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Patrick J. Hines

Partner

Patrick focuses his practice on business litigation and insurance defense matters. He has extensive experience defending catastrophic construction accident, products liability, car accident, and toxic exposure claims — including environmental mass tort litigation. Patrick also handles a variety of business tort, contract, and intellectual property litigation matters, including copyright and trademark disputes, trade secret claims, and confidentiality agreements.

In addition to his litigation practice, Patrick is the leader of the Hodgson Russ Cannabis & Hemp practice group. In that role, he advises clients operating in and interacting with the cannabis and hemp industries – including those starting businesses as well as established MSO’s. Patrick counsels clients on a range of issues affecting the cultivation, processing, distribution, and sale of cannabis and hemp products. He provides counsel to businesses seeking licenses to operate within the industry, as well as clients seeking to do business with the cannabis industry, with a focus on regulatory compliance and risk minimization. Patrick has also assisted clients in litigation matters stemming from business ventures in the hemp and cannabis industry.

Disclaimer: Possession, use, distribution, and sale of cannabis and cannabis products is illegal under federal law. No legal advice Hodgson Russ gives is intended to provide any guidance or assistance in violating federal law.

Education

University at Buffalo, B.A., magna cum laude

University of Notre Dame Law School, J.D., magna cum laude

Admissions

  • New York
  • United States Court of Appeals for the Federal Circuit
  • United States Court of Appeals for the Second Circuit
  • United States District Court – Western District of New York
  • United States District Court – Southern District of New York

Recognitions

  • Listed, Upstate New York Super Lawyers (Business Litigation) 2023
  • Listed, Best Lawyers in America Ones to Watch, (Commercial Litigation, Personal Injury Litigation - Defendants) 2022 - 2024
  • Listed, Upstate New York Super Lawyers Rising Stars (Business Litigation) 2015 - 2022
  • Former notes and submissions editor, Notre Dame Law Review
  • William T. Kirby Award for excellence in brief writing, Notre Dame Law School

News & Insights

Civic

  • Chair, Board of Directors: Neglia Ballet Artists (2019)

Professional

  • New York State Bar Association
  • Bar Association of Erie County
  • Defense Research Institute
  • Member, New York State Bar Association, Committee on Cannabis Law

Multimedia & Podcasts

  • Legal challenges for cannabis industry continue (podcast)

    Legal challenges for cannabis industry continue (podcast)

    As a partner who leads the cannabis and hemp group at law firm Hodgson Russ LLP, Patrick Hines is often approached at cocktail parties with questions about all the cannabis shops popping up. There’s a widespread belief they must be legal or they’d be shut down. However, that’s not necessarily true, he says. Hines dives into this hot topic with Buffalo Business First Publisher John Tebeau, in the latest episode of the Thought Leaders in Law and Business podcast, presented by Hodgson Russ and The Business Journals.

    “They don't want to put people in jail for cannabis, but they've got to be able to enforce the law,” Hines says. “Right now, the law says, if you're going to sell commercial cannabis to people, it needs to be regulated and you need to have a license. A lot of people are saying, ‘Well, I'm just going to do what I'm going to do.’ And that puts a lot of competition into the marketplace.”

    Listen to this episode to learn about the legal issues businesses need to pay attention to if they’re interested in doing any kind of business in this space.

  • Expert weighs in on key cannabis litigation to watch and the future of the industry (podcast)

    Expert weighs in on key cannabis litigation to watch and the future of the industry (podcast)

    Cannabis is a hot topic across the nation as states continue to roll out the regulatory landscape for recreational programs. The litigation going on in New York will likely impact the entire cannabis industry, according to Patrick Hines, partner and leader of the cannabis and hemp group at Hodgson Russ LLP. So far, the licensing process has been complicated with many starts and stops.

    In this episode of the Thought Leaders in Law and Business podcast, presented by Hodgson Russ and The Business Journals, Buffalo Business First Publisher John Tebeau interviews Hines on where cannabis stands in New York, how the state got where it is today and the recent progress they’ve made.

    Hines knows first-hand how complex complying with these regulations can be. He advises clients on a range of issues affecting the cultivation, processing, distribution and sale of cannabis and hemp products. Hines provides counsel to businesses seeking to operate or do any kind of business in the cannabis industry.

    “All hemp is cannabis, but not all cannabis is hemp,” Hines said. “Hemp is not defined necessarily by being a separate species of plants. It's defined in the law by how much THC it has in it, specifically Delta-9 — tetrahydrocannabinol. If that's 0.3% or lower by dry weight, then it's hemp. If it's higher, then legally it's non-hemp cannabis and would still be a controlled substance as far as the federal government's concerned.”

    Listen to this episode to learn more about:

    Why it’s been difficult to create regulations around commercial production and cannabis sales since the Marijuana Regulation and Taxation Act (MRTA) was passed in New York in 2021.The different types of licenses that have been issued so far and why they’re limited.Key litigation to watch, including allegations the Conditional Adult Use Retail Dispensary (CAURD) program is unconstitutional.The chances the federal government will legalize cannabis.How the Farm Bill presents an opportunity to further liberalize cannabis regulations in 2023.

Thought Leaders in Law and Business Podcast
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Patrick J. Hines / News & Insights