Cannabis

  • February 12, 2024

    9th Circ. Urged To Halt Washington State Pot Licensing

    A Michigan resident and a California lawyer vying for one of Washington state's social equity cannabis licenses are urging the Ninth Circuit to block regulators from issuing the licenses because their program allegedly discriminates against out-of-state players.

  • February 12, 2024

    Cannabis Fintech Withheld $500K In $7.5M Deal, Suit Says

    A Washington state-based fintech firm that provides payment solutions to cannabis retailers failed to pay the final $500,000 in a $7.5 million deal to buy a rival company, according to a breach-of-contract suit filed in Seattle federal court.

  • February 12, 2024

    Cannabis Co. Says Conn. Wrongly Denied Social Equity Status

    A Connecticut cannabis retailer is appealing the denial of its application for one of the state's equity joint venture licenses, saying the Social Equity Council went against state law when it found that the company's co-owner no longer qualified as a social equity applicant.

  • February 09, 2024

    Philip Morris PTAB Win Overturned At Fed. Circ.

    The Federal Circuit issued a precedential ruling on Friday that overturned a patent board finding that two claims in a patent owned a R.J. Reynolds subsidiary did not do what it described, a week after Reynolds' parent company privately settled its legal fight with Philip Morris over competing tobacco and vape products.

  • February 09, 2024

    Cigar Co. Doesn't Own 'Dragon' TM, Rival's Dismissal Bid Says

    The defendant in a trademark infringement suit from a cigar company has asked a Florida federal court to dismiss the case, saying that the plaintiff doesn't even own the registered marks it claims were infringed.

  • February 09, 2024

    DEA Wrong To Block Psilocybin Therapy, 9th Circ. Told

    The Drug Enforcement Administration was wrong to deny a Seattle-based physician's request to treat terminally ill patients with psilocybin, the active ingredient in psychedelic mushrooms, under right-to-try laws, the Ninth Circuit was told recently.

  • February 09, 2024

    Pot Patients Say NM Insurance Case Triggers CAFA Exception

    A medical cannabis company doing business in New Mexico and several patients say a proposed class action over insurance coverage for medical cannabis belongs in state court partly because the case triggers a Class Action Fairness Act exception depriving federal jurisdiction that would otherwise be offered.

  • February 08, 2024

    Cannabis Co. Sues Colorado Regulators Over Tracking Rules

    A Colorado company that makes edible cannabis products has sued state regulators over what it describes as a confusing series of regulatory moves in recent months regarding the tracking of cannabis products and their insistence on the use of a particular tracking device through a state contractor.

  • February 08, 2024

    2nd Circ. Appoints Goodwin To Suit Over Fake Pot In NY Jail

    The Second Circuit has revived an incarcerated man's lawsuit seeking damages for his exposure to secondhand smoke from synthetic cannabinoid illicitly smuggled into a jail in Orange County, New York, saying his case has "potential merit," and appointed Goodwin Procter LLP as his counsel.

  • February 08, 2024

    Aurora Cannabis Buys No. 2 Australian Medical Pot Co.

    Aurora Cannabis Inc. said Thursday it has purchased the remaining roughly 90% equity interest of MedReleaf Australia that it doesn't already own at an enterprise value of AU$50 million ($32.5 million), in a cash and stock deal that the Canadian pot company said makes it the "largest global medical cannabis company operating in nationally legal markets."

  • February 08, 2024

    Pot Co. Owner Aims to Halt Md.'s Equity License Lottery

    The owner of a cannabis dispensary that was denied a spot in Maryland's lottery for social equity licenses is asking a federal court to put a halt on the lottery, saying she'll suffer irreparable harm because of the state's violation of the Constitution's dormant commerce clause.

  • February 07, 2024

    Ark. Urges 8th Circ. To End Block On New Hemp Law

    The state of Arkansas has told the Eighth Circuit that its new law banning intoxicating products with compounds derived from hemp is not preempted by federal statute and a lower court judge erred by ordering the state to halt enforcement of the new policy.

  • February 07, 2024

    Chemists Settle Suit Over CBD Refining Method

    Two chemists who claim to have developed a technique for turning CBD into a substance 10 times more valuable and the Utah-based cannabis company that hired them have agreed to settle claims that they were each defrauded by the other party, according to a notice filed in Colorado federal court.

  • February 07, 2024

    NJ Cop Union Agrees Gun Law Doesn't Disturb State Pot Law

    The New Jersey State Policemen's Benevolent Association said Wednesday that a federal gun control law and the state's cannabis legalization law don't clash with each other, supporting the state attorney general and police's bid to toss Jersey City's suit in federal court.

  • February 07, 2024

    Investor Wants Fla. CBD Co.'s Atty DQ'd In Fraud Suit

    An investor in a Florida health goods company asked a federal judge Wednesday to disqualify an attorney from representing a company principal, saying the attorney should instead testify at trial because he knows about relevant contract negotiations.

  • February 07, 2024

    Mass. Atty Gets 2 Years For 'Corruptly' Pushing Pot Bribe Plot

    A former Massachusetts attorney "violated his oath corruptly" by bribing a police chief with payments to his brother to win a local marijuana license for a client, a federal judge said Wednesday as he handed down a two-year prison term.

  • February 07, 2024

    5th Circ. Judge Doubts Samsung On Hook For Exploding Vape

    A Texas man injured when a Samsung battery in his e-cigarette exploded faced resistance from a Fifth Circuit judge Wednesday who disputed the idea the technology company could face a state personal injury suit just because its batteries were shipped to the Lone Star State for other purposes. 

