Cannabis

  • September 18, 2020

    Hemp Industry Asks DC Circ. To Stop DEA Rule

    A hemp trade group and a CBD retailer filed a petition before the D.C. Circuit on Friday asking the court to throw out the U.S. Drug Enforcement Administration's interim final rule on hemp, arguing the agency's regulations ignore the boundaries set by the 2018 Farm Bill.

  • September 18, 2020

    Ex-CBD Co. VP Loses Some Claims In Murder Plot Suit

    A Colorado federal judge has denied a former Folium Biosciences executive's bid to keep her derivative claims alive in a lawsuit accusing the company's leadership of a murder-for-hire plot, saying a magistrate judge was correct that she did not follow proper procedure in bringing the claims.

  • September 18, 2020

    3 Things Attys Still Want To See On IRS Cannabis Website

    The Internal Revenue Service's new marijuana industry website still leaves open a range of unaddressed questions. Here, Law360 explores three topics tax practitioners hope the IRS will shed light on in future guidance.

  • September 18, 2020

    Cannabis Cos. Warned Over Risks Of UK Crime Proceeds Law

    Britain's financial regulator warned on Friday that overseas medical cannabis companies operating in the U.K. must satisfy the government that all of their activities are legal to avoid falling afoul of the Proceeds of Crime Act.

  • September 17, 2020

    Giuliani Allies Charged Over 'Fraud Guarantee' Co. Scam

    Four of Rudy Giuliani's associates already facing charges for allegedly violating campaign finance laws were hit with new wire fraud and campaign finance charges Thursday, with New York federal prosecutors claiming that two of the men deceived investors into paying into a company that never got off the ground ironically named "Fraud Guarantee."

  • September 17, 2020

    Federal Court Wipes Hands Of Maryland Pot Licensing Fight

    Maryland's Medical Cannabis Commission beat back an eight-count complaint after a federal judge said the court had little interest in ruling on state laws that govern the sale of a federally illegal drug.

  • September 17, 2020

    Cannabis Investment Co. Seeks Ch. 11 Protection In Delaware

    Marijuana investment firm Kettner Investments LLC has filed for Chapter 11 protection in Delaware bankruptcy court, saying it is facing the prospect of being sent into receivership by a California court in a dispute with the estate of the owner of a firm it merged with in 2018.

  • September 17, 2020

    MedMen Raises $20M In Debt Financing

    Cannabis retailer MedMen has secured financing worth $20 million through a mix of debt agreements, accepting 18% interest on a portion of the total and offering up generous equity incentives for lenders.

  • September 17, 2020

    Vt. House OKs Legalizing, Taxing Recreational Cannabis Sales

    Vermont would legalize and tax recreational cannabis sales under legislation passed by the state House of Representatives on Thursday afternoon, ending a monthslong stalemate over how to legalize and regulate the substance.

  • September 17, 2020

    USDA Illegally Bestowing Organic Label, Groups Say

    The U.S. Department of Agriculture is undermining a central purpose of organic food laws by allowing hydroponic growers to sell their goods under that premium label, a group of consumer interest advocates and traditional organic farmers has alleged.

  • September 17, 2020

    Pot Co.'s Ex-GC Says He Was Fired Over Age, Whistleblowing

    The former general counsel and director of finance for a Rhode Island medical marijuana dispensary claims he was discriminated against for his age and forced out of the company after he blew the whistle on an executive's alleged self-dealing, according to a federal lawsuit filed Wednesday.

  • September 17, 2020

    House Dems Delay Vote To Deschedule Marijuana

    House Democratic leadership on Thursday kicked a floor vote on a historic bill to deschedule marijuana until after the election amid concerns that lawmakers' focus should not be on marijuana reform while Congress is struggling to finalize a new COVID-19 relief package.

  • September 16, 2020

    Canopy Rivers Floats $63M Write-Down Amid Restructuring

    Cannabis giant Canopy Growth's venture capital arm on Wednesday said it expects to write down up to 82.8 million Canadian dollars ($62.9 million) in investments as a partially owned joint venture entered restructuring and creditor protection in Canada.

