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Cannabis
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October 03, 2025
Vape Cos. Tell 5th Circ. FDA Erred On Flavored E-Cigs
Multiple vaping companies told the Fifth Circuit that the U.S. Food and Drug Administration overstepped its authority when it blocked approval of their flavored e-cigarettes since it skipped a full review of the available information, including the regulator's own survey data showing that minors aren't using them.
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October 03, 2025
Pot Co. Urges 9th Circ. To Revive Labor Peace Law Challenge
A cannabis retailer challenging the constitutionality of a California law that requires marijuana businesses to have labor peace agreements with unions is urging the Ninth Circuit to revive its lawsuit against the state.
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October 03, 2025
The Roberts Court At 20: How The Chief Is Reshaping America
Twenty years after John Roberts became the 17th chief justice of the United States, he faces a U.S. Supreme Court term that's looking transformative for the country and its institutions. How Justice Roberts and his colleagues navigate mounting distrust in the judiciary and set the boundaries of presidential authority appear increasingly likely to define his time leading the court.
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October 02, 2025
8th Circ. Won't Rehear Worker's Wrongful THC Firing Case
The Eighth Circuit on Wednesday declined to review its decision affirming a win for Peco Foods Inc. against a worker who claims he was wrongfully fired after testing positive for THC, keeping in place a panel ruling that Arkansas' at-will employment doctrine allowed for the termination.
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October 02, 2025
Investors Claim $1.7M Stolen In Colorado Pot Co. Fraud
The partial owner of a now-defunct marijuana company in Boulder, Colorado, has been accused in a state court lawsuit of conning investors out of more than $1.7 million by claiming they were buying into a grow and dispensary operation while actually pocketing "some or all" of the money.
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October 02, 2025
Fla. Appeals Court Seeks Higher Guidance On Pot Smells
A man searched by police officers due to a marijuana odor emanating from a car he was sitting in cannot have the fact that drugs were found in his sock be suppressed, a Florida state appeals court affirmed while asking the state's highest court to clarify whether police could search him today under such circumstances.
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October 02, 2025
4 Mass. Rulings You May Have Missed In September
One attorney scored an early exit from a malpractice suit, another must face a long-delayed arbitration, and a judge has requested more information on a proposed settlement in a class action brought by gamblers at a Massachusetts casino. Here are four rulings from Suffolk Superior Court's business litigation session in September.
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October 02, 2025
Vaping Co. Escapes Fume 5% Nicotine Label Suit, For Now
A Florida federal judge has tossed a proposed class action claiming that vape company QR Joy Inc. falsely advertises its Fume vaping products as having 5% nicotine when it is more than the amount in a combustible cigarette, saying it's a "shotgun" pleading.
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October 02, 2025
Oregon Cannabis Wholesaler Challenges Interstate Sales Ban
An Oregon marijuana and hemp wholesaler alleged in a new federal lawsuit Wednesday that a state law prohibiting interstate sales of locally cultivated cannabis is unconstitutional.
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October 02, 2025
Wis. E-Cig Law Treads On FDA's Turf, Vape Cos. Tell 7th Circ.
A group of vaping interests is urging the Seventh Circuit to issue an order blocking enforcement of a new Wisconsin law prohibiting the sale of e-cigarettes not approved by federal regulators, saying the district court was wrong in finding that the law is not preempted by the Food, Drug, and Cosmetic Act.
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October 01, 2025
LIRR Won't Owe Worker Back Pay Over Pot Firing
A New York federal judge ended a union's lawsuit seeking to secure back pay for a Long Island Rail Road worker who was fired after testing positive for marijuana but subsequently reinstated, saying the arbitration panel in the grievance acted within its authority under the Railway Labor Act.
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October 01, 2025
Ex-Akerman Employment Partner Accuses Firm Of Race Bias
A veteran employment attorney alleges in a California state lawsuit that Akerman LLP treated her less favorably than her non-Latino and male colleagues, including requiring her to deliver bad news to other attorneys' clients and not giving her adequate support staff, before firing her in retaliation for taking medical leave.
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October 01, 2025
LA Pot Cos. Kept Tips, Denied Breaks, Budtender Claims
The owners of the Herbarium chain of dispensaries in Los Angeles fired a budtender after she spoke up about unpaid overtime, the lack of lunch breaks and stolen tips, according to a wrongful termination suit and a proposed class action she filed in state court.
