Real Property Law

Cal. Real. Prop. Journal 2020, VOL. 38, NO. 4

Table of Contents

Message from the Editor-in-Chief…………………………………..3
By Misti M. Schmidt

COVID-19’s Impact on Leasing and Other Real Estate Transactions……………………4
By Louis Gonzalez, Jr., Josh Escovedo, and Mark Ellinghouse
The COVID-19 pandemic has strongly affected contractual relationships in the real estate industry. This article discusses the most important legal defenses for practitioners to be aware of, summarizes and evaluates the few recent cases considering how these defenses apply in the pandemic, and provides recommendations for limiting exposure during future pandemics.

COVID-19’s Impact on the Cannabis Industry…………………………….16
By Chrystal James
This article overviews the cannabis industry’s reaction to the COVID-19 pandemic, describing how cannabis businesses adapted to stay-at-home orders, consumer demand shifts, the designation of "essential" business status, and reopening strategies. The article further discusses the potential for dynamic changes to the cannabis industry after the pandemic.

MCLE Self-Study Article: Attorney Ethics and Cannabis: Conflicts of Laws, Conflicts of Interest, and Attorney-Client Privilege for Cannabis Practitioners………………………….29
By Jessica C. McElfresh
When taking on cannabis clients, lawyers may see only opportunity, excitement, and change. However, cannabis lawyers must be aware that, in addition to facing the same ethical obligations as all attorneys, cannabis lawyers also must deal with the temptation and conflict ramifications of entering the industry as a non-lawyer, the specter of the federal Controlled Substances Act, and the crime-fraud exception to attorney-client privilege.

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