David is a partner in HMB’s Litigation Group and leads the firm’s Cannabis practice. He represents entrepreneurs, investors and business owners in the cannabis industry. He also represents companies facing business and tax litigation and provides general counsel representation for privately-held companies.
For clients in the cannabis industry and other emerging industries, David helps clients navigate unsettled and differing statutes, regulations and industry-specific legal developments, including where inconsistencies exist between state and federal law. David enjoys guiding clients through the regulatory maze for state licensing of cannabis businesses and counseling on the issues, some new and some common, during the course of the company’s life through sale and beyond.
Read MoreKnown as an excellent listener, David’s approach is time-efficient and focused on getting to the client’s business goal. He handles a range of issues, including whistleblower (qui tam) and False Claims Act defense, partnership and ownership disputes, contract disputes and business torts and the array of issues being litigated in the cannabis industry.
David also has particularly deep experience handling multistate tax matters. He represents clients before state courts and administrative tax tribunals across the country, litigates in appellate and federal courts and facilitates audit disputes and informal dispute resolutions nationwide.
Legal Advice Built on Solid Business Sense
Clients rely on David for his business focused approach to proactively addressing issues and for resolving complex disputes. He is well known for providing counsel for operating efficiently and for complex issues involving new laws in different jurisdictions.
Cannabis Law
State & Local Tax
Whistleblower (Qui Tam)
Business Litigation
With more states and countries legalizing cannabis in varying forms, the industry is likely to continue to expand. However, cannabis remains an illegal drug at the federal level, presenting numerous challenges for cannabis-related companies and their counsel. In his article for Practical Law, David S. Ruskin examines the top legal issues that practitioners must consider when counseling either a plant-touching cannabis company or a more indirect cannabis-related business.
Illinois Craft Cannabis Association (“ICCA”) v. The State of Illinois, Governor J.B. Pritzker, the Illinois Department of Agriculture and its director, Jerry Costello II, Case No. 2020 CH 06247 Since our last update on the ICCA’s lawsuit against the State of Illinois, much has happened, but unfortunately nothing has changed. The delays continue for the hundreds of Craft Grower, Infuser…
In less than a decade, Illinois went from treating cannabis as a criminal issue to developing a heavily-regulated legal medical and adult use cannabis industry. Illinois law uses cannabis as a blanket term covering regulated products, including cannabis-infused products, such as edibles. Medical cannabis is a term that covers the same types of product as cannabis, but refers to products…
While the Illinois dispensing organization conditional licenses have not been awarded yet, we are hopeful they are coming soon. That being said, here are the two questions I get asked most about the current Illinois dispensing license applications: Will COVID-19 cause the IDFPR to delay granting licenses on the scheduled date of May 1, 2020; and If I do not…
On Monday March 23, the federal Small Business Administration (SBA) confirmed that cannabis businesses are ineligible for disaster relief loans to assist with the detrimental effects of the Coronavirus outbreak. In the recent Twitter post, the SBA stated, “With the exception of businesses that produce or sell hemp and hemp-derived products [that were federally legalized under the 2018 Farm Bill],…
Join David S. Ruskin and a panel of industry leaders at the International Cannabis Bar Association’s Annual Cannabis Law Institute! The conference takes place at George Washington University Law School on June 9-11.
David S. Ruskin Presents, “Before the Application: Preparation, Team Building, Business Structure and Capitalization” at NCIA’s Cannabis Summit.
