Volunteers The Contra Costa County Office of Education (CCCOE) produced another successful Mock Trial during February 2018. Teams from 15 local high schools work with teacherand attorney-coaches to prepare their version of the criminal case from both the prosecution and defense perspective. Students assume the roles of trial attorneys, pretrial motion attorneys, witnesses, clerks and bailiffs. In addition to a competition as attorneys, students also participate in contests as courtroom artists and courtroom journalists. This year the winning team was from California High School in San Ramon. They went on to represent Contra Costa County at the 37th Annual California State Mock Trial in Orange County Thank you to the following volunteers who contributed their valuable time to make this year’s event a memorable highlight for Contra Costa County students The winning team from California High School in San Ramon.
Volunteer Judges
Presiding Judge Hon. Jill Fannin, CCCOE Instructor Maryanne Britten, Hon. Mary Ann O’Malley, Contra Costa Counsel Attorney Janice Amenta, California Attorney General Deputy Alice Lustre
Volunteer Scorers Janice Amenta Bhupen Amin Phil Andersen Jane Anderson Anitha Anne Brian Baker Tamara Bartlett Paula Bauer Douglas Borchert Xandy Buckner Kristen Busby Greg Chiarella Sonja Dahl David Depolo Angela Dib Brian Duus Rob Ewing
Scott Fink Jennifer Fiore Mark Freeman Paul Gifford Ami Givon Meghan Glaspy Penny Glover Alexander Golovets Ella Gower Dulcinea Grantham Naomi Greenstone Jason Habermeyer Cynthia Harris John Hentschel Lisa Hutton Alan Jang Kyle Junginger
Hon. Steve Austin Hon. Barry Baskin Hon. Terence Bruiniers Hon. Charles Burch Daniel Cabral Michael Chamberlain Hon. Judith Craddick Aaron DeFerrari Hon. Roger Efremsky Hon. Jill Fannin Hon. David Flinn (Ret.) Matthew Guichard Hon. Joni Hiramoto
Kyle Kahan Carolyn Kahler Dodie Katague Christy Kotowski Evan Kuluk Kevin Lally Alice Lustre Leonard Marquez Gene Miller Jerrad Mills Karen Moghtader Katie Moran Ryan Morris Ann Neumann Courtney O’Brien Alyse Pacheco Lewis Pascalli, Jr.
Blair Hoffman Hon. John Kennedy Hon. Leslie Landau Dirk Manoukian Hon. Terri Mockler Hon. Dan O’Malley (Ret.) Hon. Mary Ann O’Malley Hon. Wade Rhyne Hon. Lowell Richards Hon. Anita Santos Audrey Smith Dominique Yancey
Mariana Pitts Noel Plummer David Ratner J.R. Richards Chris Sansoe Jeremy Seymour Deidre Siguenza Ed Sklar Diann Sokoloff Rob Sturm Irene Takahashi Stephanie White Jon Wolff Zina Zaia
CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER
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Advertiser Index Acuna Regli. . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Mendes Weed Law. . . . . . . . . . . . . . . . . . . . . 11
ADR Services. . . . . . . . . . . . . . . . . . . . . . . . . 12
Mitchell & Mitchell Insurance. . . . . . . . . . . . . . 30
All Cal Construction . . . . . . . . . . . . . . . . . . . . 17
Morrill Law Firm. . . . . . . . . . . . . . . . . . . . . . . 15
Barr & Young Attorneys. . . . . . . . . . . . . . . . . . . 6
Perry Novak Wealth Management. . . . . . . . . . . 2
Law Ofices of Oliver W. Bray . . . . . . . . . . . . . 25
Pedder, Hesseltine, Walker & Toth, LLP. 7, 15, 25
Diablo Valley Reporting Service. . . . . . . . . . . . 40
Candice Stoddard. . . . . . . . . . . . . . . . . . . . . . 11
First Republic Bank . . . . . . . . . . . . . . . . . . . . . 27
Weed Law . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Robert B. Jacobs . . . . . . . . . . . . . . . . . . . . . . . 9
Lisa West . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Judicate West . . . . . . . . . . . . . . . . . . . . . . . . . 10
Michael Young. . . . . . . . . . . . . . . . . . . . . . . . . 14
Landmark Valuation. . . . . . . . . . . . . . . . . . . . . 19
Youngman Ericsson Scott. . . . . . . . . . . . . . . . . 24
Hubert Lenczowski. . . . . . . . . . . . . . . . . . . . . 24
Zandonella Reporting Service. . . . . . . . . . . . . 12
Is your ad on this list? Contact Carole Lucido for information on how you can reach our influential audience at (925) 370-2542 or clucido@cccba.org.
