Cannabis

  • May 24, 2024

    Petition Watch: Forum Shopping, Monopolies & Gun Safety

    Law360 looks at four U.S. Supreme Court petitions filed in the past two weeks, including the FDA's request that the justices curb an increase in forum shopping at the Fifth Circuit, and two veterinarians who want the justices to allow plaintiffs to pursue antitrust claims for actions allegedly leading to the creation of a monopoly.

  • May 24, 2024

    Fla. Jury Finds Ayahuasca Church Liable For Attendee's Death

    A Florida state court jury has found that an ayahuasca church is liable for the death of a man who used psychedelic drugs at a weekend retreat in 2018, and has determined that the organization and its owner should pay more than $15 million to the man's parents.

  • May 24, 2024

    Judge Finds Cannabis Tracking Suit Targeted Wrong Agency

    A Colorado maker of cannabis edibles lost its bid to block state marijuana regulators from requiring that cannabis companies buy inventory trackers made by Florida-based Metrc, a nationwide vendor of such tags, when a state judge ruled that the edibles-maker sued the wrong agency.

  • May 24, 2024

    Biden's Judicial Impact And What's Left On The Wish List

    President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.

  • May 24, 2024

    NYSE Companies Could Face Heat If Business Focus Changes

    A New York Stock Exchange proposal seeking additional authority to delist companies that enact wholesale business changes after going public could subject certain companies to more scrutiny, attorneys say, though such drastic actions are expected to be rare.

  • May 23, 2024

    Entrepreneur Ordered To Pay $15M For Unlicensed Pot Stores

    A New York state court hit a cannabis seller with a $15 million judgment Thursday after he was found to be selling marijuana without a license at seven locations inside the state, according to an announcement by the state's attorney general.

  • May 23, 2024

    House Members Approve Closing Delta-8 Hemp 'Loophole'

    A U.S. House of Representatives committee on Thursday approved a major change to the statutory definition of hemp and hemp products — which would effectively rewrite national hemp policy if it became law — in the next version of the federal Farm Bill.

  • May 23, 2024

    Kratom Cos. Failed To Warn Man About Risks, Colo. Suit Says

    The parents of a deceased Colorado man allege that four companies that sell kratom are liable for their son's death because of their failure to warn consumers about the risks associated with using the loosely regulated plant-derived substance with opioid-like effects.

  • May 23, 2024

    Wiz Khalifa Settles Suit Over Cannabis Venture

    Rapper Wiz Khalifa has settled a lawsuit filed by the co-owner of his cannabis enterprise who claimed he was cut out of a $20 million deal to license the artist's name and likeness to promote cannabis products.

  • May 22, 2024

    Justices' CFPB Alliance May Save SEC Courts, Not Chevron

    A four-justice concurrence to the U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's unique funding scheme last week carries implications for other cases pending before the court that challenge the so-called administrative state, or the permanent cadre of regulatory agencies and career government enforcers who hold sway over vast swaths of American economic life.

  • May 22, 2024

    Boies Urges Judge To Rethink Precedential Cannabis Case

    Attorney David Boies, representing a group of cannabis companies challenging federal marijuana prohibition, told a Massachusetts federal judge Wednesday that his clients' case should proceed because a U.S. Supreme Court case governing marijuana policy is out of date.

  • May 22, 2024

    Tennessee DA, PD Sued Over $1.35M Seizure Of Legal Hemp

    A Tennessee hemp seller and a wholesaler are suing the city of Spring Hill, its police department and a prosecutor, saying they illegally seized $1.35 million in legal hemp under the belief that it's the "same damn thing" as illegal cannabis.

  • May 21, 2024

    California Atty Takes Aim At Rhode Island Cannabis Program

    A California lawyer who has challenged state and local cannabis licensure programs across the country is accusing Rhode Island marijuana regulators of designing a plan to award cannabis retail licenses that unconstitutionally discriminates against out-of-state players.

  • May 21, 2024

    Medical Marijuana Co. Owes Investor Duo $200K, Suit Says

    A pair of would-be investors in a purported medical marijuana company have sued the enterprise and two of its representatives, claiming repayment of their $200,000 investment was over five months overdue.

  • May 21, 2024

    Martha's Vineyard Pot Shop Battles State Transportation Rules

    A shuttered Martha's Vineyard cannabis dispensary said Tuesday that Massachusetts regulators are overreaching by banning the transport of marijuana over state territorial waters, arguing that the move has threatened permanent closure for the island's only retail location and a return to illicit sales during the impending summer vacation season.

  • May 21, 2024

    Altria Unit Fights Bids To Toss Illegal Vape Sale Suit

    Altria Group Inc. subsidiary NJOY LLC is fighting a pair of bids to dismiss its suit seeking to block illegal sales of flavored vapes, saying it has shown both how it has been harmed by their sale and how preventing the sales would redress its injuries.

  • May 21, 2024

    Strategic Hiring Was The New Normal For BigLaw In 2023

    The 400 largest law firms by headcount in the U.S. grew more slowly in 2023 than in the previous two years, while Kirkland & Ellis LLP surpassed the 3,000-attorney threshold, according to the latest Law360 ranking.

