Jennifer Briggs Fisher (“Jen”) is an experienced litigator and focuses her practice on representing businesses and corporate executives in highly-regulated industries. She provides advice on regulatory and compliance issues and has represented corporations and individuals involved in a broad range of complex and high stakes civil, criminal, legislative, and administrative proceedings. She also serves as a team lead for the Duane Morris Cannabis industry group.
Jen has experience working with clients to successfully resolve both criminal and civil matters, including those involving software implementation, RICO, trade secrets, antitrust offenses, tax liability, environmental violations, health care regulations, government contracts and false claims, homeland security and customs enforcement, and food and drug regulations. Jen is recognized as one of Northern California’s Super Lawyers in the area of white-collar criminal defense.
Jen’s background in handling complex matters for companies in highly-regulated markets led to the development of her cannabis practice. Jen regularly works with cannabis companies and ancillary businesses in California to provide compliance advice and solve business problems. She leads the firm’s multidisciplinary cannabis practice, which is comprised of lawyers across the country who are familiar with the industry and have expertise in a wide array of issues attendant to legal cannabis and hemp business activities, including licensing for cultivation, manufacturing, distribution and retail; litigation; banking and finance; raising and deploying capital; protecting intellectual property; real estate development and leasing; public company representation and SEC filings; land use and zoning; healthcare and research; and taxation.
Jen has been recognized for outstanding pro bono service by the United States District Court for the Northern District of California and the Bar Association of San Francisco Volunteer Legal Services Program. Her pro bono practice includes representation of indigent defendants in litigation, advocating for federal prisoners petitioning for clemency, and serving as co-counsel for the Innocence Project as amicus curiae in cases challenging wrongful convictions.
Before becoming a lawyer, Jen was involved in politics and legislative policy-making at the federal level. She worked on Capitol Hill for Congressman Adam Schiff as a Legislative Assistant and was the Deputy Finance Director for Congressman Schiff's first campaign for Congress in 2000. While in Washington, D.C., Jen also worked in the office of Congresswoman Ellen Tauscher.
Ms. Fisher is a graduate of Boston College Law School and a magna cum laude graduate of Boston College. During law school, Ms. Fisher studied at King's College London and worked for a British law reform and human rights organization.
Jennifer Briggs Fisher is a team lead of the Duane Morris Cannabis Industry Group and focuses her practice on representing businesses and corporate executives in highly-regulated industries, including cannabis, hemp and CBD. Jen regularly works with cannabis, hemp companies and ancillary businesses across the country to provide compliance advice and solve business problems. She advises cannabis clients on due diligence and litigation matters and is currently representing a number of vertically-integrated licensed cannabis companies with operations in multiple states. Her primary focus is on the cannabis industry in California and she is well-versed in the complex state and local regulatory landscape in the state.
Jen provides federal and state regulatory advice to companies involved in or pursuing opportunities in the hemp industry, including companies manufacturing and selling hemp-derived CBD products. She also advises on risk assessment issues for large, multinational businesses seeking to enter the cannabis industry.
Jen is one of the leaders of the firm’s multidisciplinary cannabis practice, which is comprised of lawyers across the country who are familiar with the industry and have expertise in a wide array of issues attendant to legal cannabis and hemp business activities, including licensing for cultivation, manufacturing, distribution and retail; litigation; banking and finance; raising and deploying capital; protecting intellectual property; real estate development and leasing; public company representation and SEC filings; land use, construction, and zoning; employment advice and counseling; healthcare and research; and taxation. Jen was honored as Cannabis Attorney of the Year at the 2019 Cannabis Dealmakers Summit.
A frequent presenter, Jen has spoken on industry panels, led continuing legal education courses on cannabis regulations, and has been interviewed by numerous publications about legal developments in this rapidly expanding market. Jen is a regular contributor on the Duane Morris Cannabis Industry Blog.
- Provided advice to large, multinational software company regarding risks and opportunities associated with selling software and software consulting services to cannabis business in the United States and Canada.
- Advised a large, multinational insurance company regarding risks and opportunities associated with offering insurance to cannabis business in jurisdictions in North America and Europe.