Classifieds Great office space in existing attorney law office
Available in Walnut Creek, walkable to Pleasant Hill BART. Spacious suite appropriate for 1-2 attorneys and staff, or stand alone office with administrative space optional. Comes with free parking, use of conference rooms, kitchen and reception services. Contact Patty at (925) 280-1700.
Walnut Creek Law Office Space Available
Beautiful, brand-new centrally located, large full-service office in class A Building (15.5 ft x 15 ft) only one block from BART. Use of conference room and kitchen included. Perfect for solo attorney. Contact Jessica at (925) 939-9880 or jodea@blglegal.net
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MAY 2018
SINGLE LARGE OFFICE-WALNUT CREEK Office SPACE in Downtown Lafayette Single large office for sublet; Class A Building; Downtown Walnut Creek; 6th Floor view with balcony; Secretarial Setup; Furnished or not; Indoor Parking available; Conference Room in building; easy freeway access; Lease or Monthto-Month available; 925-938-5880 Info: - $1,800 per month (first & last month’s rent) - $20 per month DSL service - comes with 2 reserved, underground parking spaces - photocopy and scanning available for nominal charge - month-to-month for first 4 months - secretarial space comes with desk and phone - in-office telephone also available
Single office space available on ground floor of a prominent legal firm (since 1955) in Lafayette. Free parking. Access to common kitchen area, conference room, law library, copy & postage machine. Beautiful Creekside setting $900/mo. To view, ask for Janelle (925) 283-6816.
Probate paralegal to attorneys Joanne C. McCarthy. 2204 Concord Blvd. Concord, CA 94520. Call (925) 689-9244.
The April Issue of Contra Costa Lawyer
– Here’s What You Missed Real Estate Development in Contra Costa County
Thank you to Marcus Brown, Guest Editor
Update on Housing Projects in Contra Costa: Developers’ Innovative Ways to Help Cities Address the Housing Crisis, by Amara Morrison California Environmental Law Update, by James R. Arnold With 3.3 Parking Spaces per Car, Why Do We Complain About Parking? Parking Development Requirements Now & Future, by Ken Strongman The State Wants More In-Law Units: New Policies Favor Accessory Dwelling Units to Combat the Housing Shortage, by Marie Quashnock Solving California’s Housing Gap Requires Legislation that Respects Local Ordinances, by Inga Miller Engineering a Solution to Contra Costa Building Foundations, by Craig Nevin The Contra Costa County Office Market: Now and in the Future, by Jeffrey Weil President’s Message: Take the Initiative and Reach Out! by James Wu Inside: The Silver Lining Behind Local Planning Challenges, by Marcus Brown, Guest Editor Coffee Talk: Addressing Contra Costa Traffic Woes Bar Soap, by Matthew Guichard Pro Bono: Bike East Bay, by Marcus Brown
Find it online at www.contracostalawyer.cccba.org CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER
35
Calendar
Upcoming Events | Overview May 7-18 | CCCBA June 14 | Barristers Young Lawyers Section 27th Annual Food from the Bar-2018 more details below
All Section Summer Mixer more details on page 37
May 8 | Women’s Section June 19 | CCCBA - Member Information Program Women’s Section Happy Hour more details on below
Maximizing Your Social Security Benefits more details on pages 32 and 38
May 8 | Estate Planning & Probate Section June 27 | Women’s Section 25th Annual Estate Planning Symposium more details on page 37
May 9 | CCCBA Happy Hour in Richmond
more details on page 37
May 14 | CCCBA Senior Lawyers Roundtable more details on page 37
May 15 | CCCBA Bench/Bar Lunch 2018 - A Very Civil Q&A more details on page 37
May 16 | CCCBA Res Ipsa Jokuitor XXIII - Comedy Night & Celebration for Food from the Bar 2018 more details on pages 22 and 37
Join the CCCBA at a series of no-host happy hour gatherings over the next few months on May 9, July 19 and October 25.
