Marc Cunningham Email & Phone Number

Legal support for numerous types of advertising initiatives in various media, such as: affiliate marketing; billboards; blogs; computers; contests; direct marketing; emails; endorsers; events; gift cards; green marketing; influencers; internet; keyword searches; magazines; mobile; movies; network marketing; payment processors; phones; print; producers.

Adtech agreements, contracts, documents, drafting, legal support, managing, negotiating, structuring, such as: ad content providers; ad development; ad servers; ad publishers; adtech contract templates; adtech corporate policies adtech negotiation playbook (with strategies keyed to every contract clause, section and sentence); business to business (B2B).

Advertising agreements, contracts, documents, drafting, forms, guidelines, legal support, managing, negotiating, playbooks (with negotiating strategies for sales personnel keyed to every template clause, section and sentence), policies, procedures, processes, protocols, research guides, specifications, structuring and templates for cross-border, domestic.

Compliance with US Federal Trade Commission (FTC) guidelines, such as: August 13, 1979 FTC Statement of Policy Regarding Comparative Advertising; December 17, 1980 FTC Statement of Policy on Unfairness; October 14, 1983 FTC Statement of Policy on Deception; August 2, 1984 FTC Statement of Policy Regarding Advertising Substantiation Program; May 1, 1994.

(Part 1 of 2)Commercial agreements, contracts, documents, drafting, forms, guidelines, legal support, managing, negotiating, playbooks (with negotiating strategies for sales personnel keyed to every template clause, section and sentence), policies, procedures, processes, protocols, research guides, specifications, structuring and templates for.

(Part 2 of 2)inbound licensing; independent contractor; influencer; intellectual property distribution; joint venture (JV); labeling; labor; letter of credit (LOC); letter of intent (LOI); licensing; loans; manufacturing; maritime (dredging, pier repair, ship rental, purchase and sale); marketing; master purchase; master services (MSA); material transfer.

• Drafting and negotiating distribution agreements and exclusive distribution agreements for goods purchased by a dealer or distributor directly from the manufacturer for resale either to sub-dealers or sub-distributors.
• Particular attention to provisions of concern to both parties, such as covenants, duration, events of default, exclusivity, marketing rights, representations, reporting requirements, supply terms and conditions.

• Legal support for the strategic planning to accentuate the advantages of business process outsourcing (BPO), such as better quality and performance, cost efficiency, higher flexibility within the enterprise by.
• Strategic planning to mitigate the disadvantages of BPO, such as communication issues (due to the communications equipment compatibility issues, differences in time zones and language issues), lack of strategic.

• Application of BPO to legal functions such as administrative tasks including accounting and billing, document review and management, intellectual property administration, legal animation and graphics for courtroom.
• Types of typical contract structures for legal process outsourcing (LPO) include the direct contract (the most common means of establishing the contractual LPO relationship, in which the firm needing legal services.

• Cannabis is classified as a Schedule I substance under the Controlled Substances Act (CSA), and thus distribution, production or use of cannabis in any form is a Federal offense.
• Familiarity with state laws regulating cannabis (which is still illegal at the Federal level) for medical and recreational purposes, such as California, Colorado, Delaware, the District of Columbia, Florida, Illinois.
• Consultation for cannabis growers, distributors, processors and investors regarding issues such as advertising, branding, commercial transactions, compliance, corporate governance, cross-border (Canada and Mexico).
• Working knowledge of and compliance with the applicable laws in United States (US) jurisdictions in which cannabis is fully-legal for all uses.
• Working knowledge of and compliance with the applicable laws in US jurisdictions in which cannabis is legal for very restricted uses only.
• Working knowledge of and compliance with the applicable laws in US jurisdictions in which cannabis is legal for medical uses only.

• Compliance with applicable regulations and provisions of various Federal agencies and statutes, such as the Agricultural Act of 2014, Agriculture Improvement Act of 2018 (also known as the 2018 Farm Bill), anti-money.
• Compliance with various California agencies and statutes, such as the Administrative Procedure Act (APA), Adult Use of Marijuana Act (AUMA), Bureau of Cannabis Control (BCC), Compassionate Use Act, Department of Food.
• Compliance with the California dual licensing system, in which state licenses are required to operate cannabis businesses, but only businesses with local licenses are eligible to for state licenses, and each city and.

Negotiation and drafting of domestic and international agreements, contracts, ancillary documents and templates related to the cannabis business, such as advertising, brand ambassador, cloud services, co-packer, collaboration, collateralization, contribution, cybersecurity, data privacy, data security, debt financing, distribution, due diligence.

• Negotiation and drafting of domestic governance documents and templates related to the cannabis business, such as annual reports, articles of incorporation, articles of organization, board committees, board.
• Managed Board of Director materials, corporate filings and other corporate records.
• Consultation regarding various domestic and international cannabis-related transactions, such as cross-border financing and fundraising – facilitating the interaction of Canadian, European Union (EU), Israeli and.
• Consultation for crisis management situations, such as conflicts of interest, contested takeovers, director elections, foreign corrupt practices investigations, proxy contests, related party transactions, say-on-pay.

