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Posts Tagged ‘webinar’

Pass That Dutch: California Insurers Respond to Budding Cannabis Industry

Posted on: July 2nd, 2018

By: Kristin Ingulsrud

California Insurance Commissioner Dave Jones announced on June 4, 2018 his approval of the Cannabis Business Owners Policy (CannaBOP) in California.  The new CannaBOP program was designed for cannabis dispensaries, storage facilities, processors, manufacturers, distributors, and other related businesses.  The CannaBOP program includes property and liability coverage for qualifying businesses.

Other recent offerings by insurers to the California cannabis industry include the first commercial insurance from an admitted carrier in November 2017, the first surety bond program in February 2018, and the first coverage for commercial landlords and a product liability and product recall program in May.

In April, President Donald Trump seemingly called off Attorney General Jeff Sessions’s war on marijuana and promised to support legislation that would protect states that have legalized marijuana from a federal crackdown.  The unpredictability of the current administration in regards to federal enforcement is just one of the unique issues the legalized cannabis industry faces.

Commissioner Jones hosted a webinar in May, Weeding through the Unique Insurance needs of the Cannabis Industry with the National Association of Insurance Commissioners Center for Insurance Policy and Research.   “Cannabis businesses face various insurance gaps—which means cannabis customers, workers and business owners may not have access to insurance to help them recover if there are accidents, injuries, property damage, or any of the things commercial insurance typically covers,” said Jones.

Topics included the effects of conflicting state and federal law on insurance claims, policy exclusions and gaps in coverage.  The webinar also covered the future of the cannabis industry and new trends such as on-site consumption, cryptocurrency, and blockchain.

Commissioner Jones  held the nation’s first public hearing in October 2017 to identify insurance gaps faced by the cannabis industry as part of his ongoing initiative to encourage commercial insurers to offer tailored coverage.  Since that time, insurers in California continue to expand their offerings to the cannabis industry.

If you have any questions or would like more information, please contact Kristin Ingulsrud at [email protected].

BREAKING – D.C. Circuit Sets Aside Key Portions of FCC Ruling in Long-Awaited TCPA Decision

Posted on: March 20th, 2018

By: Matthew N. Foree

The United States Court of Appeals for the District of Columbia Circuit has finally issued its decision in the appeal of the Federal Communication Commission’s July 2015 Declaratory Order regarding the Telephone Consumer Protection Act. The industry has been anxiously awaiting this decision for over two years. The decision provides helpful guidance to those defending TCPA claims. The highlights are set forth below.

First, the decision rejects the FCC’s guidance concerning the qualifications of an automatic telephone dialing system (ATDS). Whereas the FCC defined ATDS broadly such that it took into consideration the device’s potential ability to store or produce telephone numbers to be called and to dial such numbers in determining its “capacity” to do so, the D.C. Circuit found that this definition was impermissibly expansive.  Among other things, the D.C. Circuit found that the FCC’s decision “fails to satisfy the requirement of reasoned decisionmaking.”  Therefore, the court set aside the FCC’s treatment of the issue.

Also, the D.C. Circuit considered the FCC’s treatment of reassigned cellular telephone numbers and particularly the issue of consent provided by one user of a cell phone when that number is reassigned to another user.  The FCC determined that callers could have one free call to continue to rely on the previous subscriber’s consent.  The D.C. Circuit questioned why the consent should stop at one call and determined that the FCC did not provide a satisfactory answer to this question.  As such, the court set aside the FCC’s treatment of reassigned numbers as a whole.

Additionally, the D.C. Circuit considered the revocation of consent, an issue that has become particularly active in TCPA litigation. The D.C. Circuit did not set aside the FCC’s determination that consent could be revoked at any time by any reasonable means.

Please join Matt Foree and Jennifer Lee on Thursday, March 29, 2018 at 3:00 PM EST for a webinar entitled “Unpacking the D.C. Circuit’s Decision on the FCC’s 2015 TCPA Ruling.”  We will discuss in more detail the D.C. Circuit’s decision, including the impact of the ruling on the defense of TCPA cases moving forward.

If you have any questions or would like more information, please contact Matthew Foree at [email protected].