36
MAY 2018
Annual Luncheon Navigating Gender Bias in Negotiation, Mediation & The Courts more details on page 38
July 12 | CCCBA - Member Information Program Student Loan Debt Repayment Strategies more details on pages 32 and 38
July 19 | CCCBA Happy Hour in Lafayette more details on page 38
July 25| CCCBA - Member Information Program The A, B, C,’s and D of Turning 65 more details on pages 32 and 38
July 31 | CCCBA CCCBA Goes to the Ball Park more details on page 38
May 7-18 | CCCBA
May 8 | Women’s Section
27th Annual Food from the Bar-2018
Women’s Section Happy Hour
Make a difference to the hungry people in Contra Costa County (and show those other law firms how generous your firm really is)!
Think LinkedIn but over drinks. This Happy Hour is an opportunity to meet and build professional relationships.
Currently in its 43rd year, the Food Bank provides food to over 132,000 people every month in Contra Costa and Solano Counties. All monetary donations are tax-deductible and will be acknowledged.
Time: 5:00 pm – 7:00 pm
The firm in each category with the highest per capita figures will receive an individual award for permanent display in their office. Do your part to feed the hungry in your area. Participate in Food From the Bar! To donate or for more info, go to www.foodbankccs. org/fftbcc.
Location: MoMo’s Walnut Creek, 1444 N. California Blvd., Walnut Creek Register: Please email Ariel Brownell Lee at Ariel@BrownellLegal.com The Contra Costa County Bar Association certifies that the MCLE activities listed on pages 36-38 have been approved for the specific MCLE credit indicated, by the State Bar of California, Provider #393.
May 8 | Estate Planning & Probate Section
25th Annual Estate Planning Symposium Cosponsored by Mechanics Bank Speakers: Terry R. Leoni – Leoni Law, “Ethically Protecting You & Your Client in Matters Involving Criminal Conduct, Discrimination, & Harassment” John A. Hartog and Andrew Verriere – Hartog, Baer & Hand, “Attorney-Client Privilege and Attorney Work Product from a Trusts and Estates Perspective” Time: 1:00 pm - 5:30 pm
May 9 | CCCBA
May 14 | CCCBA
CCCBA Happy Hour Gathering
Senior Lawyers Roundtable
Join us for a casual, no host event, where CCCBA Board Members and Section Leaders gather together with CCCBA members in a relaxed, happy hour setting to socialize. Don’t expect anything formal like name tags or check-in tables, Just come when you can. Feel free to bring a friend or two...non-legal types always welcome!
Have you been in practice for 30 or more years? Are you thinking about what your next steps might be – do you retire all together, downsize, sell your practice, keep going another 30 years? Have you thought about how you would spend your time once you aren’t practicing law full time? Come join the Senior Lawyers Task Force in our first facilitated roundtable discussion about law and life in the “golden years.”
