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Cannabis
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February 28, 2024
Calif. Judge Denies Ethics Complaint Of Drugs, Antisemitism
A California state judge categorically denied an ethics complaint accusing him of using a cannabis oil vape pen, pantomiming "something similar to a lap dance" on a woman married to a local public defender and repeatedly calling another public defender an antisemitic slur during a camping trip.
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February 28, 2024
Tilray Can't Get Exec's $4M Arbitration Award Tossed
Cannabis company Tilray Brands Inc. can't evade a nearly $4 million arbitration award to a former executive it fired, a federal judge ruled, saying the company's arguments for why the Washington district court should have jurisdiction over a Minnesota arbitration are "wrong on all counts."
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February 28, 2024
Suit Blames Father-Son Mismanagement For Pot Co. Collapse
A member of a Colorado cannabis cultivation and dispensary business is asking a state district court to appoint a receiver over the company, saying a father and son involved have mismanaged the company by buying unlicensed cannabis plants and failing to prepare a processing facility.
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February 28, 2024
Delayed Filing Dooms Bid To Block Maryland Pot Licenses
A Maryland federal judge has denied a cannabis entrepreneur's bid to block the state's social equity license lottery, saying her delay in filing both her suit and the motion for an injunction outweighs the harm she'll suffer from the lottery going ahead.
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February 27, 2024
10th Circ. Backs FDA E-Cigarettes Marketing Denial
The Tenth Circuit on Tuesday upheld the U.S. Food and Drug Administration's denials of two companies' applications to market flavored e-cigarettes, rejecting their argument that the agency secretly planned to reject any applications without long-term studies.
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February 27, 2024
Vape Supplier Asks 9th Circ. To Toss $892K Award
A vape company that supplies products for use with cannabis is asking the Ninth Circuit to overturn a district court decision affirming an $892,000 arbitration award against it in a distributor's contract dispute, saying the district court ignored evidence of fraud.
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February 27, 2024
NJ Town Residents Say Cannabis Laws Violate Federal Law
A group of residents of Highland Park, New Jersey, are suing the town, aiming to overturn town ordinances allowing for the sale and distribution of cannabis, saying they are in conflict with the federal Controlled Substances Act and state law.
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February 26, 2024
Altria Unit Drops Suit Against Dozens Of Vape Makers
Altria Group Inc. subsidiary NJOY has quietly dropped a California federal lawsuit accusing more than 30 vape product makers of breaking state and federal laws by selling flavored tobacco products that are forbidden in the Golden State.
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February 26, 2024
UK Photog Drops Copyright Claims Against Cannabis Co.
A photographer who accused a cannabis licensing firm of using his image of the Empire State Building to push sales without his say-so has quietly dropped his copyright suit in New York federal court.
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February 26, 2024
Vape Wholesaler TM Dispute Booted From Illinois Court
An Illinois federal judge on Monday dismissed a trademark dispute between HS Wholesale Ltd. and HS Global Distribution LLC, saying HS Global doesn't have sufficient contact with the state for the court to have jurisdiction over the claims.
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February 23, 2024
Tribal Biz Atty Must Meet Calif. DA Over Greenhouse Wreckage
A California federal judge has ordered the lawyer for a business owned by a tribal conglomerate to attend a hearing with San Bernardino County's district attorney, saying the lawyer must explain why he forced the DA to file a unilateral status report about the destruction of illegal cannabis greenhouses.
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February 23, 2024
Cannabis Workers Say Co. Imposed Quotas, Didn't Pay Up
California cannabis company Glass House Brands Inc. and a number of its subsidiaries were hit with a proposed class action suit Tuesday claiming it bilked workers out of sick pay, minimum wage and lunch breaks and that it illegally enforced quotas.
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February 23, 2024
Tobacco Cos. Look To Nix COPD Suit Decades After Diagnosis
Tobacco companies R.J. Reynolds and Philip Morris asked a Massachusetts state judge on Friday to end a wrongful death lawsuit brought decades after a woman's COPD diagnosis and nearly three years after her death, pointing to a state high court ruling last summer that affirmed strict time limits for such claims.
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February 23, 2024
NY Clerk Defends Barring Felons From Juries In Dismissal Bid
New York County's commissioner of jurors has urged a federal judge to dismiss a Black public defender's racial bias suit challenging the Manhattan court system's exclusion of people with felony convictions from juries, arguing the attorney fails to allege the exclusion was applied with a discriminatory motive or in a discriminatory way.
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February 23, 2024
Judge Bars Convicted Hemp Co. Exec From Securities Trade
A Manhattan federal judge has barred a hemp company executive from participating in securities trade, after the executive was convicted of fraud and as a suit by the U.S. Securities and Exchange Commission alleging he schemed to misappropriate $1.8 million in investor funds remains pending.
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February 23, 2024
Vaping Co. Attys Get $86K Fees For Contract Suit Win
A Los Angeles judge has awarded $86,334 in fees to attorneys for Germany-based Vaping360 GMBH following the company's $821,040 trial win in a contract dispute over website commissions.
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February 23, 2024
Pot Rescheduling Could Spur Inventory Accounting Change
If cannabis is reclassified to a lower tier under the Controlled Substances Act, it would unlock significant tax benefits for cannabis companies, such as allowing them to take standard business deductions, but they may need to account for their inventories differently to take full advantage.
