Cannabis

  • February 28, 2024

    Delayed Filing Dooms Bid To Block Maryland Pot Licenses

    A Maryland federal judge has denied a cannabis entrepreneur's bid to block the state's social equity license lottery, saying her delay in filing both her suit and the motion for an injunction outweighs the harm she'll suffer from the lottery going ahead.

  • February 27, 2024

    10th Circ. Backs FDA E-Cigarettes Marketing Denial

    The Tenth Circuit on Tuesday upheld the U.S. Food and Drug Administration's denials of two companies' applications to market flavored e-cigarettes, rejecting their argument that the agency secretly planned to reject any applications without long-term studies.

  • February 27, 2024

    Vape Supplier Asks 9th Circ. To Toss $892K Award

    A vape company that supplies products for use with cannabis is asking the Ninth Circuit to overturn a district court decision affirming an $892,000 arbitration award against it in a distributor's contract dispute, saying the district court ignored evidence of fraud.

  • February 27, 2024

    NJ Town Residents Say Cannabis Laws Violate Federal Law

    A group of residents of Highland Park, New Jersey, are suing the town, aiming to overturn town ordinances allowing for the sale and distribution of cannabis, saying they are in conflict with the federal Controlled Substances Act and state law.

  • February 26, 2024

    Altria Unit Drops Suit Against Dozens Of Vape Makers

    Altria Group Inc. subsidiary NJOY has quietly dropped a California federal lawsuit accusing more than 30 vape product makers of breaking state and federal laws by selling flavored tobacco products that are forbidden in the Golden State.

  • February 26, 2024

    UK Photog Drops Copyright Claims Against Cannabis Co.

    A photographer who accused a cannabis licensing firm of using his image of the Empire State Building to push sales without his say-so has quietly dropped his copyright suit in New York federal court.

  • February 26, 2024

    Vape Wholesaler TM Dispute Booted From Illinois Court

    An Illinois federal judge on Monday dismissed a trademark dispute between HS Wholesale Ltd. and HS Global Distribution LLC, saying HS Global doesn't have sufficient contact with the state for the court to have jurisdiction over the claims.

  • February 23, 2024

    Tribal Biz Atty Must Meet Calif. DA Over Greenhouse Wreckage

    A California federal judge has ordered the lawyer for a business owned by a tribal conglomerate to attend a hearing with San Bernardino County's district attorney, saying the lawyer must explain why he forced the DA to file a unilateral status report about the destruction of illegal cannabis greenhouses.

  • February 23, 2024

    Cannabis Workers Say Co. Imposed Quotas, Didn't Pay Up

    California cannabis company Glass House Brands Inc. and a number of its subsidiaries were hit with a proposed class action suit Tuesday claiming it bilked workers out of sick pay, minimum wage and lunch breaks and that it illegally enforced quotas.

  • February 23, 2024

    Tobacco Cos. Look To Nix COPD Suit Decades After Diagnosis

    Tobacco companies R.J. Reynolds and Philip Morris asked a Massachusetts state judge on Friday to end a wrongful death lawsuit brought decades after a woman's COPD diagnosis and nearly three years after her death, pointing to a state high court ruling last summer that affirmed strict time limits for such claims.

  • February 23, 2024

    NY Clerk Defends Barring Felons From Juries In Dismissal Bid

    New York County's commissioner of jurors has urged a federal judge to dismiss a Black public defender's racial bias suit challenging the Manhattan court system's exclusion of people with felony convictions from juries, arguing the attorney fails to allege the exclusion was applied with a discriminatory motive or in a discriminatory way.

  • February 23, 2024

    Judge Bars Convicted Hemp Co. Exec From Securities Trade

    A Manhattan federal judge has barred a hemp company executive from participating in securities trade, after the executive was convicted of fraud and as a suit by the U.S. Securities and Exchange Commission alleging he schemed to misappropriate $1.8 million in investor funds remains pending.

  • February 23, 2024

    Vaping Co. Attys Get $86K Fees For Contract Suit Win

    A Los Angeles judge has awarded $86,334 in fees to attorneys for Germany-based Vaping360 GMBH following the company's $821,040 trial win in a contract dispute over website commissions.

  • February 23, 2024

    Pot Rescheduling Could Spur Inventory Accounting Change

    If cannabis is reclassified to a lower tier under the Controlled Substances Act, it would unlock significant tax benefits for cannabis companies, such as allowing them to take standard business deductions, but they may need to account for their inventories differently to take full advantage.

  • February 22, 2024

    Bong Co. Can't Win Against Shop That Didn't Appear In Court

    The maker of Stündenglass-branded glass infusers shouldn't get a win over a retailer that didn't bother to put up a defense against the manufacturer's trademark infringement suit, a federal court recommended, noting that this is at least the fourth time the company's claims against California smoke shop owners has missed the mark when seeking a default judgment.

  • February 22, 2024

    'Gullible' Lender Wins $2.8M Judgment Against Cannabis Co.

    A businessman who pitched opening a "lucrative cannabis operation" to a lender must pay back the $2.8 million borrowed, a Los Angeles County judge ruled, saying the entrepreneur took "advantage of" the financier's "lack of business sophistication."

  • February 22, 2024

    Alaska Pot Dispensary Owner Charged With COVID Aid Fraud

    An Alaska businesswoman has been indicted on allegations that she used misrepresentations to obtain forgivable loans meant to assist small businesses during the COVID-19 pandemic.

  • February 21, 2024

    Cannabis CEOs Wasted Wealthy Russian's Money, Suit Claims

    Two California businessmen who were given $145 million by a now dead Russian billionaire to begin cannabis growing operations in the state are accused of gross mismanagement and squandering his investment, according to a lawsuit filed in Los Angeles County court.

