Richard Y. Cheng – Ritter Spencer Cheng, PLLC

Richard Y. Cheng, a managing member at Ritter Spencer Cheng PLLC and brings a wealth of experience and expertise in corporate transactions, regulatory, compliance matters, specifically to the cannabis and healthcare industries. Through his traditional healthcare practice, Richard ventured into the cannabis industry in 2013. His contributions to the cannabis industry have been significant, representing a variety of clients (e.g. cultivators, investors, manufacturers, retailers, healthcare providers, third-party business) and earning him recognition as a top cannabis legal expert by both Databird Research Journal and Cannabis Law Journal. Richard served as outside general counsel to the Texas Cannabis Industry Association, coauthored an American Health Law Association cannabis publication and speaks regularly on cannabis topics at national legal and industry related conferences. Before joining Ritter Spencer Cheng PLLC, Richard was an equity partner at an Am Law 100 global law firm, where he was a member of the healthcare section and chaired the firm’s hemp/hemp products practice group.

Richard has served as an adjunct faculty teaching cannabis law at University of North Texas Dallas College of Law and has served as a board of director of multiple cannabis related business ventures. In addition, he has lobbied in Washington, D.C. on behalf of a professional trade association.

Presentations

• “Legalized Possession and Use of Cannabis: Legal and Ethical Dilemma,” American College of Healthcare Executives (ACHE) North Texas Chapter, September 22, 2023.
• “Top 5 Legal Tips for Assisted Living Facilities,” Texas Organization of Residential Care Homes (TORCH) Annual Conference, September 13, 2023.
• “The Cannabis Industry: The Wild West to a More Refined World (kind of…),” Association of Certified Fraud Examiners: 33rd Annual DFW Fraud Conference, August 18, 2023.
• “Being a Closer – Start Deal Flows, Diligence Concerns and Closing,” Lucky Leaf Expo Mississippi, May 5, 2023.
• “Sex, Booze and Rock-n-Roll: Attorneys Dealing with Today’s Realities in the Practice of Law,” Dallas Bar Association, April 19, 2023.
• “Raising Capital, M&A and Deal Flow,” NoCo Hemp Expo, March 30, 2023.
• “Mock Negotiation – Buying/Selling a License,” MJBizCon 2022 and INCBA, November 15, 2022.
• “Impacts of COVID-19 Compliance Protocols to Post-Acute Care Facilities and Home Based Care,” American Health Law Association, September 27, 2022.
• “Cannabis Deal Making and Transactional Considerations,” Lucky Leaf OKC, September 23, 2022.
• “Physician and Other Health Providers’ Concern with Medical Cannabis,” American Bar Association Physician Legal Issues: Healthcare Delivery and Innovation Conference, September 16, 2022.
• “The Future of Delta 8: Is There One?,” The Original CBD Expo Tour, August 18, 2022.
• “Cannabis Business Opportunities & Social Impact – Social Equity & Impact,” Capital One Dallas Start-Up Week, August 10, 2022.
• “Texas Cannabis Caucus” Panel, Democratic Party State Convention, July 15, 2022.
• Moderator, “Breaking Developments in Cannabis Law,” Dallas Bar Association Cannabis Study Group, May 11, 2022.
• “State Medical Cannabis Programs: What Physicians Should Know and Consider,” Society of Cannabis Clinicians, April 15, 2022.
• “The Future of Hemp-Derived Delta-9 THC,” Delta 8 Expo Conference, March 31, 2022.
• “Intersection Between Healthcare and Cannabis,” Dallas Bar Association Health Law Section, March 16, 2022.
• “Hemp Regulations,” 5th Annual Indigenous Hemp Conference, March 1, 2022.
• “Health Care Fraud and Abuse Issues in Home Based and Community Care,” Texas Association for Home Care & Hospice Winter Conference, February 23, 2022.
• “The Past, the Present, the Future Cannabis and the Myriad of Issues that Attorneys Should be Aware of from a Legal and Practical Perspective Affecting Physicians and Hospitals,” American Health Law Association Physicians and Hospitals Law Institute, February 3, 2022.

