Cannabis

  • June 24, 2022

    Juul Wants Okla. Tribe's Nuisance, Product Safety Claims Cut

    Juul Labs Inc. has asked a federal court to trim an Oklahoma tribe's bellwether suit against the electronic-cigarette manufacturer, arguing that its public nuisance and consumer protection claims are not viable under recent interpretations of Sooner State law.

  • June 24, 2022

    Ariz. Judge Says Dispensary Must Rehire Union Organizer

    An Arizona cannabis dispensary must rehire a sales associate it fired in 2020 after she ran a unionization campaign at the store, an Arizona federal judge has ruled, granting an injunction request from a National Labor Relations Board official.

  • June 24, 2022

    Texas Justices Say Smokable Hemp Ban Is Constitutional

    The Texas Supreme Court on Friday upheld a state ban on the manufacture and processing of smokable forms of nonpsychoactive hemp, finding that the hemp purveyors who challenged the law did not have a constitutionally protected interest affected by the ban.

  • June 24, 2022

    Mass. Atty Charged In Pot Shop 'Pay-To-Play' Scheme

    A Massachusetts attorney floated an illegal "pay-to-play scheme" to bribe a local police chief for his vote of approval for a proposed marijuana store in the city, federal prosecutors said Friday.

  • June 24, 2022

    DC Circ. Blocks Enforcement Of FDA's Juul Vape Ban

    The D.C. Circuit on Friday granted Juul Labs Inc. an administrative stay on the U.S. Food and Drug Administration's decision to pull its e-cigarette products from the shelves, the same day the vape maker had asked the court to block the ban.

  • June 24, 2022

    Supreme Court Overturns Roe v. Wade

    The U.S. Supreme Court on Friday upheld a Mississippi abortion ban and overturned the constitutional abortion right established nearly 50 years ago in Roe v. Wade, setting the stage for a widespread rollback of abortion rights in many statehouses around the country.

  • June 23, 2022

    Md. Defense Atty Gets Over 4 Years For Money Laundering

    A Baltimore defense attorney has been sentenced to nearly five years in federal prison for using his firm's accounts to launder more than $1 million in drug money, according to the U.S. Department of Justice.

  • June 23, 2022

    Pot Advocates Ask 8th Circ. To Put Neb. Election Law On Ice

    A Nebraska state law that would require medical marijuana advocates to collect signatures from a wide swath of rural counties to get a legalization initiative on the ballot is unconstitutional, advocates have told the Eighth Circuit.

  • June 23, 2022

    NY Cannabis Regulators Hire First Chief Equity Officer

    New York state cannabis regulators on Thursday approved the hiring of a point person to lead the state's efforts on social equity and agreed to open applications for adult-use cannabis processors starting next week.

  • June 23, 2022

    CBP Settles FOIA Suit Over Foreign Pot Workers Policy

    U.S. Customs and Border Protection and Davis Wright Tremaine LLP have settled a Freedom of Information Act suit the firm filed over reports the agency decided Canadian cannabis workers weren't eligible to enter the U.S., which led to an overturned internal document contradicting officials.

  • June 23, 2022

    New Pot Banking Bill Introduced As SAFE Banking Act Falters

    Members of Congress on Thursday introduced new legislation to grant state-legal cannabis businesses access to financial services as reports emerged that the so-called SAFE Banking Act had been cut from another piece of legislation known as the America Competes Act.

  • June 23, 2022

    23 AGs Call For Congress To Act On 'Copycat' THC Edibles

    A group of 23 attorneys general in a letter has asked the leaders of the U.S. House of Representatives and the U.S. Senate to take action against THC products that are marketed and packaged like name-brand snacks, saying they have led to accidental exposure to the drug, especially in children.

  • June 23, 2022

    FDA Orders Juul E-Cigs Off Shelves

    The U.S. Food and Drug Administration on Thursday officially said it was ordering e-cigarette giant Juul's products off the market, capping off a two-year review process of its tobacco and menthol-flavored vaping products.

  • June 22, 2022

    Giuliani Associate Lev Parnas Urges No Prison At Sentencing

    Former Rudy Giuliani associate Lev Parnas is hoping to avoid prison time when he's sentenced next week for campaign finance violations as well as conspiring to defraud investors in his anti-fraud startup, arguing that he'd cooperated with Congress with its impeachment inquiry into former President Donald Trump.

  • June 22, 2022

    Wash. Pot Regulator Had Power To Pull License Application

    Washington state's cannabis regulator was within its authority to cancel a would-be marijuana retailer's license application, a state appeals court ruled on Wednesday.

  • June 22, 2022

    Wrigley Heir, Cannabis Co. Want Investor Fraud Suit Nixed

    Cannabis operator Parallel and its former CEO, who is also heir of the Wrigley chewing gum fortune, have asked a Florida federal court to toss a shareholder suit demanding at least $25 million in damages for purported securities fraud, arguing it is "not a case of fraud but of disappointed investors."

  • June 22, 2022

    Calif. Pot Co. Nabs Atty Fees In License Fight With LA Suburb

    Cannabis company From the Earth LLC won its request seeking nearly $60,000 in attorney fees from a Los Angeles suburb that had spent years trying to nix a lawsuit the company filed over a purported kickback scheme tied to the issuance of cannabis licenses.

  • June 22, 2022

    11th Circ. Tosses Fla. Nursery's Pot License Dispute

    The Eleventh Circuit on Wednesday tossed a Florida plant nursery's lawsuit against the state health department, finding the company's due process rights were not violated when regulators declined to review its application to grow medical marijuana.

