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The Shadows Are on the Run: Global Icon Aon Adds Its Heft and Stature to the Legitimization of the Cannabis Industry

Blog Post

Following the money and providing a huge push out of the shadows and into the mainstream, Aon, a global firm whose 50,000 employees in 120 countries provide professional and risk management services, has made a broadly based move into supporting the US cannabis industry.

Aon’s move follows hard on the heels of the publicly announced entry into the cannabis markets of First Citizens Bank, the nation’s 19th largest, reflecting the increasing momentum thrusting the cannabis industry into the mainstream. Aon’s move could pave the way for others from the institutional universe, further enhancing the resources available to the industry. It may also add to the cumulation of forces inexorably propelling and impelling (nuanced difference; look it up) it to some form of federal legalization.

We’ve been told that Aon is planning an invitation-only kickoff event around the time of the Benzinga Capital Conference in Chicago in October. Aon has also graciously agreed to co-host an event for the Institutional Cannabis Lending Community (ICLC) the afternoon before the Conference begins, during which time Aon will share with the ICLC’s Participants, on an exclusive basis, its thinking and contemplated product/service suite custom-designed for cannabis businesses. This should also afford Aon the opportunity to benefit from the singularly broad range of the collective industry intelligence, experience, expertise, and contacts accessible among ICLC Participants.

Following its organization less than 18 months ago, the mission of the ICLC is to drive deal flow for and among our institutional Participants and provide ongoing forums for evolving best practices in a rapidly changing landscape. With the announcement in April of three additional Participants, ICLC membership is approaching 30. 

Although the identities of the ICLC’s bank Participants remain confidential, except for First Citizens which authorized its identification, the ICLC’s membership includes a cross-section of geographically dispersed banks ranging in size from single-state community banks up to First Citizens, with discussions about joining currently in process with several other top 50 banks. Additionally, ICLC Participants include: Safe Harbor Financial, a direct lender to the cannabis industry and a conduit for credit union lenders, which reports it has processed more than $12 billion in cannabis-related funds into the financial system; Shield Compliance, a premier provider of cannabis compliance services to about 70 financial institution clients: four major cannabis funds, Altmore, Chicago Atlantic, Rainbow Realty and Silver Spike; specialty lenders, such as Cencor Capital which includes cannabis equipment finance as a core offering; family office and other advisors; and an eclectic mix of others participating in the capital stack and financial services eco-system.

For information about ICLC participation, or how our Participants’ capabilities may be accretive to your businesses, please contact Phoenix Managing Partner Stephen Lenn at salenn@bmdllc.com or Member Brandon Pauley at btpauley@bmdllc.com.


Duty to Preserve ESI: The Stakes Just Got Higher

A recent federal court decision highlights the potentially severe consequences for companies that do not take the proper steps to preserve electronically stored information (“ESI”) in anticipation of or in connection with litigation.

Affordable Care Act Nondiscrimination Final Rule

On May 13, 2016, the U.S. Department of Health and Human Services (“HHS”) issued a final rule implementing Section 1557 of the Affordable Care Act (“Section 1557”) protecting individuals from discrimination in health care on the basis of race, color, national origin, age, disability, and sex, including discrimination based on pregnancy, gender identity, and sex stereotyping (the “Rule”).

It Is Time To Update Your Compliance Plans

In 1997, the Office of the Inspector General (“OIG”) began to actively promote that health care providers adopt written compliance plans to assist providers to follow government rules and regulations regarding health care.

HIPAA Compliance Update

HIPAA compliance has been a part of the regulatory landscape of healthcare since the privacy rules became effective in 2003. Since that time, most providers have taken steps to develop their compliance plans, including distributing notices of privacy practices, obtaining authorizations for release of information as needed, and obtaining business associate agreements from third parties.

Bar Bulletin: Young lawyers, it’s never too early to start building your future

Regardless of whether you are just out of law school or an attorney who has been practicing for five years, you can start taking steps toward building your future as a well-rounded lawyer.