Time: 4:30 pm - 7:00 pm Location: Salute e Vita Ristorante 1900 Esplanade Dr., Richmond More Info: Contact Anne K. Wolf at (925) 370-2540 or awolf@cccba.org
Time: 4:30 pm – 6:30 pm Location: CCCBA Conference Room, 2300 Clayton Rd., Suite 650, Concord RSVP: Online at www.cccba.org/attorney/ calendar
Location: Lesher Center for the Arts MCLE: 3 hrs. EP&P Specialization MCLE credits
More Info: Contact Theresa Hurley at (925) 370-2548 or thurley@cccba.org
Cost: $75 for EP&P Section members, $65 Law Student Section members, $90 CCCBA members, $95 non-members Register: Online at www.cccba.org/attorney/ calendar
May 15 | CCCBA
May 16 | CCCBA
Bench/Bar Lunch 2018 A Very Civil Q & A
Res Ipsa Jokuitor XXIII - Comedy Night & Celebration for Food from the Bar 2018
Speakers: Hon. Steve Austin Hon. Steve Treat Hon. Judith Craddick Hon. Ed Weil Hon. Barry Goode Members of the CCCBA are invited to attend a meeting with Civil Division Supervising Judge Edward Weil and the other Civil Judges to discuss issues of general interest or concern. The Research Attorneys will also be available to answer your questions. Time: Noon - 1:30 pm Location: Wakefield Taylor Courthouse, Room 320 - Department 39, 725 Court St., Martinez
Spend an evening with Will Durst Thank you to Justice James Marchiano who has agreed to act as emcee for the evening. Bring a can of protein (tuna, beef stew, etc.) for a chance to win valuable prizes! For sponsorships, contact Theresa Hurley, (925) 370-2548. Time:
6:00 pm Doors Open 6:30 pm Buffet 8:00 pm Show Begins
Location: Back Forty BBQ, 100 Coggins Dr., Pleasant Hill (Vegetarian option available.)
MCLE: 1 hr. General MCLE credit
Cost: $70 each, $650 for a table of ten
Cost: $15 CCCBA members, $20 non-members
Tickets: Online at www.foodbankccs.org/fftbcomedynight
Register: Online at www.cccba.org/attorney/ calendar More Info: Contact Anne K. Wolf at (925) 370-2540 or awolf@cccba.org
June 14 |
Barristers / Young Lawyers Section
All Section Summer Mixer Join us in celebrating the start of summer. Catch up with old friends, get to know some new faces and relax with your CCCBA colleagues. This event is FREE for all CCCBA members! Time: 5:30 pm – 7:30 pm Location: Sauced, 1410 Locust St., Walnut Creek Cost: FREE for all CCCBA members, $20 nonmembers Register: Online at www.cccba.org/attorney/ calendar More Info: Contact Anne K. Wolf at (925) 370-2540 or awolf@cccba.org
More Info: Contact Anne K. Wolf at (925) 370-2540 or awolf@cccba.org See page 22. CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER
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June 19 | CCCBA – Member
June 27 | Women’s Section
July 12 | CCCBA - Member
Maximizing Your Social Security Benefits
Annual Luncheon - Navigating Gender Bias in Negotiation, Mediation & the Courts: Tales & Tips
Student Loan Debt Repayment Strategies
Information Program
Speakers: John Burns – FSA, CFP, Principal BOS Michelle Soto – CFP, CDFA, Director BOS Most of us are paying into Social Security but know little about how to maximize our benefits, which can be worth over $1 million for a couple retiring today. The most commonly used strategy of starting benefits at age 62 may not be optimal. Yet, the misperceptions about the program often lead people to make that choice. Lunch included. Time: Noon – 1:30 pm Location: CCCBA Conference Rm., 2300 Clayton Rd., Suite 650, Concord Cost: $15 for CCCBA members, $20 nonmembers Register: Online at www.cccba.org/attorney/ calendar More Info: Contact Anne K. Wolf at (925) 370-2540 or awolf@cccba.org See page 32.