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October 01, 2025
Justices Asked To Review Gun Ban For Marijuana Users
A marijuana user has asked the U.S. Supreme Court to hear his case arguing that a federal law prohibiting drug users from owning guns runs afoul of the Second Amendment.
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October 01, 2025
Judge Warns Of 'Bickering' In Creditor's Row With Law Firm
An Illinois federal judge on Wednesday gave Chicago law firm Johnson & Bell LLP just under two weeks to produce records or a privilege log to a New York creditor who says the firm unlawfully "paid itself" with a client's $500,000 settlement, and encouraged the parties to "take a breath" in what she called one of the most contentious cases on her docket.
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October 01, 2025
4th Circ. Nixes Cannabis Entrepreneur's Rehearing Bid
The Fourth Circuit on Tuesday rejected a California cannabis entrepreneur's request for an en banc rehearing of her case after a panel rejected her bid to upend Maryland's marijuana social equity licensing program.
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October 01, 2025
Mass. Court May Reluctantly Back DQ In Cannabis Feud
A "frustrated" intermediate appellate court in Massachusetts appeared unlikely Wednesday to second-guess a lower court's disqualification of counsel in a dispute over control of a cannabis business, even as it questioned whether it would make any difference in the ultimate outcome.
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September 30, 2025
Pot Broker Sues Over Misclassification, Seeks Lost Wages
A Florida-based company that sells cannabis franchises is accused of illegally classifying an employee as an independent contractor in order to avoid paying him "hundreds of hours" in wages and benefits he earned as a salesman, according to a lawsuit filed Tuesday in Massachusetts federal court.
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September 30, 2025
Wis. Legislators Trying Again To Legalize Medical Cannabis
Republican state lawmakers in Wisconsin have introduced a bill to legalize smokeless cannabis products for medical use, more than a year and a half after a similar proposal died.
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September 30, 2025
Altria Loses Out On $38M Refund On Foreign Subsidiaries
Tobacco products maker Altria is not entitled to a $38 million tax refund on foreign subsidiaries, a Virginia federal court found, saying the company was an indirect shareholder through its interest in Anheuser-Busch and therefore owes taxes on its portion of the subsidiaries' income.
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September 29, 2025
Supreme Court Considers 7 Patent Petitions
The U.S. Supreme Court held its first conference Monday, presenting the justices with several petitions of interest to patent practitioners before the court's new term kicks off next week.
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September 29, 2025
Trulieve Says Berkshire Hathaway Must Defend Death Suit
An insurance company owned by Berkshire Hathaway has a duty to provide legal defense for Trulieve, which is being sued in Massachusetts state court over a cannabis worker's death, the medical marijuana company argued, telling a federal court that the insurer's responsibility is immediate, even if it turns out the policy doesn't actually cover the suit.
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September 29, 2025
Congress Members Urge Hemp Regulation, Not Prohibition
A bipartisan group of House lawmakers are coming out against language in an agriculture appropriations bill that would "deal a fatal blow" to the hemp industry, urging the chamber's leader instead to seek hemp regulation.
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September 29, 2025
10th Circ. Backs DOJ's Prosecution Of Okla. Cannabis Atty
The Tenth Circuit has decided that the federal prosecution of an Oklahoma attorney accused of helping clients bypass the state's medical marijuana laws could proceed despite a federal policy that bars the U.S. Department of Justice from using funds to target state legal medical cannabis activity.
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September 29, 2025
Billboard Co. Says Pot Ad Ban Violates 1st Amendment
A billboard advertising company is suing a California city in federal court, saying newly enacted ordinances banning cannabis dispensaries from off-site advertising violate the First Amendment.
Expert Analysis
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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Psychedelic Treatment Regs May Be At A Tipping Point
Recent scientific and public attention suggest that development of psychedelics as treatment for some conditions may be at a tipping point, which could bring on more rapid change and opportunities for stakeholders who may in the future benefit from greater access to safe and effective psychedelic medicines, say attorneys at King & Spalding.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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DOJ May Rethink Banning Firearms For Marijuana Users
In light of various federal circuit court decisions and an executive order from President Donald Trump, U.S. Department of Justice enforcement policy now may be on the verge of changing decidedly in favor of marijuana users' gun rights, and could foreshadow additional marijuana-friendly reforms, says Jacob Raver at Dentons.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.