About
Sean Clancy is an attorney at Emerge Law Group. Sean’s practice focuses on business and intellectual property ("IP").
As outside IP counsel for a variety of innovative industries including state-licensed cannabis, psychedelics, entertainment media, design, consumer products, food, beverages, hospitality, professional services, software, and new technology, Sean advises on state and federal trademark rights, copyrights, publicity, privacy, trade secrets, confidentiality and non-disclosure agreements, and licensing agreements.
As general business and corporate counsel, Sean negotiates, prepares legal documents, and advises on strategic relationships spanning from entity formation and ordinary business to complex transactions and disputes.
Sean was also part of the small team of Emerge Law Group attorneys that researched and drafted Oregon’s Psilocybin Services Act or “Measure 109,” the nation’s first state-legal program for supervised adult use psilocybin.
Before joining Emerge Law Group Sean ran his own law firm and contracted for other law firms, counseling on specialized business and IP issues. Before that, he worked at the business, entertainment, and IP boutique firm Day & Koch LLP. His earlier experience includes clerking for the Consul Group, the Small Business Legal Clinic, the Lewis & Clark Legal Clinic, and serving as judicial extern for Chief Judge Ann Aiken in the United States District Court of Oregon.
Sean served on the Executive Committee for the Oregon State Bar Intellectual Property Section and as the Treasurer for Oregon Volunteer Lawyers for the Arts.
REPRESENTATIVE WORK
Intellectual Property
Developed and implemented ongoing trademark, copyright, and other IP protection strategies for highly regulated multistate operators selling functional mushrooms, cannabis edibles, oils, ancillary items, and cannabis retail services, including state and federal strategies.
Prepared B2B and B2C licenses, contracts, terms & conditions, and privacy policies for multistate technology company offering point-of-sale and inventory tracking software.
Continued representation of internationally touring rock band in connection with band operating agreements, recording agreements, trademarks, copyrights, and disputes with departing musicians.
Strategic trademark and other legal affairs initiatives on behalf of international cosmetics brand including international product warranty and refund policies, distributor agreements, and removal of gray market sellers from Amazon marketplace.
Prepared package of confidentiality, intellectual property, and non-solicit agreements for growing design firm; presented educational seminar for employees regarding revised intellectual property and social media policies.
Represented commercial educational services and human resources training company in connection with website development, video content licensing, and acquisition of proprietary curriculum materials.
Business
Represent local residential design-build construction contractor in connection with contracts, client disputes, subcontractor disputes, and operating agreement negotiations with new partner.
Counsel to large annual food and wine festival in connection with guest agreements, liability waivers, employment issues, intellectual property, and consumer data privacy issues.
Devised a suite of standard contracts for coworking space including space use agreements and venue rental agreements for events.
Advised and assisted nonprofit in connection with organizational matters, operations, and applying for 501(c)(3) status; prepared fiscal sponsorship agreement on behalf of nonprofit to fund third party projects fitting within the nonprofit’s mission statement.
Represent psilocybin service center in connection with entity formation, operating agreements, commercial lease, termination agreements for outgoing partners, client waivers and releases, and ongoing regulatory compliance issues.
Developed standard terms and conditions for camper van rental company.
Represented entrepreneur in connection with business formation, commercial leases, conditional use application and land use hearing, regulatory licensing, City of Portland licensing, contractor agreements, partnership dispute, employment dispute, and the ultimate sale of the marijuana production business.
EDUCATION
Lewis & Clark Law School - J.D., cum laude; Cornelius Honor Society; Lewis & Clark Law Review; Keller Law & Entrepreneurship Scholar
University of Washington - B.A. (Philosophy), cum laude with Department and College Honors; Phi Beta Kappa
PUBLICATIONS AND PRESS
The Hopkins-Oxford Psychedelics Ethics (HOPE) Working Group Consensus Statement, American Journal of Bioethics, co-author (2024)
Once a Pioneer in Cannabis, Oregon Blazes a Trail in Psychedelics, Psychedelia Magazine, Vol. 1, Issue 1, featured (2021)
It’s Never a Bad Idea to Be a Good Neighbor, The Portland Mercury, Ask a Pot Lawyer (2017)
Cannabis in California Is About to Be a Big Deal, The Portland Mercury, Ask a Pot Lawyer (2017)
