Eric Kirkland represents companies in the rapid growing cannabis industry as well as the emerging technology and life science spaces.
Eric Kirkland represents some of the leading cannabis companies in the United States as well as upstarts in states that have recently passed laws legalizing cannabis for medical and or recreational use.
• Representing companies through private financing including equity capital, convertible debt, secured asset-based lending, and junior and senior security interest financing secured by real estate.
•high-tech, biotechnology, and medical device companies in strategic vendor/customer alliances, investment capital partnerships as well as general business issues.
• Advising companies on a broad range of employment tax issues including company equity plans, ISO & NSO Options, RSUs, Stock, Capital & Profit Interests Grants, 83(b) Elections and 409(a) Valuations.
• Comprehensive representation of cannabis clients including IRS Section 280E tax strategies and state regulatory compliance.
* Structuring Section 368 tax-free reorganizations and Section 351 tax-free mergers.
* Draft operating agreements, advise on the tax implications of a broad variety of partnership tax issues from special allocations and capital account step-ups under Section 704-1(b), to property distributions and allocations under Section 704(c), to income and expense recognition under Sections 703 and 705.
* Structure and Draft cross-border transactions including strategies to reduce taxes, reduce foreign currency risks, secure IP rights, and strengthen enforceability of a foreign defendant breach.
* Drafting Reg D private placement offerings, rescission offers, and file disclosure statements with the SEC and state securities departments.
* Intellectual property defense and prosecution, US Customs seizures defense, DMCA strategies, and preparing trademark applications.
* Federal and state court business litigation.
Mr. Kirkland has taught business law classes at the UCLA MBA program as well as given lectures to Fortune 500 companies and small business audiences on issues ranging from international taxation of cross-border transactions, US Customs issues including the Lever Rule, to preparing emerging companies for venture funding and disposition.
Mr. Kirkland graduated from David Lipscomb University in Nashville Tennessee with a Bachelor of Science in Accounting and from Pepperdine School of Law in 1990. Mr. Kirkland was the winner of the Best Petitioners Brief and overall winner of the Vincent Dalismer Moot Court Competition before Supreme Court Justice Byron White and Chief Justice of the California Supreme Court Malcolm Lucas that was televised many times on C-Span. Mr. Kirkland was also a Simi-Finalist of the Fall Individual Advocacy Tournament, recipient of two American Jurisprudence Awards and received the highest grade in his first-year research and writing class. Mr. Kirkland was also elected Treasurer of the student body of his law school class. While in College, Mr. Kirkland was a bodybuilding enthusiast winning nine titles including the Collegiate USA Bodybuilding Championships in 1986.
Admissions and Professional Memberships
Mr. Kirkland is admitted to practice in the state of California, the Federal 9th Circuit and is a member of the California Bar Association.