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February 22, 2024
Bong Co. Can't Win Against Shop That Didn't Appear In Court
The maker of Stündenglass-branded glass infusers shouldn't get a win over a retailer that didn't bother to put up a defense against the manufacturer's trademark infringement suit, a federal court recommended, noting that this is at least the fourth time the company's claims against California smoke shop owners has missed the mark when seeking a default judgment.
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February 22, 2024
'Gullible' Lender Wins $2.8M Judgment Against Cannabis Co.
A businessman who pitched opening a "lucrative cannabis operation" to a lender must pay back the $2.8 million borrowed, a Los Angeles County judge ruled, saying the entrepreneur took "advantage of" the financier's "lack of business sophistication."
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February 22, 2024
Alaska Pot Dispensary Owner Charged With COVID Aid Fraud
An Alaska businesswoman has been indicted on allegations that she used misrepresentations to obtain forgivable loans meant to assist small businesses during the COVID-19 pandemic.
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February 21, 2024
Cannabis CEOs Wasted Wealthy Russian's Money, Suit Claims
Two California businessmen who were given $145 million by a now dead Russian billionaire to begin cannabis growing operations in the state are accused of gross mismanagement and squandering his investment, according to a lawsuit filed in Los Angeles County court.
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February 21, 2024
Judge Won't Strike 'Excessive' $2.3M Tobacco TM Verdict
A federal judge in Atlanta has said he won't reduce a $2.3 million verdict against two Georgia wholesalers of cigarette rolling paper accused of selling knockoffs, saying the jury's determination on the amount of the damages is "something the court cannot second-guess."
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February 21, 2024
Kratom Buyers Say Sellers Hid Opioid-Like Addiction Risks
A pair of kratom users are suing Ashlynn Marketing Group Inc., alleging the company hid the fact that its kratom-based products are addictive in a similar way to opioids while marketing them as safe and natural supplements.
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February 20, 2024
Calif. Tribe Looks To Undo Tobacco Noncompliance Listing
The Twenty-Nine Palms of Mission Indians is suing the U.S. government in California federal court over its decision to place the tribe on a "non-compliant list" under a law that targets illegal tobacco trafficking, arguing that its operations comply with all applicable state laws.
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February 20, 2024
Tenn. Jury Sides With Cops Over Raids On Legal CBD Shops
A Tennessee federal jury rejected claims that a county and local law enforcement engaged in a conspiracy to violate a CBD shop owner's civil rights by raiding and shuttering his and others' stores, despite allegedly knowing that the products he sold were legal under both state and federal law.
Expert Analysis
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Courts Can Overturn Deficient State Regulations, Too
While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.
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Tales From The Trenches Of Remote Depositions
As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.
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Employer Drug-Testing Policies Must Evolve With State Law
As multistate employers face ongoing challenges in drafting consistent marijuana testing policies due to the evolving patchwork of state laws, they should note some emerging patterns among local and state statutes to ensure compliance in different jurisdictions, say attorneys at Troutman Pepper.
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Blunders That Made 'Bakked' Cannabis TM Go Up In Smoke
The Trademark Trial and Appeal Board’s recent denial of National Concessions Group’s application to register the mark “BAKKED” illustrates mistakes that cannabis companies must be wary of in pursuing federal registration as examiners may look beyond the four corners of an application, say attorneys at Seyfarth.
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Level Up Lawyers' Business Development With Gamification
With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.
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Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled
In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.
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Series
NY Banking Brief: All The Notable Compliance Updates In Q2
Among the most significant developments from last quarter, New York regulators and policymakers focused on advancing changes to the supervisory framework for banks after the failure of Signature Bank and continued efforts to keep the Empire State at the forefront of digital asset industry regulation, says Will Giles at Cravath.
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NY, NJ Regs Give Clarity To Cannabis Investors, Ancillaries
Proposed laws and regulations in New York and New Jersey would clarify some previously murky legal waters, thus expanding the ability of investors, lenders and ancillary service providers to work with marijuana business in these states, say David Waxman and Heidi Urness at McGlinchey Stafford.
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5 Ways Firms Can Rethink Office Design In A Hybrid World
As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.
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New Law Will Upend Washington's CBD Industry
Though many questions remain on a Washington law set to go into effect this month that will require retailers to obtain licensure to sell federally legal CBD, the statute’s economic impacts are sure to be enormous, says Jack Scrantom at Harris Bricken.
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Opinion
Bar Score Is Best Hiring Metric Post-Affirmative Action
After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.
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FDA Trends Show Compliance Priorities For Supplement Cos.
Several recent developments at the U.S. Food and Drug Administration affecting dietary supplements provide practical insight into why companies should focus their compliance and risk management operations on the fundamentals, says Nicholas Diamond at Jackson Walker.
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Ghosting In BigLaw: How To Come Back From Lack Of Feedback
Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.
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Novel NLRB Action Highlights Aggressive Noncompete Stance
While a first-of-its-kind noncompete complaint filed by the National Labor Relations Board general counsel against a Michigan cannabis processor recently resulted in a private settlement, the action shows how broadly the general counsel views her authority over such covenants and how vigorously she intends to exercise it, say Erik Weibust and Erin Schaefer at Epstein Becker.
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Steps To Success For Senior Associates
Excerpt from Practical Guidance
Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.