  • June 22, 2022

    SPAC's Pivot From Cannabis Burned Investors, Suit Says

    Directors of a former blank-check company have been hit with a derivative shareholder suit in a California federal court alleging that they breached their fiduciary duty to investors when they took the embattled space industry company Momentus public after initially targeting the cannabis industry so they wouldn't have to repay investors.

  • June 22, 2022

    LG Chem Loses Exploding Battery Jurisdiction Fight in Ohio

    The Ohio Supreme Court on Wednesday rebuffed LG Chem Ltd.'s request to toss on jurisdictional grounds a lawsuit filed by two men who said they were seriously injured when batteries they bought for electronic cigarettes exploded in their pockets.

  • June 22, 2022

    Senior Home, Medical Pot User Resolve Suit Over Job Denial

    A medical cannabis user and an assisted living facility she said violated the Americans with Disabilities Act by yanking her job offer have agreed to end her lawsuit, according to a Wednesday filing in Pennsylvania federal court.

  • June 21, 2022

    Mitchell Sandler Taps OCC, Cannabis Banking Pro As Partner

    Financial services law firm Mitchell Sandler LLC has brought on a new partner whose 15 years of financial services experience includes creating a cannabis banking program at California bank Luther Burbank and working as a trial attorney for the Office of the Comptroller of the Currency.

  • June 21, 2022

    High Court Won't Hear Medical Cannabis Workers' Comp Case

    The U.S. Supreme Court on Tuesday declined to hear an appeal weighing whether the Controlled Substances Act preempts a state workers' compensation law requiring employers to reimburse an injured worker for medical cannabis.

  • June 21, 2022

    'Party On': Pun-Packed 5th Circ. Ruling Hands Brewers A Win

    The Fifth Circuit affirmed a lower court decision allowing two Lone Star State breweries to sell their products to-go in a ruling packed with drinking references and puns that the court said would have "stout implications for craft brewers in Texas."

  • June 21, 2022

    High Court Won't Hear Medical Cannabis Insurance Challenge

    The U.S. Supreme Court on Tuesday declined to hear an appeal from a medical cannabis patient challenging whether federal drug policy should preempt state laws requiring compensation for certain medical cannabis costs.

Expert Analysis

  • Advising A Cannabis Business Amid Patchwork Of Regs

    Excerpt from Practical Guidance
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    As the cannabis industry continues to grow, so does its widely varied patchwork of local, state and federal regulation, and practitioners should familiarize themselves with the specific rules on tax, real estate, intellectual property and banking applicable in the jurisdictions where their clients operate, say Patrick Hines and Fallon Martin at Hodgson Russ.

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

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    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

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    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

  • LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

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    A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

  • 1st Amendment May Help Cannabis Cos. Beat TM Claims

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    Frederic Rocafort at Harris Bricken explains how the First Amendment’s free speech protections may present a legal recourse for cannabis brands facing trademark infringement claims — if they can show that their parodic marks have artistic relevance and do not intentionally mislead consumers.

  • 8 Steps To Creating A Legal Ops Technology Road Map

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    Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

  • The Importance Of Data And Data Analysis In Litigation

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    Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

  • Lingering Questions After 9th Circ.'s Delta-8 TM Ruling

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    The Ninth Circuit’s recent holding in AK Futures v. Boyd Street that Delta-8 THC is legal should theoretically lead to the issuance of federal registration for marks covering such products, but key questions remain on intellectual property rights, congressional priorities, regulators’ stance and state law, say attorneys at Goodwin.

  • CBD Cos. Must Beware COVID Claims Amid Gov't Scrutiny

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    In light of the latest batch of warning letters issued jointly by the U.S. Food and Drug Administration and Federal Trade Commission, CBD companies should ensure their websites and social media do not make misrepresentations about their products’ ability to treat or prevent COVID-19, says Michelle Bodian at Vicente Sederberg.

  • Untangling A Web Of State Regulations For Cannabis Lounges

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    Though a number of states have legalized adult-use marijuana, progress toward widespread licensing of cannabis consumption lounges has been slow due to high operational costs and regulatory complexities that vary greatly from state to state, say Meital Manzuri and Alexis Lazzeri at Manzuri Law.

  • Steps Companies Can Take To Mitigate Privilege Labeling Risk

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    Although Google prevailed on a recent privilege labeling sanctions motion, an important takeaway from the decision is that companies should assess their in-house procedures and employee training programs regarding privileged communications to mitigate risks of the potential appearance of bad faith privilege claims, say Gareth Evans at Redgrave and e-discovery attorney James Hertsch.

  • What Litigation Funding Disclosure In Delaware May Look Like

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    A standing order issued by Delaware's chief federal judge requiring litigants to disclose whether their cases or defenses are being financed by third parties is unlikely to have onerous effects but may raise questions regarding potential conflicts of interest and access to justice, say Cayse Llorens and Matthew Oxman at LexShares.

  • Tips For Avoiding Cannabis Patent Infringement Lawsuits

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    Cannabis companies can be proactive in addressing potential patent infringement issues at the front end with tactics ranging from clearances to inter partes review in order to avoid expensive consequences that competitors have recently suffered, including product exits, says Patrick Muffo at Seyfarth.

  • How In-House Legal Leaders Can Drive Corporate Growth

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    Today, more executives are seeking legal leaders who are strategic, adaptable thinkers, making it essential that in-house counsel get out of their comfort zone of legal advice and take several steps to contribute toward revenue growth and raise their profile, says Tim Parilla at LinkSquares.

  • The Future Of Legal Cannabis In The Nation's Capital

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    After emergency legislation to close unregulated marijuana gifting establishments recently failed in the D.C. Council following years of barriers imposed by the U.S. Congress, the future of legal cannabis in Washington is uncertain — but some scenarios have emerged as more likely than others, say Seth Gitner and Jonathan Havens at Saul Ewing.

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