• Legal support for all dispensary operations, including daily management oversight.
• Onsite and online training for all employees in the legal aspects of cannabis sales and quality customer service.
• Authored and implemented corporate policies and standard operating procedures (SOPs) for the dispensary operations.
• Acted as subject matter expert (SME) for employee questions regarding cannabis regulations, rules and statutes.
• Collaboration with the internal human resources (HR) executives to provide legal support for dispensary-related issues.
• Ensured that all dispensary workers followed the privacy and security best practices outlined in the employee handbook and on the corporate website, relating to inventory control, patient identification, patient.

• Consultation regarding state-by-state employment and labor laws related to cannabis-related businesses.
• Directed compliance efforts for cannabis-related businesses.
• Performed typical employment and labor-related tasks, such as conducting exit interviews, investigations of employee complaints (such as civil rights violations, discrimination, sexual harassment, unsafe workplace.
• Authored and implemented paper and online handbooks, playbooks and training materials.
• Assisted human resources (HR) in developing metrics to monitor employee performance for each task required to perform the employee’s particular job functions.
• Assisted with the investigation of and research for various HR-related software platform systems.

• Consultation regarding the application of Federal guidelines, regulations, rules and statutes maintaining that cannabis-related trafficking is illegal for any purpose, including as such trafficking may relate to.
• Consultation for financial institutions on implementing due diligence programs to screen cannabis-related businesses for possible financing.
• Consultation regarding required federal filings relating to domestic and international financing activities related to the cannabis business, including the filing of Suspicious Activity Reports (SARs).
• Compliance with the Financial Crimes Enforcement Network (FinCEN) audits and requirements.
• Tracking and prognostication regarding Federal and state legislative developments that may impact cannabis-related financing.
• Authored and implemented corporate policies, procedures and protocols regarding credit unions financing cannabis-related transactions.

• Consultation for the brand establishment, copyright registration, domain name issues, evaluation of intellectual property (IP) portfolios in anticipation of purchase or sale, Federal and state trademark clearance.
• Consultation regarding the cannabis-related applications and patents already in the United States (US) Patent and Trademark Office (USPTO) database, such as cannabis products, cannabis plants, cleansing pesticides.
• Possibility of attempting to register a trademark and logo for a cannabis-related business at the state level, or at the Federal level for a type of business that does not itself violate Federal statutes and does not.
• Use of utility patents for new, improved, innovative or useful products in and of themselves, such as cross-breeding methods, devices, extraction apparatus, extraction methods, growing methods, new hemp uses, new.
• A plant patent may be issued for a living plant with a unique genetic makeup or genotype, which may be duplicated only through artificial asexual means, and may be available for cannabis plant genotypes regardless of.

• Familiarity with the various types of licenses that may be available from local and state jurisdictions, such as for cultivation, manufacturing, retail store, testing, wholesale distribution.
• License application assistance for cultivators, growers, manufacturers, retailers, transporters and wholesalers.
• Assisted with the preparation of various local and state licensing amendments and applications.
• Drafted licensing-related documents, such as appeal letters, corrective action plans, deficiency responses, standard operating procedures (SOPs) and supporting memoranda.
• Interaction with local and state regulatory authorities and inspectors.
• Managed internal and external personnel in support of complex cannabis licensing projects.

• Consultation for investors, public and private cannabis companies for litigation and related actions, such as administrative proceedings, appeals, breach of contract, challenges to non-renewals of specialty licenses.
• Managed the work of internal staff, domestic and international outside counsel.
• Litigation-related tasks, such as alternative dispute resolution, arbitrations, arraignments, correspondence, discovery, drafting, due diligence, closing arguments, compiled evidence and exhibits, court hearings.
• Responsible for billing, maintaining case files, a caseload calendar, and tracking case status.

• Familiarity with state laws regulating the medical uses for cannabis.
• Drafted and implemented corporate policies, procedures, protocols and standard operating procedures (SOPs) related to the medical uses for cannabis.
• Collaborated with compliance subject matter experts (SMEs) in the analysis of state laws regulating the medical uses for cannabis to identify potential issues when assisting management in planning expansion of.
• Worked with government relations SMEs and lobbyists to create strategies for engaging politicians regarding the medical uses for cannabis.
• Maintained strict confidentiality while managing patient information.
• Drafted, submitted and tracked applications for licensure, freedom of information (FOIA) requests, license renewals, regulatory submissions, requests for information (RFIs), and other documents.

Law

See all the individual areas of legal practice for Marc Cunningham LLC (above), for the period of Marc Cunningham LLC areas of legal practice beginning September 1, 2012 through the Present.NOTE: For the period between November 29, 2010 through August 31, 2012 I was an Associate at Quinn Emanuel Trial Lawyers (indicated directly below).

Law

Law

Juris Doctor, Law

Bachelor Of Architecture (B.Arch.), Architecture