Cannabis

  • April 24, 2024

    FDA Can Keep Most Docs Hidden From Juul's FOIA Request

    A District of Columbia federal judge has largely sided with the U.S. Food and Drug Administration in a suit by Juul Labs Inc. seeking documents related to the FDA's decision to ban its products, saying the bulk of the files fall under a privilege that protects predecision deliberations.

  • April 24, 2024

    FDA Seeks Max Fines Against Shops Selling Elf Bar Vapes

    The U.S. Food and Drug Administration has issued another round of complaints and civil penalties to 22 brick-and-mortar and online sellers of illicit e-cigarettes, including the highly popular Elf Bar brand, according to an agency announcement that noted more than 100 retailers have been hit since September.

  • April 23, 2024

    Residents Say NJ Township, Grower Rushed Land Use Permits

    Residents of a New Jersey neighborhood are hopping mad about plans to put a cannabis growing facility a stone's throw from their residential street, telling a state court that the local township didn't properly assess the site plan for the project before approving it.

  • April 23, 2024

    Do Not Remand FDA Cigar Rule Without Vacatur, DC Circ. Told

    The New Civil Liberties Alliance is urging the D.C. Circuit not to remand a U.S. Food and Drug Administration rule regulating premium cigars without first vacating the regulation, saying federal agencies cannot enforce rules that have been declared unlawful.

  • April 23, 2024

    9th Circ. Won't Reinstate Pilot After High-Flying Pot Deliveries

    The Ninth Circuit won't undo the Federal Aviation Administration's decision to revoke the pilot certificate of a pilot who transported cannabis within the state of Alaska, saying the state's legalization of cannabis doesn't block the FAA's rules and regulations.

  • April 22, 2024

    Ayahuasca Church Settles Religious Freedom Suit With Feds

    A Phoenix-based church that uses the psychedelic ayahuasca as a sacrament announced Monday that it had reached a legal settlement in Arizona federal court with a slew of federal agencies to ensure its religious right to access the federally controlled substance.

  • April 22, 2024

    DEA Tells 9th Circ. 'Right To Try' Doesn't Rewrite CSA

    The U.S. Drug Enforcement Administration is urging the Ninth Circuit to reject an appeal by a doctor who seeks to administer psilocybin to terminal cancer patients to treat depression, saying the Right to Try Act doesn't waive the Controlled Substances Act's prohibitions or authorize the DEA to do so.

  • April 22, 2024

    Trulieve Strikes Deal To End Ex-Worker's Whistleblower Suit

    Cannabis company Trulieve has reached a deal with a Black former manager to end his suit alleging he was fired after reporting a supervisor's sexual misconduct and several safety violations, according to a filing in Florida federal court.

  • April 19, 2024

    A Cannabis Constitutional Fight, And The Calif. Atty Behind It

    Federal appellate courts are mulling multiple challenges to state and local cannabis licensure programs, all brought by one California-based attorney and each alleging that the dormant commerce clause of the U.S. Constitution must apply to federally illegal marijuana.

  • April 19, 2024

    NY Lawmakers Approve Overhauling Cannabis Tax System

    New York is slated to scrap its potency-based tax system for adult-use cannabis and replace it with a more streamlined wholesale tax structure in June under a budget-related bill approved by state lawmakers.

  • April 19, 2024

    Blumenauer: This 4/20 Will Be The Last For Schedule I Pot

    U.S. Rep. Earl Blumenauer, D-Ore., one of the most ardent champions of marijuana policy reform on Capitol Hill, said Friday that he was optimistic 2024 would be final year that cannabis would remain a Schedule I substance under federal law.

  • April 18, 2024

    NY Tribe Says Smoke Shop Group Can't Be Trusted With Data

    The Cayuga Nation is urging a New York federal judge to keep one of the entrepreneurs it's accused of opening up an unlicensed smoke shop on tribal land from viewing spreadsheets purportedly detailing lost revenues the tribe suffered due to the store's operation, claiming he'll use the information to hurt the tribe's business.

  • April 18, 2024

    $100M Arbitration Award Restored In Colo. Dispensary Fight

    A Colorado appellate panel on Thursday largely reinstated a roughly $100 million arbitration award in a dispute between former business partners in the cannabis dispensary chain Native Roots, finding no basis to conclude the arbitrator was biased.

  • April 18, 2024

    Pharma Ex-Exec Can't Revive $12M Underpayment Suit in US

    A Manhattan federal judge has refused to rethink her decision tossing a $12 million suit accusing Altum Pharmaceuticals Inc. and its cannabis-focused parent company, BetterLife Pharma Inc., of stock dilution and underpaying a former executive chairman of the board of directors, saying the claims are better suited for Canadian courts.

  • April 18, 2024

    6th Circ. Axes Ex-Perrigo Worker's Drug Test Firing Suit

    The Sixth Circuit refused to reinstate a bias suit from a worker who said drugmaker L. Perrigo Co. unlawfully fired him after lip balm caused him to test positive for marijuana, saying he didn't show that age or disability discrimination motivated the decision to let him go.

  • April 18, 2024

    Missouri AG Launches Probe Into Delta-8 Products

    Missouri's Republican attorney general has launched an investigation into four companies purportedly manufacturing or selling vapes and other products containing hemp and marijuana derivatives such as CBD, delta-8 THC and delta-9 THC.

