Protecting Employers from Legal Challenges

The marijuana industry is complex and continually evolving. While Alaska’s industry is growing daily, the commercial marijuana industry remains federally unlawful, creating a myriad of legal challenges that every industry participant must navigate. As this industry develops in Alaska, there is an increasing need for experienced legal counsel to assist with cannabis-related business and regulatory matters.

The attorneys in Birch Horton Bittner & Cherot’s marijuana law and regulation group combine marijuana industry–specific knowledge with a deep understanding of business law and regulatory compliance. We provide our clients with an unparalleled comprehensive set of services.

In addition to marijuana law and policy, our attorneys have backgrounds in business development, real estate, land use, municipal governance, constitutional law, banking, corporate finance, criminal law, issue advocacy and political campaigns. Birch Horton Bittner & Cherot attorneys can work with private marijuana industry clients on business development and formation, license applications, contract negotiations, commercial real estate transactions and compliance with state and local regulations. We also advise government entities on state and federal marijuana law and help them craft their own local regulations and policies.

For marijuana businesses and marijuana-related businesses, we offer the following:

• Business consultation
• State applications for marijuana establishment licenses
• Local government applications for marijuana licenses and permits
• Administrative hearings and procedures
• Regulatory compliance
• Corporate formation and structuring
• Contracts
• Commercial transactions
• Labor and employment
• Products liability and personal injury
• Real estate and land use
• Intellectual property
• Dispute resolution
• Litigation

We also offer the following legal services for governments involved in regulating the marijuana industry:

• Advising local officials on state and federal statutes, regulations and policies
• Drafting local ordinances
• Drafting state legislation and regulations
• Public policy analysis

As one of Alaska’s largest and most experienced law firms, Birch Horton Bittner & Cherot is uniquely positioned to provide legal services related to the marijuana industry. We believe a firm that can provide comprehensive guidance can best serve participants in this industry.

Few areas of law are as dynamic or require as much balance between practical and legal considerations as labor and employment law. Each day, BHBC fields calls from organizations seeking creative solutions to potential disputes before they mature into formal claims or full-fledged litigation. If litigation becomes necessary, we are ready. BHBC attorneys take a coordinated team approach to representing clients in state and federal court and in administrative proceedings before the Alaska State Commission for Human Rights, Office of Administrative Hearings, the US and Alaska Departments of Labor, the Equal Employment Opportunity Commission, the Alaska Labor Relations Agency, and the National Labor Relations Board.

Recognizing that employment relations have a material and day-to-day impact on business operations, we assist clients in planning and implementing successful employment strategies from pre-hire matters to termination and provide support for clients in disputes. As new technology and a trend toward increased privacy rights and expansive job protections continue to re-shape the workplace, our experienced attorneys routinely help clients navigate this ever-changing and complex environment.

Generally, BHBC represents employers, both public and private, in actions brought by individual employees or groups of employees. However, we’ve also represented a select number of plaintiffs. Experience from both sides of the table have provided our attorneys with key practice insights and, most notably, a perspective on relevant issues that other firms may lack.

We provide counseling in nearly all traditional labor and employment fields, including:

• Risk management
• Labor organization and collective bargaining
• Discrimination and harassment complaints
• Workplace investigations
• Social media and online communications
• Alcohol and drug testing
• Marijuana and prescription drug use
• Policies and procedures
• Wrongful termination and constructive discharge
• Breach of contract
• Restrictive covenants
• Wage and hour
• Reductions in force
• Employment contracts and compensation
• Labor grievances and arbitrations
• Disability and family leave
• Manager and supervisor training

Widely recognized as experts in their field, BHBC attorneys often serve as featured speakers at seminars conducted by national organizations on a broad range of labor and employment topics. We closely monitor current court decisions and regulatory and legislative developments that affect the rapidly changing field of employment law.

The health care industry is very unique – what works in other industries may not work for a health care practice. This includes employment relationships, where there is no such thing as a “standard employment agreement.” Birch Horton Bittner & Cherot attorneys have the background and experience needed to address the specialized needs of medical practices and health care providers. The services we provide include negotiating and drafting agreements and advocating for clients in the resolution or litigation of employment disputes that include issues such as restrictive covenants, licensing and privileges, ethical practices, reporting requirements, structured compensation plans and compliance with reimbursement regulations and policies.

We have represented health care industry clients in state and federal courts, administrative proceedings and arbitration in a wide variety of complex civil litigation matters involving employment practices in the health care industry.