Lauren Rudick, Managing Principal of Rudick Law Group – Interview Series

Given how young and troubled the New York cannabis industry still is, the state’s cannabis businesses sometimes need to consult with a distinguished legal professional, which is totally understandable. One such attorney who offers not only a vast array of legal services but also navigation through laws and regulations that are oftentimes convoluted yet still detrimental is Lauren Rudick, Managing Principal of Rudick Law Group.

What first got you interested in studying law, and what did you study during your undergrad? How did you make the educational transition from music over to law and what was that juxtaposition like?

I came to law through music; I was a talented performer (violin and piano) and composer, but not good enough to go pro, and was studying Music and Management (an interdepartmental major that I created at Bucknell University). As my “capstone project,” I brought the Bucknell Performing Arts Center online, made it possible for prospective viewers to learn about upcoming performances and buy tickets online, and in turn, I learned about many of the legal issues facing the music industry in the digital age (right around the “Napster” case). Entertainment law felt like a way to stay in the industry and close to musicians. I actually did quite well in law school, to my own surprise, as I was never a strong academic student. I soon learned that musicians tend to do well in law school, as they do not question the law, in the same way they do not question music as written. I understand that other types of majors struggle in law school, as they tend to ask too many “why’s” as opposed to applying the law as written. So, the transition felt relatively natural.

What made you decide on attending the New York Law Schoo,l and what particular fields of law or legal subjects caught your interest while in law school?

They gave me a scholarship; my cousin was an alum; and it is located in Tribeca, NY, which is a fabulous area within which to be a student. I focused on Constitutional Law, Appellate Advocacy and Moot Court (at which I won multiple competitions for Oral Advocacy), IP matters, Media, and Corporate (Securities, etc.).

Before becoming a specialist in the new but not nearly as historically litigated field of cannabis law, what type of law did you practice and what were your
regular duties in those roles?

I was a commercial litigator; in and out of mostly State (and sometimes Federal) court, on a regular basis. My days consisted of court appearances, writing legal briefs, and corresponding with clients and adverse attorneys/parties. It was extremely adversarial, deadline driven, and I was dealing with people who were frequently having their worst days/stretches of business operations, so I was required to absorb their stress.

Prior to cannabis becoming legal in 2022, how was cannabis-related litigation handled by both New York attorneys and judges alike? How was litigation different
when cannabis was only medically legal in New York as opposed to recreationally legal?

There are still judges that won’t touch a cannabis case, as a matter of public policy (PPHC ); or they won’t enforce a cannabis contract; or they will judge the litigants themselves, as opposed to the case itself. We typically recommend that our clients utilize arbitration and other forms of alternative dispute resolution, so that the fight remains between the litigants and not with the court or judge, too. I do not know of any differences between med/adult-use worlds, as I did not face any.

What led to the creation of Rudick Law Group, and why did you decide to start your own law firm?

My former business partner and I did not agree on strategies for growth of the practice, nor did I feel that I had the support to grow and thrive or mentor other attorneys who were looking to me for leadership. I needed to take control of the business, establish my own goals, and create a pathway to get there.

What services does Rudick Law Group offer its clients, and what are the most common legal/litigation-related issues that your cannabis business clients regularly face?

We generally offer fractional General Counsel services, alternative dispute resolution (mediation and arbitration), and litigation support to litigation law firms. Legal disputes are generally regulatory in nature (disputes against the applicable regulatory agency over licensing determinations) or business/partnership driven (breach of contract, breach of fiduciary duty, minority suppression, fraud).

As an attorney who represents cannabis businesses, how would you describe your and your clients’ overall experience of interacting with the New York State Office
of Cannabis Management? Are they supportive of the New York cannabis industry expanding or not so much?

It’s no secret that interacting with the NYS OCM is challenging and frustrating, mostly because the staff lacks necessary support to implement proper systems and procedures. They need a tech overhaul in order to keep up with licensing requests and issues; and in the meantime, requests are largely ignored or stalled, while cash continues to burn. But I do believe that OCM staffers care deeply about licensees and are fiercely protective over NY’s program.

With the American cannabis industry as a whole and certainly the New York cannabis industry being considered tumultuous sometimes, how does Rudick Law Group
keep their promise of “empowering their clients to embrace innovation”?

We positively reinforce all efforts sounding in resourcefulness, adaptability, and flexibility, and do our best to “get into the trenches” with our clients, as a valued team member, as opposed to a fee for service.

From your experience, what are some advantages that the New York cannabis industry has over its neighboring states with legal cannabis? Obviously, I would
imagine tourism would be a major advantage, but what other present advantages are there?

The 3oz possession limit and ability to smoke wherever cigarettes are lawful present tremendous advantages, from a social justice perspective and use/enjoyment.

If a federal rescheduling of Schedule I to Schedule III were to eventually occur, how would that change your regular duties as a cannabis attorney and the greater New York cannabis industry as a whole?

The cannabis industry would be thrown into upheaval, with multiple and varying levels of regulation and law. I imagine that we’d educate ourselves by staying on the front lines of new law, regulation, and guidance, and assist our clients to work new components of regulatory compliance into their business plans. A shift like this could destabilize a business without proper strategic planning, so I imagine we would get even busier than we are now. We’d prioritize and endeavor to execute on any/all opportunities to participate in interstate commerce and traditional banking opportunities.

Thank you for joining us, Lauren! For more information on Rudick Law Group, please visit its website.