- Represented one of the fastest growing health and wellness companies in the United States in a $100 million exclusive global license agreement with a leader in engineering and industrialization of biology. This collaboration will advance biosynthetic cannabinoid production to bring new cannabis products to market to efficiently meet growing and selective consumer demand while ensuring greater supply chain security.
- Served as regulatory counsel for a venture capital firm in its first investment in the cannabis industry, a $35 million Series B funding round for online cannabis inventory and ordering platform.
- Cannabis regulatory counsel for one of the world's largest cannabis companies based in Toronto with its expansion into the U.S. market through a $300 million acquisition of the manufacturer and distributor of a high-end range of hemp-derived cannabidiol (CBD) products.
- Counsel to a licensed California cannabis manufacturer on regulatory compliance, business strategy, banking and intellectual property issues.
- Counsel to multi-state, vertically-integrated cannabis company on regulatory compliance and licensing matters.
- Counsel to Canadian private equity firm in connection with an investment in a vertically-integrated cannabis company in California, including providing advice and due diligence on legal, regulatory, corporate, real estate, and insurance matters.
- Counsel to a U.S.-based software company on regulatory and compliance issues related to providing software and payment processing services to cannabis licensing agencies and state and local governments.
- Counsel to multi-national software company on regulatory and compliance issues related to providing software and support services to licensed cannabis operators in the U.S. and Canada.
- Counsel to multinational commercial and consumer products conglomerate on regulatory and compliance issues related to sales of products to licensed cannabis operators worldwide.
- Counsel to e-commerce company on regulatory and compliance issues related to sales of CBD products on its platform.
- Counsel to president of publicly-held company in investigation by the U.S. Department of Justice and the Securities and Exchange Commission regarding allegations of overbilling and fraud in federally funded program.
- Counsel to officer of major Chinese corporation in U.S. Department of Justice investigation regarding violations of the Economic Espionage Act.
- Counsel to foreign executives of a U.S. corporation in U.S. Department of Justice investigation regarding overseas payments implicating the Foreign Corrupt Practices Act ("FCPA").
- Counsel to international corporations in U.S. Department of Justice, Antitrust Division investigation and parallel multi-district civil litigation regarding alleged price-fixing in liquid crystal display (LCD) market.
- Counsel to executive in investigation by the U.S. Department of Justice, Antitrust Division regarding alleged price-fixing and market manipulation in the international optical-disk drive market.
- Counsel to a real estate investor in a criminal bid-rigging investigation by the U.S. Department of Justice, Antitrust Division of the foreclosure auction markets.
- Counsel to victim of extortion in restitution proceedings under the Mandatory Victims Restitution Act.
- Counsel to executive in investigation by the U.S. Department of Justice regarding failure to report income.
- Counsel to senior manager of customs brokerage firm in a criminal customs fraud investigation by the U.S. Department of Justice and U.S. Department of Homeland Security.
- Counsel to national construction firm in investigation by the U.S. Department of Justice and the Environmental Protection Agency regarding alleged Clean Water Act violations.
- Counsel to numerous employees at biotechnology company in investigation of Food & Drug Act violations by the U.S. Department of Justice and parallel False Claims Act case.
- Counsel to employees and executives at agricultural producer in investigation of Food & Drug Act violations by the U.S. Department of Justice.
- Counsel to a nursing and rehabilitation center in a qui tam action brought under the civil False Claims Act ("FCA").
- Counsel to individual in civil RICO litigation involving allegations of a wine theft conspiracy in Napa, California.
- Counsel to technology company in false claims litigation involving alleged government contracting abuses.
- Counsel to software company in lawsuit by California Office of the State Controller concerning the failed implementation of software.
- Counsel to U.S. subsidiary of international corporation in civil RICO litigation brought by municipality. County of Marin v. Deloitte Consulting LLP, 836 F.Supp.2d 1030 (N.D. Cal. 2011)
- Counsel to digital rights management company in fraud litigation brought by international corporation. Micromedia B.V. v. ByteShield, Inc., 2011 WL 5573345 (N.D. Cal. 2011)
- Counsel to world's largest air cargo developer in lawsuit against the City and County of San Francisco arising from planned quarter-billion dollar air cargo facility at SFO, resulting in a unanimous jury verdict.
