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Cannabis
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March 11, 2024
Judge Blasts Instagrammer's Bid To Upend $1.6M Ruling
A lifestyle brand headed by Instagram celebrity Dan Bilzerian could face sanctions should it continue to recycle arguments for why it shouldn't be forced to pay a $1.6 million judgment to a consulting firm it was accused of cheating, a Nevada federal judge warned in an order denying the brand's motion for reconsideration.
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March 11, 2024
DC Circ. Mulls Tax-Exempt Status For Ayahuasca Church
A D.C. Circuit panel on Monday pushed counsel for an Iowa church that uses the psychedelic substance ayahuasca in its ceremonies to explain why the Internal Revenue Service erred in denying it tax-exempt status.
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March 11, 2024
CBD Co. Says Investors' Fraudulent Intent Claims Fall Short
Canopy Growth Corp. is urging a New York federal court to throw out claims that it misled investors about the prospects of a sports nutrition subsidiary, saying the proposed class action fails to establish a motive for the alleged fraud or that the cannabis company was aware that any statements it made were false.
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March 08, 2024
CBD Shop Seeks Relief From Fees For Lost Trial Against Cops
The owner of a shuttered CBD shop urged a Tennessee federal judge to free him from $35,000 in court costs for a trial he lost against the local cops who raided his shop, even though all of his products were legal, saying his net worth is in the red.
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March 08, 2024
Union Urges Affirming Reinstatement Award Over Pot Test
An aircraft mechanics union has asked a Washington federal judge to back an arbitration board's decision ordering Alaska Airlines to reinstate a unionized worker who testified positive for marijuana, saying the award was properly based on the parties' labor contract.
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March 08, 2024
Colo. Dispensary And Tracking Vendor Settle Fee Suit
A Colorado state judge has called off a trial between a dispensary chain and Metrc LLC, the company contracted by the state to track cannabis sales, after the two agreed to settle a lawsuit the retailer filed over monthly fees the vendor charged for its state-mandated services.
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March 08, 2024
Md. Pot Regulators Eye Win In Challenge To Social Equity Plan
Maryland cannabis regulators on Friday asked a federal judge to toss a lawsuit alleging the state's social equity scheme unconstitutionally discriminates against out-of-state players, asserting that there is no such thing as a federally legal marijuana market.
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March 08, 2024
Colo. Judge Sends Pot Co. Receivership Dispute To Arbitration
A member of a struggling cannabis cultivation and dispensary business alleging mismanagement by other owners must take its receivership battle to arbitration, after a Colorado state judge found that the company's operating agreement requires it.
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March 08, 2024
Hiller PC Says Ex-Atty Stole From Firm, Not The Reverse
Boutique firm Hiller PC told a New York state judge that a suit by a former attorney alleging she was underpaid should be trimmed, arguing that unjust enrichment claims fail because she was actually stealing money from the firm, not the other way around.
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March 08, 2024
Longtime Cannabis Atty From Bressler Joins Fox Rothschild
Fox Rothschild LLP announced that an experienced cannabis and financial services attorney who spent nearly two decades with Bressler Amery & Ross PC has moved to the firm's litigation practice as a partner in Morristown, New Jersey.
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March 07, 2024
Biden Blasts 'Hidden Fees' During State Of The Union
During what could be his last State of the Union, President Joe Biden touted on Thursday night his administration's efforts to protect consumers by combating such issues as "junk fees" and price gouging.
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March 07, 2024
NY Cannabis License Scheme Not Discriminatory, State Says
New York cannabis regulators have urged a federal judge to reject a bid seeking to temporarily halt the issuance of marijuana retail licenses by a company that claims the social equity program is biased against white male entrepreneurs, arguing that the company "fundamentally misunderstands" how the program works.
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March 07, 2024
Marijuana Store Retaliated After Complaint, Ex-Worker Says
An Atlantic City, New Jersey, marijuana dispensary fired one of its employees after she requested that "loud music" being played in the shop be turned down because it triggered her post-traumatic stress, paranoia and anxiety, the ex-worker says in a discrimination lawsuit filed in New Jersey state court.
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March 07, 2024
Hawaii Senate OKs Cannabis Legalization Bill
The Hawaii Senate has approved a bill to legalize marijuana for adult nonmedical use and tax and regulate its sale, sending the proposal to the state House of Representatives for review.
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March 07, 2024
Sens. Tell Stores To Get Illegal E-Cigs Off Their Shelves
Five U.S. senators on Thursday told the heads of major convenience store and gas station chains to stop sales of unauthorized flavored e-cigarette products, saying that their illegal sales pose a major threat to public health, especially children's.