  • September 16, 2020

    Akerman Guides Fla. Pot Giant Trulieve's $66M Entry Into Pa.

    Florida-based cannabis company Trulieve announced Wednesday that it will expand into Pennsylvania's medical marijuana market by acquiring two companies for a total of $66 million in a deal steered by Akerman LLP.

  • September 16, 2020

    NJ Nurse's Firing After Failed Drug Test Deemed Legal

    A New Jersey federal judge dismissed a disability bias suit brought against a Hackensack hospital by a nurse with psychiatric conditions, rejecting her argument that her firing after a positive drug test ran afoul of federal and Garden State law.

  • September 16, 2020

    CBD Co. Can't Avoid Stock-Drop Suit, Shareholder Says

    A shareholder behind a derivative suit against executives of CBD company CV Sciences has urged a California federal judge to keep the suit alive, pointing to another judge's ruling allowing a nearly identical case to go forward.

  • September 16, 2020

    Patients' Groups Drop Suit Over Utah's Medical Pot Law

    Two patient-advocacy groups in Utah have dropped their state lawsuit claiming the Beehive State's medical cannabis regime flouted the will of voters by limiting access to the drug, indicating in a filing that the litigation was too burdensome to continue pursuing.

  • September 15, 2020

    Feuerstein Kulick Leads $35M Pot Co. Debt Financing

    Multistate cannabis company Holistic Industries on Tuesday said it raised $35 million in an oversubscribed debt financing round, a deal steered by New York cannabis law firm Feuerstein Kulick LLP.

  • September 15, 2020

    Mo. Agency Evasive In Medical Pot Investigation, Report Says

    A memo written for the Democratic caucus of Missouri's House of Representatives as part of an investigation into the state's medical marijuana program has accused regulators of obstructing the inquiry by withholding documents.

  • September 15, 2020

    Rejected Pa. Medical Pot Licensee Has Right To See Score

    The Pennsylvania Commonwealth Court ruled Tuesday that state regulators' scores on a rejected medical marijuana license application are not exempt from the state's public records law, holding that the scores don't fall under a carveout for certain deliberations.

  • September 15, 2020

    Pa. Medical Pot Applications Should Be Public, Justices Hear

    The public has a right under Pennsylvania's open records law to review applications for the state's coveted medical marijuana licenses, the state's Supreme Court heard on Tuesday morning.

  • September 15, 2020

    House Dems Urge Justices To Hear Pot Legalization Fight

    Seven Democratic U.S. representatives have put their names behind an effort to get the U.S. Supreme Court to take up a former NFL player's bid to decriminalize marijuana, saying the current federal scheme violates federal law and infringes on constitutional rights.

  • September 14, 2020

    Lawsuits Stack Up Over Illinois Pot Dispensary Licensing

    Pressure has ramped up on Illinois' cannabis regulators in charge of retail licensing as dozens of businesses shut out of the upcoming lottery for 75 dispensary licenses have turned to litigation to challenge the regulators' decision-making.

  • September 14, 2020

    Cannabis Attys Press Justices To Hear Pot Legalization Case

    More than a dozen individuals and groups, including the National Cannabis Industry Association and the International Cannabis Bar Association, have joined a growing chorus urging the U.S. Supreme Court to take up a former NFL player's bid to decriminalize marijuana.

  • September 14, 2020

    Trulieve Says Canadian Listing Bars Securities Suits

    Trulieve tried Friday to get out of securities suits consolidated in Florida federal court accusing the medical marijuana company of making misleading statements that led to a stock drop, arguing the anti-fraud provisions of federal securities laws do not apply because Trulieve is listed on the Canadian Securities Exchange.

Expert Analysis

  • Law Firm Hiring Considerations In A COVID-19 Economy

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    Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

  • Cannabis Mergers Skewed Hart-Scott-Rodino Report Data

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    Data in the recently released 2019 Hart-Scott-Rodino report is plagued by nine of 31 significant merger investigations having involved cannabis industry mergers for which credible antitrust concerns were lacking, making meaningful comparison with enforcement efforts in previous years difficult, says Jack Sidorov at Lowenstein Sandler.