  • April 18, 2024

    FDA Head Gets GOP Rep.'s Rebuke Over Pot Rescheduling

    The Republican chair of a U.S. House of Representatives Appropriations subcommittee on Thursday chided the commissioner of the U.S. Food and Drug Administration for the agency's recommendation last year to loosen restrictions on marijuana.

  • April 17, 2024

    Discovery Sanction Too Severe In $1M Vape Case, Panel Says

    An Illinois appeals court has found that a default judgment granted against a vape shop accused of causing a customer's burn injuries, which led to a $1 million bench verdict, was too severe of a sanction for defense counsel's failure to timely comply with certain discovery requests.

  • April 17, 2024

    FDA's Foot-Dragging On Menthol Ban Sparks Frustration

    The U.S. Food and Drug Administration's yearslong delay to ban menthol has left public health groups frustrated over why the agency has failed to act on what the groups see as an obvious way to improve public health and prevent needless deaths, prompting a second lawsuit over taking menthol off store shelves.

  • April 17, 2024

    FDA Denies Marketing For 65 MNGO Disposable E-Cigarettes

    The latest action by the U.S. Food and Drug Administration on e-cigarettes was to tell a Chinese company to take its range of 65 e-cigarette products in a variety of flavors from menthol to pink lemonade and watermelon off the market.

  • April 17, 2024

    FDA Tells Justices It Has A Better Vape Case In Mind

    The U.S. Food and Drug Administration has told the U.S. Supreme Court that if it wants to address the agency's decision not to approve applications for flavored e-cigarettes, there is a better case in the pipeline than the appeal lodged by Lotus Vaping Technologies that the justices should choose instead.

  • April 17, 2024

    Alien Influencer, Ex-Partners Walk Away From IP Row

    A Colorado federal judge has dismissed a lawsuit brought by a motivational speaker and self-described influencer who claims to have met with extraterrestrial beings known as the "Blue Avians," after the influencer and two former business partners agreed to drop dueling claims over movie projects and business ventures gone awry. 

  • April 17, 2024

    Panel Agrees Pot Investor's Deal In 2017 Suit Nixes 2019 Suit

    A Washington state appeals court has thrown out an investor's suit alleging that a cannabis venture failed to follow through on a deal to acquire ownership interest in exchange for a $650,000 investment, finding his settlement of a prior suit block his claims.

  • April 16, 2024

    Split 5th Circ. Won't Rehear Case Over Agency Protections

    A divided Fifth Circuit on Tuesday denied en banc rehearing of a panel decision that likely sets up a U.S. Supreme Court challenge of long-standing limits to the president's power to fire executive branch subordinates.

  • April 16, 2024

    Wis. Bank Must Face Bias Claims In Tribal Peyote Case

    A Wisconsin federal judge ruled Tuesday that a local bank cannot avoid discrimination claims in a suit that accuses it of denying service to Indigenous company Medicine Fireplace, whose members use the psychoactive peyote plant in their religious ceremonies.

Expert Analysis

  • 3 Significant Ohio Insurance Updates From 2023

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    The past year saw some significant changes and developments in Ohio's insurance coverage landscape, from new bad faith discovery mechanisms relating to out-of-state property to the Ohio Supreme Court's interpretation of what constitutes an assault or battery for coverage purposes, say Jenna Pletcher and William Peseski at Brouse McDowell. 

  • 7 E-Discovery Predictions For 2024 And Beyond

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    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • Cannabis Banking Bill Uncertainty May Actually Be A Blessing

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    The passage of a cannabis banking law is alluring, but little will be lost if the Secure and Fair Enforcement Regulation Banking Act — facing stiff competition from other congressional priorities — gets tabled because the bill ultimately does little to meaningfully propel the industry toward full legalization, says Michael Rosenblum at Thompson Coburn.

  • Series

    ESG Around The World: South Africa

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    While South Africa has yet to mandate the reporting of nonfinancial and environmental, social, and corporate governance issues, policy documents and recent legislative developments are likely to have a material impact in the country's transition to a low-carbon economy and in meeting its international obligations, say Glynn Kent at Eversheds Sutherland.

  • FOIA Exemption Questions On Redacted HHS Cannabis Letter

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    The U.S. Department of Health and Human Services' recent recommendation letter concerning the rescheduling of cannabis was heavily redacted, and based on an analysis on the applicability of Freedom of Information Act Exemption 5 to the letter, it's likely that we will see successful legal challenges to those redactions, say attorneys at Troutman Pepper.

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • 2 Cases Highlight NJ Cannabis Employment Law Uncertainties

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    More than two years after its enactment, the employee protections and employer obligations in New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act remain unsettled, and two recent lawsuits draw attention to the law's enforceability and its intersection with federal law, say Ruth Rauls at Saul Ewing and David White at Seton Hall.

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • The Key Laws Retailers Should Pay Attention To In 2024

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    2024 promises to be another transformative year for retailers as they navigate the evolving regulatory landscape, particularly surrounding data privacy and sustainability laws, meaning companies should make it a practice to keep track of new legislation and invest in compliance efforts early on, say attorneys at Benesch.

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