Publications

• Co-authored American Health Law Association’s Health Care and the Business of Cannabis publication
• Quoted in MJ Biz Daily: Texas medical marijuana operators ‘push but not shove’ to expand state’s limited MMJ program
• “State Medical Cannabis Programs: What Physicians Should Know and Consider,” Dallas Medical Journal, April 2022.
• “Healthcare Transactions: What Laws and Regulatory Restrictions May Apply,” Dallas Medical Journal, February 2022.
• “Understanding Your Transaction Details is Key to Making A Deal,” Home Care Magazine, February 1, 2022.
• “What Home Health Providers Need to Know About THC Delta-8,” Home Care Magazine, November 12, 2021.
• Quoted, “Texas Hemp Coalition Bring Attention to The Hemp Derived Delta 8 Issue in Texas,” Texas Hemp Coalition, October 21, 2021.
• “Survey of Applicability of State General Privacy and Breach Notification Laws to Health Information,” American Health Law Association (AHLA), August 26, 2021.
• “Physicians Doing Business with Private Equity Groups,” Dallas Medical Journal, April 2021.
• “Health Care and the Business of Cannabis: Legal Questions and Answers, Ch. 2: Cannabis Issues in the Post-Acute Care Industry,” American Health Law Association (AHLA), March 2, 2021.
• Quoted, “Texas Medical Marijuana Operators ‘Push but Not Shove’ to Expand State’s Limited MMJ Program,” MJ Biz Daily, January 7, 2021.
• ”Consequences of producing non-compliant hemp,” DLA Piper Newsletter, July 16, 2020.
• ”Economic relief for hemp farmers in a new round of funding in response to COVID-19,” DLA Piper Newsletter, May 5, 2020.
• ”COVID-19 emergency declaration allows Centers for Medicare & Medicaid Services to issue 1135 waivers, 1915(c) waivers and changes to survey and audit processes,” DLA Piper Newsletter, April 6, 2020.
• ”CARES Act may offer relief for medical practices, but raises questions for private equity-backed practice management companies,” DLA Piper Newsletter, April 3, 2020.
• ”COVID-19: Financial relief programs for hemp and hemp-related businesses,” DLA Piper Newsletter, April 3, 2020.
• “HealthTech: Law and Regulation – Ch. 14: Telemedicine: opportunities and challenges – a US perspective,” Edward Elgar, October 2020.
• “CMS Issues Best Practices Toolkit for Nursing Facilities in Response To COVID-19,” American Bar Association, May 14, 2020.
• “How the CARES Act Could Affect Nursing Facility Operators,” McKnight’s Long-Term Care News, April 15, 2020.
• “CMS and CDC Guidance on COVID-19 for Post-Acute and Long Term Care,” American Health Law Association, March 18, 2020.
• “3 Risk Categories for Providers Whose Patients Use Cannabis,” HomeCare Magazine, March 2, 2020.
• “The Occupational Therapy Manager, 6^th Edition” – Multiple Chapters, AOTA Press, July 24, 2019.
• “Telehealth in SNFs – A proposal for MA plans,” McKnight’s Long-Term Care News, January 21, 2019.
• “Managing Whistleblowers and Whistleblower Cases,” McKnight’s Long-Term Care News, December 3, 2018.
• “Due Diligence in Distressed Community Hospitals,” The Bankruptcy Strategist, August 1, 2018.
• “Office of Inspector General Voluntary Disclosures — Should I or Shouldn’t I?” McKnight’s Long-Term Care News, May 16, 2018.
• “How to Conduct an Effective Internal Investigation,” HomeCare Magazine, November 1, 2017.
• “Marketing Limitations in Health Care,” HomeCare Magazine, September 5, 2017.
• “Why LTC Operators Should Care About Anti-Kickback Statute Trends,” McKnight’s Long Term Care News, February 12, 2016.
• “Trump Administration and the Future of Medicare Certification,” The College Bulletin, Texas Bar College, Spring Issue 2017.
• “Post-Acute Care Provider Antidiscrimination Obligations,” American Health Law Association Post-Acute and Long Term Services Advisor, Volume 18, Issue 3, October 15, 2015.
• “Electronic Health Records: What to Expect in 2016,” Texas Chiropractic Board Report, Volume 2, Issue 6, October 1, 2015.
• “Recognizing and Managing Acuity Creep in Assisted Living Facilities,” Inside TALA, September 5, 2015.
• “Audits Conducted by Medicare,” Dallas Bar Association’s Headnotes, July 1, 2015.
• “Preparing for a Healthcare Mediation,” TAHC&H Perspective, May 11, 2015.
• “The Legal and Operational Guide for Free Medical Clinics,” American Health Law Association, American Medical Association Foundation, and National Association of Free and Charitable Clinics, 2015.
• “Trolling for Medical Golden Nuggets,” Dallas County Medical Journal, Volume 101, Number 11.
• “Stark Law Concerns with Skilled Nursing Facility Medical Directors,” Texas Health Care Association, January 9, 2015.
• “Breaking Down Ebola Concerns,” McKnight’s Long-Term Care News, October 24, 2014.
• “Strategies to Combat Common Deficiencies in Assisted Living Facilities” Inside TALA, May 19, 2014.
• “The Occupational Therapy Manager, 5^th Edition” – Legal Chapter, AOTA Press, December 1, 2010.