6/15/21 Cannabis cultivation is an industry with great economic promise, but the potential environmental cost of Illinois’ most recent economic boon needs to be acknowledged. Join David S. Ruskin and James M. Jennings (Illinois Environmental Protection Agency), Cary J. Shepherd (Bluhm Legal Clinic, Northwestern Pritzker School of Law) and Kaitlin Urso (Colorado Department of Public Health & Environment) for this in-depth look…
3/4/21 1:30PM ET Join David S. Ruskin as he presents a webinar with Christopher Pippett of Fox Rothschild LLP for the Seminar Group. This presentation will cover the challenges of banking in the cannabis industry, as part of a bigger seminar on Illinois and Michigan. This seminar will cover topics directly related to medical and adult use cannabis laws and regulations under…
10/22/20 David S. Ruskin will moderate a panel discussion for the Cannabis Law Institute as a part of the INCBA month-long program on cannabis legalization topics. The panel will include Dr. Chanda Macias of Ilera Holistic, Scheril Murray Powell of Scheril Murray Powell P.A., Sarah Lee Gossett Parrish of Sarah Lee Gossett Parrish PLLC and Dina Rollman of GTI. In…
HMB’s litigation team, led by David S. Ruskin, and State and Local Tax attorney, David A. Hughes, began their representation of PACCAR in late 2019 when RN Acquisition, LLC filed a complaint alleging breach of contract and seeking a declaratory judgment arising from PACCAR’s alleged failure to pay the Chicago Lease Transaction Tax.
The Illinois Craft Cannabis Association ("ICCA") filed suit against the State of Illinois and Illinois Department of Agriculture on Monday, October 12 to compel the defendants to issue overdue licenses and provide injunctive relief to the cannabis craft grower, infuser and transporter applicants that were expecting licenses to be issued on July 1, under the law, but are now racking…
Congratulations to MOCA-Modern Cannabis for being awarded an adult-use dispensary license to operate at 216 W Ohio St in the River North neighborhood. MOCA’s original dispensary continues to operate in Logan Square at 2847 W. Fullerton as a medical and adult-use dispensary. The IDFPR final approval was granted to MOCA on April 3, following city inspection. HMB congratulates MOCA for…
Two thirds of all states and the District of Columbia have, to varying degrees, legalized cannabis. With the recent addition of Illinois, eleven states now allow adult recreational use. But cannabis entrepreneurs’ rush of excitement and dreams of cashing in is met with fierce competition and economic risks that makes the dreams, which look so dank at first, end up…
Cannabis business attorney David Ruskin was interviewed by Chicago's top legal radio show, Legal Face-Off on WGN Radio. David discussed Illinois' new recreational marijuana law and what it means for individuals and businesses. Listen to the recording on WGN Radio.…
As you undoubtedly know by now, on January 1, 2020, Illinois became the 11th state to legalize the possession and use of adult-use cannabis. The new law, the Cannabis Regulation and Tax Act, 410 ILCS 705, et seq., (the “CRTA”) – all 610 pages of it – establishes the framework of one of the most regulated industries today. More than just laws about personal possession and use, the CRTA includes numerous provisions regarding the new business opportunities in Illinois, including retail operations (dispensaries), cultivation/processing facilities, infusing “kitchens,” and product transportation...
Of course, laws are changing all the time. But with medical marijuana laws being enacted in states around the country at a quick pace, the list of shifting rights and obligations related to the workplace is growing like a weed. Two recent cases highlight wins for Employees and Employers.
You may have already seen the Bloomberg article issued on June 1, 2017 which outlines what many of us have sadly come to know as the ?Diamond? qui tam claims: the ongoing exploitation of the Illinois False Claims Act and abuse of the state and local tax regime by an aggressive lawyer turned whistleblower.
A little good faith can go a long way. Insight can be hard to gain from publicly announced settlements, mostly because litigation is typically settled due to the cost of defense and overall frustration with litigating. But the recently announced settlement of a False Claims Act case in New York, based on state income tax, is an exception.
The Illinois Appellate Court has, once again, determined that there was no "reckless disregard," by a taxpayer under the Illinois False Claims Act ("IFCA"), by failing to pay Illinois use tax on internet and catalog sales made into Illinois. The decision issued by the appellate court on October 17, 2016 in State of Illinois, ex rel, Beeler, Schad and Diamond,…
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