- U.S. District Court for the Northern District of California
- U.S. District Court for the Eastern District of California
- U.S. District Court for the Southern District of California
- U.S. District Court for the Central District of California
- U.S. Court of Appeals for the Ninth Circuit
- Boston College Law School, J.D., 2005
- Boston College, B.A., magna cum laude, 1999
- Duane Morris LLP
- Partner, 2015-present
- Associate, 2006-2014
- Hancock Rothert & Bunshoft LLP
- Associate, 2005
American Bar Association
Women's White Collar Defense Association - Programming Committee Member
- State Bar of California
Bar Association of San Francisco - Cannabis Law Committee
Honors and Awards
Cannabis Attorney of the Year, Cannabis Dealmakers Summit, 2019
Listed in Super Lawyers Northern California, 2018
- Listed in Super Lawyers Northern California Rising Stars, 2013-2016
- Quoted, "Underbanked Cannabis Industry Struggles to Finance Double-digit Growth, Leaving Business Owners Empty-handed," CNBC, October 1, 2019
Contributor, Duane Morris Cannabis Industry Blog
Featured, "In-House Cannabis Lawyers Should Help Shape Company Advertising Policies," Corporate Counsel, August 8, 2019
Quoted, "Attorneys: CBD Concentration, Supply Chains Will Be Questioned by FDA During April Public Comments," Corporate Counsel, March 22, 2019
Quoted, "Duane Morris Cannabis Group Adds Team Leads In NY, SF," Law 360, January 18, 2019
Featured, "Meet the Duane Morris Lawyers Who Are Working on Some of the Biggest Deals in the Booming Marijuana Industry," Business Insider, January 9, 2019
Co-author, "California Releases Emergency Cannabis Regulations," Cannabis Industry Blog, November 18, 2017
- Co-author, "Dodd-Frank Act Update: SEC Proposes Rules Applicable to Investment Advisers," Duane Morris Alert, December 6, 2010
- Co-author, "U.S. Financial Reform: Registration of Advisors to Private Investment Funds and Pools, and of Small Advisory Firms," Duane Morris Alert, August 24, 2010
- Co-author, "E-Discovery's Foreign Intrigue," San Francisco Daily Journal, March 24, 2009
Selected Speaking Engagements
- Presenter, "Cannabis 205: What Big Global Companies Should Know About Entering the Cannabis Space," Duane Morris Cannabis Webinar Series, October 15, 2019
Speaker, "What To Do If I Get an Enforcement Action From an Agency?" Avantpay|19, Washington, D.C., October 1, 2019
Speaker, "Navigating the US Regulatory, Compliance & Tax Landscape," Cannabis Business Summit and Expo, San Jose, California, July 23, 2019
Panelist, "Pay No Attention to the Man Behind the Curtain:
Addressing Prosecutions Driven by Hidden Actors," National Association of Criminal Defense Lawyers, West Coast White Collar Conference, June 20, 2019
Panelist, "Cannabis Compliance, Regulation and Taxation," Cannabis Dealmakers Summit, San Diego, April 18, 2019
Speaker, "Legal and Financial Regulations on the Cannabis Industry," Lawline Webinar, April 5, 2019
Speaker, "#MeToo in the Legal Profession: Harassment, Power Dynamics and Solutions," Duane Morris Women’s Impact Network for Success, San Francisco, CA, February 20, 2019
Moderator, “Cannabis 107: The U.S. and Canadian Cannabis Markets: 2018 Mid-Year Review,” Duane Morris Cannabis Webinar Series, July 24, 2018
Speaker, "How to Get Your Cannabis Business Permit in San Francisco," Bay Area Women Grow Signature Networking Event, Duane Morris LLP, San Francisco, March 8, 2018
Presenter, "Cannabis 101: Update on the Federal Enforcement & State Regulatory Environment," Duane Morris Cannabis Webinar Series, January 29, 2018 (video replay)
- Speaker, "Proper Litigation Hold Process," ESI Roundtable Half-Day Workshop, Duane Morris, San Francisco, October 27, 2016
- Panelist, Associate Business Development, Duane Morris Annual Retreat, Boca Raton, Florida, October 2014
- Panelist, White Collar Criminal Law Practice, Duane Morris Annual Retreat, Boca Raton, Florida, October 2012
- Speaker, "Internal Investigations: A Step-by-Step Approach," Duane Morris, San Francisco, July 18, 2012