Featured Podcasts

• The Sativa Segment – Host – Youtube – Apple Podcast – also available on Amazon, Spreaker, Spotify, iHeart, etc.
• Manchester Living Podcast – Medical Cannabis – Youtube – Audio Podcast

Admissions

• Minnesota
  
• Texas
  

Distinctions

• D Magazine – Best Lawyers in Dallas, 2015, 2017-2023
• Thomson Reuters – Texas Super Lawyers,  2022, 2023
• Thomson Reuters – Texas Rising Star, 2015-2017
• Dallas Business Journal – Best Corporate Counsel Rising Star Award, 2011
• D CEO Magazine & Association of Corporate Counsel – Best Corporate Counsel Finalist, Solo Category, 2011-2012
• National Diversity Council – Legal Diversity Champion Award, 2012
• Texas Lawyer Magazine – Featured General Counsel, 2012
• Texas Occupational Therapy Association, Distinguished Service Award, 2011-2012
• Texas Tech University Health Sciences Center – Distinguished Alumni Award, 2010
• Databird Research Journal – Top 250 Cannabis Expert, 2018
• Cannabis Law Journal – Global Top 200 Cannabis Lawyers Listing, 2020-2023

Education

• J.D., Nova Southeastern University Shepard Broad Law Center
  
• M.B.A., University of Memphis
  
• Texas Tech University Health Sciences Center, B.S.O.T./M.O.T.
  
• University of Texas Health Science Center at Houston, Graduate Certificate of Public Health

Courts

• United States District Court for the District of Minnesota
• United States District Court for the Northern District of Texas

Membership

• American Bar Association, Health Law Section (Chair of Post-Acute Care Continuum Task Force)
• American College of Health Care Executives, North Texas Chapter
• American Health Lawyers Association, Post Acute/Long Term Services Section
• Collin County Bar Association, Corporate Counsel Section
• Dallas Asian-American Bar Association (Board of Directors, 2013-2015)
• Dallas Association of Young Lawyers Foundation (Life Fellow; Leadership Class Selected Member, 2011)
• Dallas Bar Association, Health Law Section
• Frisco Chamber of Commerce (Leadership Class Member, 2015)
• Texas Healthcare Advisory Council (Board of Director, 2017-2020)
• Health Care Compliance Association
• Helping Restore Ability (Board of Director)
• National Asian Pacific American Bar Association
• International Cannabis Bar Association
• State Bar of Texas, Health Law Section (Diversity in the Profession Committee, 2016-2019; Texas Minority Counsel Program Steering Committee, 2016)
• Texas Assisted Living Association (Public Policy Committee Member)
• Texas Association of Home Care & Hospice (Governmental Affairs Committee)

Additional Certification

• Richard is a Certified Healthcare Compliance (CHC) professional with the Certification Compliance Board (CCB)