  • February 21, 2024

    Judge Won't Strike 'Excessive' $2.3M Tobacco TM Verdict

    A federal judge in Atlanta has said he won't reduce a $2.3 million verdict against two Georgia wholesalers of cigarette rolling paper accused of selling knockoffs, saying the jury's determination on the amount of the damages is "something the court cannot second-guess."

  • February 21, 2024

    Kratom Buyers Say Sellers Hid Opioid-Like Addiction Risks

    A pair of kratom users are suing Ashlynn Marketing Group Inc., alleging the company hid the fact that its kratom-based products are addictive in a similar way to opioids while marketing them as safe and natural supplements.

  • February 20, 2024

    Calif. Tribe Looks To Undo Tobacco Noncompliance Listing

    The Twenty-Nine Palms of Mission Indians is suing the U.S. government in California federal court over its decision to place the tribe on a "non-compliant list" under a law that targets illegal tobacco trafficking, arguing that its operations comply with all applicable state laws.

  • February 20, 2024

    Tenn. Jury Sides With Cops Over Raids On Legal CBD Shops

    A Tennessee federal jury rejected claims that a county and local law enforcement engaged in a conspiracy to violate a CBD shop owner's civil rights by raiding and shuttering his and others' stores, despite allegedly knowing that the products he sold were legal under both state and federal law.

  • February 20, 2024

    Skipped Hearing Sinks Conn. Pot Store Fight, Court Told  

    A lawsuit seeking to revoke the approval of a cannabis retail permit in Stamford, Connecticut, cannot proceed because a coalition of anti-pot taxpayers followed the wrong process by skipping a public hearing and suing instead, the city's counsel told a state judge during an oral argument on Tuesday.

  • February 20, 2024

    Pot Cos. Say They'll Be Ruined Unless Detroit Facility Opens

    Four cannabis companies have urged a Michigan federal court to prohibit the city of Detroit from taking any action that would impede their $15 million marijuana processing facility from opening, saying they are "in immediate danger of financial ruin" unless they operate the site as planned.

  • February 20, 2024

    Pot Shop Says Trade Group CEO Bungled License Bid

    The leader of a cannabis industry trade group is being accused in a lawsuit of convincing the owner of a dispensary to invest in what he was promised would be a "guaranteed" license to operate another retail location, only to mishandle the process.

Expert Analysis

  • Series

    The Pop Culture Docket: Judge Elrod On 'Jury Duty'

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    Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

  • 4 Business-Building Strategies For Introvert Attorneys

    Excerpt from Practical Guidance
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    Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.

  • What Calif. Pot Permit Ruling Means For Enviro Compliance

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    While a California appeals court's recent decision in Lucas v. City of Pomona affirms the city's use of a statutory exemption for its commercial cannabis overlay permit program, the ruling does not mean that all applicants seeking similar approvals are exempted from state environmental compliance obligations, say Whitney Hodges and Barbara Machado at Sheppard Mullin.

  • Opinion

    3 Ways Justices' Disclosure Defenses Miss The Ethical Point

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    The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.

  • Rare Reg A+ Fines Reflect New Era Of SEC Enforcement

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    The U.S. Securities and Exchange Commission's recent announcement of civil penalties against 10 microcap companies for violations of Regulation A+ shows that as the SEC continues to expand its enforcement efforts, its focus remains on protecting investors of all sizes — including those investing in the historically less-scrutinized Reg A+ issuers, say attorneys at Crowell & Moring.

  • Cannabis Plain Packaging Rules: Examples And Opportunities

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    States that have legalized adult-use cannabis in recent years have adopted stringent requirements for product packaging and labeling in an effort to protect minors, and these rules may provide a vehicle for compromise between proponents and opponents of legalization, say attorneys at Troutman Pepper.

  • Caregiver Flexibility Is Crucial For Atty Engagement, Retention

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    As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.

  • Cannabis Consumption Lounges Face Unique Liability Risks

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    As state laws regulating cannabis consumption lounges proliferate, operators must follow certain best practices to effectively address issues like air quality concerns and California Proposition 65 warnings, says Lauren Mendelsohn at the Law Offices of Omar Figueroa.

  • What Justices' Pork Ruling Means For Interstate Cannabis

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    The U.S. Supreme Court’s recent National Pork v. Ross ruling added a new wrinkle to dormant commerce clause jurisprudence as the nation’s federal courts grapple with a novel paradox raised by interstate cannabis commerce, and pending appellate cases may shed additional light on these issues later this year, say Tommy Tobin and Andrew Kline at Perkins Coie.

  • In-Office Engagement Is Essential To Associate Development

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    As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

  • Complex Hemp Processes Need Nimble Regulatory Approach

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    Since the 2018 Farm Bill legalized hemp and certain hemp-derived products, THC limits have presented different issues at each stage of the complex production process, revealing the need for continued adjustments and flexible regulations as Congress deliberates the 2023 Farm Bill, says David Kouba at Arnold & Porter.

  • Perspectives

    A Judge's Pitch To Revive The Jury Trial

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    Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.

  • Opinion

    Calif. Policymakers Should Aid Crashing Cannabis Market

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    As California’s cannabis sector nears the brink of financial collapse, it may be time for the state government to seriously consider potential bailout programs for the embattled industry — though the crisis also presents strategic buying opportunities for those with a high tolerance for uncertainty, says Michelle Mabugat at Greenberg Glusker.

  • How To Recognize And Recover From Lawyer Loneliness

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    Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.

  • Opinion

    Litigation Funding Disclosure Should Be Mandatory

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    Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.

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