Federal Enforcement and the Congressional Cannabis Caucus, The Portland Mercury, Ask a Pot Lawyer (2017)
Is It Illegal to Be High in Public?,The Portland Mercury, Ask a Pot Lawyer (2017)
No, You Still Can’t Smoke Weed in Public, The Portland Mercury, Ask a Pot Lawyer (2017)
Intellectual Property in the Age of Cannabis, Oregon Leaf, featured (2017)
The Visual Artists Rights Act (VARA), In Defense of Art - Oregon Volunteer Lawyers for the Arts Blog, co-author (2016)
Fine Art Consignments: What to Know When Selling ‘Fine Art’ in Oregon, In Defense of Art - Oregon Volunteer Lawyers for the Arts Blog (2016)
Copyright and ‘Termination of Transfer’ Win for Victor Willis, the Cop from the Village People and Co-Writer of Y.M.C.A., In Defense of Art - Oregon Volunteer Lawyers for the Arts Blog, co-author (2015)
Are your paintbrushes deductible? In Defense of Art - Oregon Volunteer Lawyers for the Arts Blog, co-author (2014)
Branded Bud or Generic Ganja? Trademarks for Marijuana in Washington, 18 Lewis & Clark Law Review 4 (2014)
Introducing Oregon Volunteer Lawyers for the Arts, The Advocate Alumni Magazine (October 2013)
PRESENTATIONS AND SPEAKING ENGAGEMENTS
“Oregon Psilocybin Services Updates,” Hopkins-Oxford Psychedelics Ethics (HOPE) Summit, Johns-Hopkins University, Washington DC (2024)
“The Oregon Consumer Privacy Act CLE,” National Business Institute (NBI) (2024)
“Legal Affairs for Licensees,” Psilocybin Assisted Therapy Association (PATA) (2024)
“Legal Affairs Primer for Facilitators Under the Oregon Psilocybin Services Act,” Clinical Cognitive Facilitator Training (2024)
“Legal Affairs for Psilocybin Facilitators,” Changa Institute Facilitator Training Program (2023-24)
“The Oregon Model,” Hub at Oxford for Psychedelic Ethics (HOPE), University of Oxford, England (2023)
“Oregon’s Psilocybin Services Program Updates CLE,” Oregon State Bar – Cannabis and Psychedelics Bar Section 2023 Conference, Cannon Beach, Oregon (2023)
“Intellectual Property, Data, and Privacy Issues Under the Oregon Psilocybin Services Act,” “Oregon Psilocybin Legal Crash Course,” PsyCon Psychedelic Convention, Portland (2023)
“Cannabis Law and Policy,” Guest Lecturer, Willamette Law School (2023)
“Psychedelic IP: Promoting innovation and ethically protecting IP in the psychedelics space,” Psychedelic Law Summit presented by Inside Practice and the Psychedelic Bar Association CLE (2022)
“Deep Dive Into the Oregon Psilocybin Services Act,” Emerge Law Group Webinars (2022)
“Marijuana Business Law in Oregon CLE,” National Business Institute (2022)
“Competitive Edges: Intellectual Property 101 for Cannabis Businesses and Brand Protection Basics,” Emerge Law Group Webinar (2022)
“Intellectual Property in Psychedelics & Oregon’s Psilocybin Services Act CLE,” Oregon State Bar (2021)
“Contract Basics,” Guest Lecturer, Portland State University (2021)
“Psilocybin Legalization Overview CLE,” Oregon State Bar (2020)
“Copyright 102 – Music Fair Use & Licensed Use,” Young Audiences of Oregon and Southwest Washington (2020)
“Copyright Simulation Lab – Practice Seminar,” Guest Lecturer, Lewis & Clark Law School (2018, 2019)
“Protecting Trademarks and Reviewing Advertising and Marketing Considerations for Marijuana Business Operations CLE,” National Business Institute (2019)
“Cannabis and Intellectual Property CLE,” Oregon State Bar (2019)
“Marijuana Industry Trademark and Branding Issues CLE,” The Seminar Group (2019)
“Competitive Edges: Intellectual Property Basics,” Oregon Entrepreneur’s Network (2019)
“Social Cannabis Consumption: Overcoming the Mythology,” Cannabis Collaborative Conference (2019)
“Intellectual Property Basics,” Oregon Small Business Fair (2018)
“Federal Responses to Oregon Marijuana Law CLE,” National Business Institute (2018)
“The Civil Side of Cannabis Law,” Panelist, University of Oregon Law School (2018)
“Contract Basics,” Regional Arts & Culture Council (RACC) (2018)
“Cannabis Branding,” Panelist, Cannabis Collaborative Conference (2018)
“How are marijuana businesses regulated in Oregon?” OSB tv Legal Q&A, Oregon State Bar (2018)
“Recreational Marijuana Business Law in Oregon CLE,” National Business Institute (2017)
“Legal Issues in Film,” Willamette Writers Conference (2017)
“The Business of Marijuana in Oregon CLE,” The Seminar Group (2016-17)
“The Legal Business of Pot CLE,” Sterling Education Services (2016)
“Copyright & Fair Use: Old Factors, New Facts, and New Challenges CLE,” Oregon State Bar Intellectual Property Section (2016)
“Advising Cannabusinesses in Oregon’s Emerging Market CLE,” Multnomah County Bar Association (2015)
“The Federal Bar Association presents A Panel Discussion on Conflicts in Cannabis Law: Emerging and Future Challenges for State and Federal Practitioners,” Lewis & Clark Law School (2015)
“Legal Rights Clearances for Film: Fair Use, E&O, and Other Topics,” NW Documentary (2015)
“Business Structures for Creative Professionals,” Oregon Volunteer Lawyers for the Arts (May 26, 2015)
“Trademarks in the Cannabis Industry CLE,” Oregon State Bar Intellectual Property Section (2015)