  • May 21, 2024

    The Law360 400: Tracking The Largest US Law Firms

    The legal market expanded more tentatively in 2023 than in previous years amid a slowdown in demand for legal services, especially in transactions, an area that has been sluggish but is expected to quicken in the near future.

  • May 20, 2024

    Mich. Town Hit With $5M Suit Over Weed Dispensary Flip-Flop

    A marijuana retail store developer has sued a Michigan township in federal court, alleging the township violated the state's zoning enabling act and cost it more than $5 million by unconstitutionally blocking its special-use permit to develop a dispensary after initially greenlighting the development.

  • May 20, 2024

    Cops Say Challenge To NJ City Pot Policy Is State Matter

    A pair of former Jersey City, New Jersey, cops who sued city officials alleging they were wrongfully terminated for their off-duty use of regulated cannabis have asserted that the city improperly moved the matter to federal court and that the case belongs under state jurisdiction.

  • May 20, 2024

    Pa. Rehab Center Worker's Firing Suit Filed Too Late

    A Pennsylvania appeals panel won't reinstate a wrongful termination suit by a former rehabilitation center worker who says she was wrongly fired for using medical cannabis, rejecting her argument that her claims should be subject to a six-year statute of limitations instead of two years.

  • May 17, 2024

    Bong Co. Can't Get Early Win In TM Suit Over No-Show Opponent

    The maker of Stündenglass-branded glass infusers was denied a win over a retailer that didn't bother to put up a defense against its trademark infringement suit, after a California federal judge accepted a magistrate's report that the litigious manufacturer still couldn't back up its claims.

  • May 17, 2024

    NY Discovery Reform Feud Simmers Between DAs, Defenders

    Four years after New York imposed new requirements on prosecutors to more promptly hand over evidence to defendants in criminal cases, data suggests that district attorneys’ offices are still struggling to comply. In the meantime, experts and advocates say many are quietly working to tweak the reforms or potentially scale them back.

  • May 17, 2024

    Pot Co. Can Amend Complaint Or Reply To Dismissal Motion

    A Michigan federal judge has given a cannabis company three weeks to either amend its complaint against a former business partner or respond to a motion to dismiss its claims that the former business partner sabotaged a project by convincing investors to put their money elsewhere.

  • May 17, 2024

    Tilray To Raise Money For Deals Amid US Pot Policy Change

    Cannabis lifestyle and consumer packaged goods company Tilray Brands Inc. on Friday said it plans to raise money to fund future acquisitions and expansion, in an announcement that comes just one day after President Joe Biden revealed that his administration is formally relaxing restrictions on marijuana.

Expert Analysis

  • 3 Health Insurance Paths For Psychedelic-Assisted Therapy

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    Ahead of potential U.S. Food and Drug Administration approvals for psychedelics as insured treatments, attorneys at Husch Blackwell review pathways for these drugs to achieve coverage as treatments for complex mental health conditions.

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • Fears About The End Of Chevron Deference Are Overblown

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    While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.

  • Series

    NJ Banking Brief: All The Notable Legal Updates In Q1

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    Early 2024 developments in New Jersey financial regulations include new bills that propose regulating some cryptocurrency as securities and protecting banks that serve the cannabis industry, as well as the signing of a data privacy law that could change banks’ responsibility to vet vendors and borrowers, say attorneys at Chiesa Shahinian.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • Opinion

    Intoxicating Hemp Products: It's High Time For Clarity

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    Thanks to ambiguity in the 2018 Farm Bill, intoxicating hemp cannabinoid products are largely unregulated and are widely available without restrictions on who can buy the products, and although there are several possible solutions, voluntary industry action by good actors is the best option, say Andrew Kline and Tommy Tobin at Perkins Coie.

  • What Rescheduling Could Mean For Cannabis Bankruptcies

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    Bankruptcy courts have historically been closed for cannabis-related businesses, but recent case law coupled with a possible reclassification of cannabis provides cautious optimism, say attorneys at Duane Morris.

  • Series

    Spray Painting Makes Me A Better Lawyer

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    My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.

  • Opinion

    Judicial Independence Is Imperative This Election Year

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    As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.

  • Document Retention Best Practices To Lower Litigation Risks

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    As new technologies emerge and terabytes of data can be within the purview of a single discovery request, businesses small and large should take four document management steps to effectively minimize risks of litigation and discovery sanctions long before litigation ensues, says Kimbrilee Weber at Norris McLaughlin.

  • Series

    Riding My Peloton Bike Makes Me A Better Lawyer

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    Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.

  • Cannabis Case Lights Up Benefits Of Creative IP Protection

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    A recently filed California federal court case, The Holding Company v. Pacific West Distributors, illustrates potential creative strategies cannabis companies can use to build intellectual property rights, such as combining federal and state registrations for copyrights and trademarks, say attorneys at Seyfarth.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • CSA Case Could Shift Intrastate Commercial Cannabis

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    In Canna Provisions v. Merrick Garland, cannabis companies argue that the Controlled Substances Act is unconstitutional as applied to intrastate commercial cannabis activity; the Massachusetts federal court's eventual decision will be important to the cannabis industry for several reasons, including that the threat of federal enforcement would disappear overnight, says Hilary Bricken at Husch Blackwell.

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