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March 07, 2024
Pot Co. Worker Claims Retaliation For Spotting Bad Policies
A Hollywood Boulevard-located cannabis dispensary, Pineapple Express, terminated one of its top-selling employees after he complained about the ways it was failing to follow California marijuana laws, according to a lawsuit filed in Los Angeles County Court.
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March 06, 2024
Vape Co. Is Denied Atty Fees After Subsidiary Loses Case
A vape and lifestyle brand headed by Instagram celebrity Dan Bilzerian that was hit with a $1.6 million judgment in a contract dispute can't get back its attorney fees, a Nevada federal judge has ruled, saying a party actually has to win money to recover expenses.
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March 06, 2024
Juul MDL Judge Asks Feds To Probe AI Fraud In $45.5M Deal
A California federal judge Wednesday approved e-cigarette Juul investor Altria's $45.5 million settlement and counsel's $13.65 million fee request to resolve consumer claims in Altria's broader $235 million multidistrict settlement agreement, but said fraudulent claims submitted by AI and "click farms" are a "real problem" prosecutors should investigate.
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March 06, 2024
3rd Circ. Questions Who Can Sue Under NJ Cannabis Law
The Third Circuit on Wednesday struggled to pinpoint whether workers can sue employers under a New Jersey law that protects them from punishment for cannabis use, while also expressing unease about accepting Walmart's assertion that state regulators possess broad enforcement authority.
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March 06, 2024
Senators Question Cherokee Tribe's Cannabis Co. Launch
Both of North Carolina's U.S. senators are asking for an inquiry into the upcoming launch of a Cherokee tribe's cannabis dispensary, saying the matter raises important questions on how to keep the state's residents safe.
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March 06, 2024
Wash. Business Can't Get Pot License Back After Eviction
A Washington appeals court won't upend a decision from the state's Liquor and Cannabis Board revoking a company's cannabis license after it was evicted, finding this week that the decision was supported by the evidence in front of the board and wasn't arbitrary or capricious.
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March 05, 2024
Wash. Court Says Dept. Jumped Gun On Weed Co. Wage Suit
The Washington Department of Labor and Industries prematurely commenced a wage action against a cannabis company, state appellate judges ruled, because it had not yet determined how much the company owed its workers.
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March 05, 2024
Wash. Appeals Judges Balk At Pot Investor's 2nd Fraud Suit
A three-judge panel of Washington state appeals court judges appeared frustrated Tuesday with an investor who permanently dropped a fraud case against partners in a failed cannabis venture but then filed related claims in a neighboring county, questioning how he could argue he needed to wait for the second salvo to ripen when an email explicitly states otherwise.
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March 05, 2024
Pot Co. Partner Questioned On Why $140M Award Was Unfair
A Colorado appeals judge seemed to doubt that a trial court correctly threw out a $140 million arbitration award in a dispute between partners in a cannabis business, pressing the target of the tossed award to prove the arbitrator was so unfair that his decision should be erased.
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March 05, 2024
Gibson Dunn AI Leader On Weathering The AI Policy Blizzard
Like a mountaineer leading a team through a snowstorm, Gibson Dunn & Crutcher LLP's artificial intelligence co-chair Cassandra L. Gaedt-Sheckter is guiding companies developing and using artificial intelligence through a blizzard of new laws and regulations coming online in Europe and the U.S., saying that assessing AI risks is the North Star to mitigating them.
Expert Analysis
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Series
The Pop Culture Docket: Judge Elrod On 'Jury Duty'
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.
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4 Business-Building Strategies For Introvert Attorneys
Excerpt from Practical Guidance
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.
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What Calif. Pot Permit Ruling Means For Enviro Compliance
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.
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Opinion
3 Ways Justices' Disclosure Defenses Miss The Ethical Point
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.
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Rare Reg A+ Fines Reflect New Era Of SEC Enforcement
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.
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Cannabis Plain Packaging Rules: Examples And Opportunities
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.
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Caregiver Flexibility Is Crucial For Atty Engagement, Retention
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.
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Cannabis Consumption Lounges Face Unique Liability Risks
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.
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What Justices' Pork Ruling Means For Interstate Cannabis
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.
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In-Office Engagement Is Essential To Associate Development
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.
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Complex Hemp Processes Need Nimble Regulatory Approach
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.
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Perspectives
A Judge's Pitch To Revive The Jury Trial
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.
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Opinion
Calif. Policymakers Should Aid Crashing Cannabis Market
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.
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How To Recognize And Recover From Lawyer Loneliness
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.
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Opinion
Litigation Funding Disclosure Should Be Mandatory
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.