Real Property Law
Cal. Real. Prop. Journal 2020, VOL. 38, NO. 4
Content
- 2020-2021 Executive Committee of the Real Property Law Section
- 2020 California Real Property Journal
- A Note from the Cannabis Law Symposium Co-Chair
- Cannabis, Politics, and Land Use
- Covid-19's Impact on Leasing and Other Real Estate Transactions
- Covid-19's Impact on the Cannabis Industry
- Legal Consequences for Using or Acting as an Unregistered Broker-Dealer in the Cannabis Industry
- MCLE Self-Study Article: Attorney Ethics and Cannabis: Conflicts of Laws, Conflicts of Interest, and Attorney-Client Privilege for Cannabis Practitioners
- Message from the Editor-in-Chief
- Protection for Cannabis Properties: Bankruptcy, Receivership, and Other Alternatives to Bankruptcy
- Special Message from the Incoming Section Chair
- Table of Contents
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.