Shamus Flynn and Daniel Giudici, partners of Flynn Giudici Law Firm, are Nevada business lawyers specializing in cannabis law. Their deep understanding of cannabis laws, rules, and regulations allows them to provide licensing assistance, compliance advice, regulatory support, tax consulting, and more. I recently had the opportunity to sit down with them to discuss their […]
Shamus Flynn and Daniel Giudici, partners of Flynn Giudici Law Firm, are Nevada business lawyers specializing in cannabis law. Their deep understanding of cannabis laws, rules, and regulations allows them to provide licensing assistance, compliance advice, regulatory support, tax consulting, and more. I recently had the opportunity to sit down with them to discuss their practice and the work they are doing within the cannabis space.
Stephanie Shehan: Where in Nevada are you guys based?
Daniel Giudici: We are based in Reno, Nevada but we serve clients throughout Nevada. Shamus is also licensed to practice in California.
SS: What is your specialty?
DG: We are a full-service business law firm that helps entrepreneurs, businesses, and individuals navigate corporate, regulatory, administrative, and tax law. We also handle business litigation matters. A significant portion of our work consists of assisting and counseling cannabis clients.
SS: Tell us about your team.
DG: Flynn Giudici is a team built with unique, varied backgrounds in both the public and private sectors. Our lawyers’ blend of cannabis, business, administrative, and tax law experience equips us with the tools to help businesses thrive. Prior to co-founding Flynn Giudici, Shamus served as an attorney at Baker Botts- a leading global law firm. While there, his practice focused on complex regulatory matters involving environmental, energy, land use, mining, infrastructure development, sensitive business concerns, and appeals. Drawing on his experience as a former judicial law clerk to the Honorable Johnnie B. Rawlinson of the United States Court of Appeals for the Ninth Circuit, Shamus has a deep understanding of the federal courts and administrative and appellate law. By leveraging his litigation and transactional experience, Shamus helps clients navigate complex regulatory and commercial concerns; employment disputes; environmental, land use, and energy matters; general tax issues and controversies; and appeals. As a notable lawyer in the emerging cannabis industry, clients turn to Shamus as a trusted advisor to assist in acquiring and transferring licenses, drafting and negotiating contracts and agreements, and navigating the dizzying cannabis compliance rules and regulations. And given his tax background, Shamus boasts an acute understanding of section 280E and the challenges associated with it.
I have a unique blend of experience from both the public and private sectors. I have worked in multiple arenas, from the Capitol in Washington D.C. to flower rooms in Nevada cannabis operations. I also counsel businesses and entrepreneurs, helping guide them from entry-to-exit, whether it be starting a business, dealing with regulators, selling a company, and anything in between. As a trusted cannabis advisor, I possess vast administrative and operational experience in all legal cannabis operations. As a thought leader in the cannabis industry, I routinely publish articles analyzing important cannabis-related issues, especially those that touch on tax concerns such as section 280E. My experience and unique skill set also extend to administrative law, startup and business matters, construction, and estate planning.
SS: Why cannabis law? And, what does that type of law consist of?
DG: It’s a new and developing industry with complex rules and regulations. The industry is lacking professionals that are familiar with cannabis and the needs of cannabis businesses. The law is multifaceted and serves as an intersection to criminal, business, and administrative law.
SS: What services do you offer cannabis businesses?
DG: We are a full-service cannabis law firm. Our tailored cannabis service include: Compliance Advice, Licensing Assistance, Transaction Services, Regulatory Support, Tax Consulting, and Litigation/Dispute Resolution.
SS: What are the biggest legal issues facing cannabis businesses right now?
DG: The biggest issues are access to capital, and not being able to take typical business expenses under section 280E.
SS: What laws would you like to see changed?
DG: Not surprisingly, removing cannabis from the DEA’s controlled substance Schedule 1 would be a game changer. With the Biden administration starting to gain its sea legs, coupled with a new attorney general in place and the fact that it appears there is at least some appetite in congress to legalize cannabis at the federal level, the next 12-18 months will be incredibly interesting to observe.
SS: What advice would you give to cannabis businesses seeking a business attorney?
DG: Given the stringent regulations that govern the cannabis industry, it’s critical that cannabis businesses and operators retain a lawyer that has a background not only in business and cannabis law, but in regulatory and administrative law more broadly. At its core, cannabis law—much like gaming law— is a creature of administrative law. What’s more, cannabis law, unsurprisingly, has significant overlap with government affairs and politics, so finding an attorney that can deftly navigate business and administrative law and can grasp the political dynamics at play is massive.
For more information, visit flynngiudici.com. To contact the firm via phone, call 775-200-9682. Emails can be sent to: Shamus Flynn at email@example.com or to Daniel Giudici at firstname.lastname@example.org.