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Cannabis
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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.
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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.
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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.
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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.
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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.
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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."
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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."
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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.
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February 05, 2024
Pot Merchant Must Pay Partner $6.4M Over Ownership Spat
A cannabis entrepreneur and his company can't escape $6.4 million in damages owed to a former business partner who was shunted from the thriving venture, a Colorado federal judge has held, finding the court could hear a dispute stemming from businesses in the industry.
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February 02, 2024
Birmingham, Ala., Hit with $4.5M Verdict Over Police Shooting
An Alabama federal jury hit the city of Birmingham with a $4.5 million verdict over a fatal police shooting, finding that a city officer violated the constitutional rights of two people when he fired upon them while they were immobilized in a vehicle at the end of a car chase.
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February 02, 2024
Pot Licensing Dustup Dropped From Federal Court For Now
A Michigan federal judge has paused a lawsuit that two cannabis retailers filed against a Michigan city and potential rivals — expressing hope that progress in a tangle of disputes at the state level regarding city licenses to sell recreational marijuana will prevent the need for the federal suit to resume.
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February 02, 2024
Court Denies Bid To Halt NY Cannabis Retail Licensure
A New York federal judge on Friday denied a California attorney's bid to halt retail cannabis licensing in the state, finding that the dormant commerce clause argument he advanced was likely to fail and that public interest favored allowing regulators to continue to reward licenses.
Expert Analysis
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A Lawyer's Guide To Approaching Digital Assets In Discovery
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.
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Opinion
High Court's Ethics Statement Places Justices Above The Law
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.
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Opinion
Time For Law Schools To Rethink Unsung Role Of Adjuncts
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.
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Tips For In-House Legal Leaders In A Challenging Economy
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.
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What Associates Need To Know Before Switching Law Firms
Excerpt from Practical Guidance
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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Cannabis Supercenters: Key Benefits And Legal Issues
Barstow, California’s novel plan to convert an abandoned mall into a cannabis supercenter could offer a potential blueprint for cannabis companies to thrive in a saturated market and for communities to repurpose underutilized retail spaces — but certain financing, zoning and leasing issues will need to be assessed, says Christopher Gordon at Fox Rothschild.
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A Case For Sharing Mediation Statements With Counterparties
In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.
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Preparing For Legal Scrutiny Of Data Retention Policies
Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.
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Opinion
Attorneys Should Have An Ethical Duty To Advance DEI
National and state bar associations are encouraging attorneys to apply diversity, equity and inclusion practices in the legal profession and beyond, and these associations should take it one step further by formally recognizing ethical duties for attorneys to promote DEI, which could better the legal profession and society, says Elena Mitchell at Moore & Van Allen.
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Data-Driven Insights Are Key To Attracting Today's Clients
As law firm growth slows and competition for clients increases, modern firms must rely on robust data analytics to develop the sector-based expertise and industry insights that clients increasingly prioritize in relationships with counsel, says Lavinia Calvert at Intapp.
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Ghosting In BigLaw: Why Better Feedback Habits Are Needed
Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.
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Calif. Ruling Adds Employer Considerations On Email Policies
Following a California appellate court's recent decision disqualifying an attorney in Militello v. VFarm 1509, companies should take steps to explicitly inform employees of email monitoring, as it could affect the admissibility of email evidence if a dispute arises, say Shawn Ogle and David Sarfati at Atkinson Andelson.
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Rebuttal
Law Needs A Balance Between Humanism And Formalism
A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.
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Short Message Data Challenges In E-Discovery
As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.
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Opinion
Thomas Report Is Final Straw — High Court Needs Ethics Code
As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.