  • February 06, 2024

    Calif. Lawmakers Pitch New Psychedelics Treatment Bill

    California lawmakers on Tuesday introduced a bipartisan proposal to regulate the therapeutic administration of nature-derived psychedelics after the governor vetoed a previous proposal last year.

  • February 06, 2024

    Calif. Judge Axes Suit Over Pot Destroyed On Tribal Land

    A California federal judge has dismissed a marijuana grower's lawsuit against local law enforcement officials who he claims improperly seized and destroyed his crop lawfully grown on tribal land but is giving him another shot at filing, though she said "it seems unlikely" the farmer's suit will ultimately survive.

  • February 06, 2024

    Hemp Organization Tells 8th Circ. Delta-8 Products Are Lawful

    A hemp industry trade organization on Tuesday urged the Eighth Circuit to uphold a lower court's order blocking enforcement of a new Arkansas law that bans hemp-derived intoxicants, saying the products were lawful under the federal law that legalized hemp.

  • February 06, 2024

    NASCAR Museum Owner Still Bad-Mouthing ITG, Court Told

    The owner of a North Carolina museum dedicated to the NASCAR Winston Cup has willfully violated a settlement agreement with ITG Brands LLC by allegedly continuing to disparage the tobacco giant on social media and in interviews, the state Business Court heard during a hearing Tuesday.

  • February 06, 2024

    Dispensary Says State Agency Delayed Shutdown Ruling

    An Oklahoma dispensary is asking a state court to step in and force the state's medical cannabis regulator to make a final judgment on whether its operations should remain suspended, saying it's losing $20,000 every day it can't be in business.

  • February 05, 2024

    Psychedelics Bill Roundup: Mass. Proposal Enters Legislature

    A citizen-led effort to legalize personal use and possession of natural psychedelics in Massachusetts entered the state Legislature this week, a Hawaii bill to regulate therapeutic use of psilocybin is scheduled for its first hearing, and Indiana lawmakers advanced a bill to fund research into psilocybin treatment. Here are the major developments in psychedelic legislation from the past week.

  • February 05, 2024

    Ayahuasca Church Asks 11th Circ. To Rehear DEA Fight

    A Florida church has asked the Eleventh Circuit to reconsider a ruling affirming the U.S. Drug Enforcement Administration's denial of a request to use the psychedelic substance ayahuasca for religious purposes, arguing that the majority made a "precedent-setting error."

  • February 05, 2024

    Hospital Says Ohio Pot Law Doesn't Ax Employee Discipline

    An Ohio hospital sued its workers' union in federal court, arguing it shouldn't have to accept an arbitration decision that rescinded an employee's discipline for testing positive for marijuana, because a recent law codified by a cannabis decriminalization ballot initiative preserves employers' ability to punish workers for positive tests.

Expert Analysis

  • Firm Tips For Helping New Lawyers Succeed Post-Pandemic

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    Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.

  • How The Fla. AG Is Impeding Recreational Marijuana

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    Florida Attorney General Ashley Moody has again vowed to stand in the way of a measure on a ballot proposal to legalize the adult use of recreational marijuana, which followed guidance from a previous Florida Supreme Court decision — and if the court sides with her, proponents will be left at an impasse, say Daniel Russell and Daniel McGinn at Dean Mead.

  • Prepping Your Business Ahead Of Affirmative Action Ruling

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    The U.S. Supreme Court's upcoming ruling on whether race should play a role in college admissions could potentially end affirmative action, and companies will need a considered approach to these circumstances that protects their brand power and future profits, and be prepared to answer tough questions, say Nadine Blackburn at United Minds and Eric Blankenbaker at Weber Shandwick.

  • Tackling Judge-Shopping Concerns While Honoring Localism

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    As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.

  • Potential Risks And Benefits Of NY Cannabis Crop Rescue Act

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    Though proposed legislation in New York would help struggling cannabis farmers by allowing them to sell their crops directly to consumers, it poses numerous challenges for retailers and the state’s regulatory framework — and striking the right balance here will be crucial to shaping a sustainable, equitable industry, say Meaghan Feenan and William Wolfe at Harris Beach.

  • Perspectives

    How Attorneys Can Help Combat Anti-Asian Hate

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    Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.

  • Opinion

    Congress Needs To Enact A Federal Anti-SLAPP Statute

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    Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.

  • Legal Pitfalls To Watch For When Advertising Psychedelics

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    As psychedelic products and related therapeutic services make their way into the mainstream, companies engaged in creating or publishing ads for such products and services should consider several legal implications on federal, state and local levels, says Dorian Thomas at Frankfurt Kurnit.

  • Roadblocks For Cannabis Employers Setting Up 401(k) Plans

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    Though the Internal Revenue Code and the Employee Retirement Income Security Act generally allow cannabis businesses to establish 401(k) plans for their employees, companies must still pick their way through uncertainties around tax deductions and recruiting reliable vendors, say attorneys at Shipman & Goodwin.

  • Some Client Speculations On AI And The Law Firm Biz Model

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    Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.

  • A Lawyer's Guide To Approaching Digital Assets In Discovery

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    The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.

  • Opinion

    High Court's Ethics Statement Places Justices Above The Law

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    The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.

  • Opinion

    Time For Law Schools To Rethink Unsung Role Of Adjuncts

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    As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.

  • Tips For In-House Legal Leaders In A Challenging Economy

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    Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.

  • What Associates Need To Know Before Switching Law Firms

    Excerpt from Practical Guidance
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    The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.

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