from Seasoned Practitioners and Judges Speakers: Hon. Ellen James (Ret) Renee Livingston - Livingston Law Firm Hon. Anita L. Santos Panelists will explore the role that gender has played in mediation and negotiations, both in and out of the courtroom, as well as how gender impacted and influenced their experiences in the legal profession. Be ready to ask the panelists questions concerning overcoming gender bias, encouraging a more gender neutral approach and strategies to increase negotiation effectiveness. Time: 11:30 am – 1:30 pm Location: Maria Maria, 1470 North Broadway, Walnut Creek MCLE: 1 hour Elimination of Bias MCLE credit Cost: $25 for Women’s Section members, $35 Barristers and Law Student Section members, $40 CCCBA members, $45 nonmembers Register: Online at www.cccba.org/attorney/ calendar
July 19 | CCCBA CCCBA Happy Hour Gathering Don’t expect anything formal like name tags or check-in tables. Join us for a casual, no host event, where CCCBA Board Members and Section Leaders gather together with CCCBA members in a relaxed, happy hour setting to socialize. Come and have fun and network with your fellow CCCBA members. Feel free to bring a friend or two... non-legal types always welcome! A gathering of CCCBA is hard to miss. Time: 4:30 pm – 7:00 pm Location: The Cooperage, 32 Lafayette Circle, Lafayette More Info: Contact Anne K. Wolf at (925) 370-2540 or awolf@cccba.org
Student Debt Now: What do I do? Student Debt Soon: Make it a good idea! IBR, REPAYE, Consolidation, Forgiveness? Refinance? It’s simply not that easy… come learn strategies around: • What repayment program is right for me? • Purchase a home or attack the debt? • The impact of skipping retirement contributions from year to year. And more. Time: 6:00 pm – 7:30 pm Location: CCCBA Conference Rm., 2300 Clayton Rd., Suite 650, Concord Cost: $15 for CCCBA members, $20 nonmembers Register: Online at www.cccba.org/ attorney/calendar More Info: Contact Anne K. Wolf at (925) 370-2540 or awolf@cccba.org See page 32.
July 31 | CCCBA
The A, B, C’s and D of Turning 65
CCCBA Goes to the Ball Park 2018 Toronto Blue Jays vs. Oakland A’s
Information Program
Speaker: Colleen Callahan - CLU,CASL, LUTCF Get familiar with the alphabet soup of turning 65 and how to plan for the transition to Medicare and a Medicare supplement. Key points include Medicare Part A and B, eligibility for a Medicare supplement, types of supplements, prescription drug plans, timelines, open-enrollment, travel limitations, and more. Time: Noon – 1:30 pm Location: CCCBA Conference Rm., 2300 Clayton Rd., Suite 650, Concord Cost: $15 for CCCBA members, $20 nonmembers
See page 32. MAY 2018
Speakers: Jimmy Diehl & Wes Yamada — The Furstner Group
July 25 | CCCBA – Member
Register: Online at www.cccba.org/attorney/ calendar
38
Information Series
Get yourself on the roster! Our Oakland A’s versus the Toronto Blue Jays. Game time: 7:05 pm. Lower level box seat, a delicious catered tailgate and ballpark-appropriate libations included. As a signing bonus - it is FREE PARKING TUESDAY! Stay on base and look for our specific tailgate parking lot location and start-time details. Time: 5:30 pm – 9:30 pm Location: Oakland Coliseum, 7000 Coliseum Way, Oakland Cost: $50 members and non-members Register: Online at www.cccba.org/attorney/ calendar More Info: Contact Anne K. Wolf at (925) 370-2540 or awolf@cccba.org
Bar Fund
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rg About or 92 the Bar 537 Fund: The 025 48 Contra Costa County Bar Association’s Bar Fund was established in 1988 to help improve the conditions for those in need through a permanent and ongoing source of income. Each year in the fall, CCCBA sponsors a gala event in support of The BAR FUND and to raise consciousness about the need for pro bono legal services for low income members of our community. Over the years, we’re proud to say that due to generous donations from people like you, our total grants to date are $782,320!
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Save the Date!
September 27, 2018 5:30 pm - 8:00 pm Lafayette Veteran’s Memorial 3780 Mt. Diablo Blvd. Lafayette
Deposition Reporting in Contra Costa County since 1986
Trusted with the Bay Area’s most complex cases, Diablo Valley Reporting Services has been part of the legal landscape for more than 30 years. Contra Costa County attorneys have come to rely on DVRS as a firm that is large enough to handle the most challenging cases, but small enough to provide the utmost in personal and professional service. • • • • • •
DIABLO VALLEY REPORTING SERVICES
Proud to Partner with Some of the Area’s Best Certified Shorthand Reporters Leading Technology Personal Service and Delivery Deposition Suites and Conference Rooms Available Centrally Located in Downtown Walnut Creek, near BART A Loyal Supporter of the Contra Costa County Bar Association for Three Decades
2121 N. California Blvd., Suite 290, Walnut Creek, CA 94596 • dvrs2121@yahoo.com
925.930.7388