  • Fed. Circ. Constraints On PTAB Expertise Are Problematic

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    The recent Patent Trial and Appeal Board ruling in Velasco Diez v. McAllister illustrates the problem with a Federal Circuit precedent holding that the board cannot apply its technical expertise as a substitute for expert witnesses, and it offers an invitation to gamesmanship, say Charles Gholz and Daniel Pereira at Oblon McClelland.

  • Opinion

    Lawyers Must Act To Preserve Democracy This Election

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    COVID-19 concerns and glaring gaps in registration threaten to dampen voter turnout in the 2020 election, so attorneys should take on the problem by leveraging their knowledge and resources in seven ways, says Laura Brill at Kendall Brill.

  • How To Effectively Defend Witnesses In Remote Depositions

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    When a witness is isolated from the defending lawyer during a remote deposition, carefully planning the logistics and building witness confidence are critical to avoiding damaging admissions, say Jessica Staiger at Archer Daniels and Alec Solotorovsky at Eimer Stahl.

  • Whether And How To Compel Remote Arbitration

    Excerpt from Practical Guidance
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    As the pandemic delays in-person arbitration hearings, mediator and arbitrator Theodore Cheng provides arbitrators with a checklist to examine the rationale and authority for compelling parties to participate in remote hearings.

  • The Unique Challenges Of Protecting A Law Firm Brand

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    Recent law firm trademark disputes highlight how the tension between legal ethics rules and trademark law can make it difficult for firms to select brands that are distinctive and entitled to protection, say Kimberly Maynard and Tyler Maulsby at Frankfurt Kurnit.

  • What To Know When Making Dispositive Motions In Arbitration

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    As practitioners increasingly turn to dispositive motion practice within arbitration, they should be aware of the underlying authority for these motions and consider practical guidance for their use, says arbitrator and mediator Janice Sperow.

  • 4 Ways Amicus Briefs Can Support An Overall Legal Strategy

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    The strategic use of amicus briefs can help an appellate court think about a case in a new way and lift an organization's own cause or reputation for legal thought, say Mark Chopko and Karl Myers at Stradley Ronon.

  • Deciding Whether Co-Mediation Is Right For Your Case

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    Not every case requires more than one mediator, but engaging two mediators with different perspectives or expertise can significantly enhance the settlement process in certain disputes — and parties can choose from several co-mediation approaches, say Gail Andler and Cassandra Franklin at JAMS.

  • Roundup

    Black Law Firm Leaders On Improving Diversity In BigLaw

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    In this Law360 Diversity Snapshot series, five Black law firm leaders share their memories of breaking into BigLaw and thoughts on how to increase minority representation in the legal industry.

  • Opinion

    Ariz. Law Firm Ownership Rule Change Is A Win For Clients

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    Arizona just became the first state to abolish an obscure ethics rule that prohibits nonlawyers from investing in law firms — a change that will lower legal service costs, encourage more innovation in the legal industry and improve access to justice, says William Marra at Validity Finance.

  • How To Write A Better Comment Letter On Agency Proposals

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    As the federal government prepares to unveil a revamped online portal for submitting comments on proposed rulemakings, several considerations can help the public provide better feedback to help agencies implement legislation and regulate our activities, say Matt Kulkin and Josh Oppenheimer at Steptoe & Johnson.

  • The Problem With Collectability In Legal Malpractice Cases

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    Attorneys are routinely immunized from malpractice actions when they represent plaintiffs pursuing claims that are not collectable, but an Illinois federal court's recent refusal to protect defense counsel in Newman v. Crane Heyman highlights inconsistency in collectability requirements, says Timothy Parilla at Palmersheim & Mathew.

  • Series

    BigLaw Needs More Underrepresented Attorneys As Leaders

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    Hiring more women, people of color and members of the LGBTQ community to BigLaw positions of power is the first key to making other underrepresented attorneys believe they have an opportunity for a path to leadership, says Ernest Greer, co-president at Greenberg Traurig.

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