Cannabis

March 27, 2024
Fla. Panel Reverses $43M Judgment In Tobacco Suit

Florida's Third District Court of Appeal on Wednesday reversed a $43 million judgment against Philip Morris USA Inc. in a wrongful death case, issuing a split decision stating that hearsay testimony allowed during the trial wasn't offered to prove that the female decedent believed filtered cigarettes were safe.
March 27, 2024
Chancery Sides With Cannabis Company On Legal Fees Row

A Delaware Court of Chancery judge at a Wednesday hearing gave Left Coast Ventures Inc. time to fulfill a court order requiring it to cover legal fees for three former directors of the cannabis company defending a merger-related suit, after a company attorney told the judge the money will be coming.
March 27, 2024
Cannabis Real Estate Firm Gets $20.2M In Fraud Verdict

A Los Angeles County court has awarded a pair of cannabis real estate firms $20.2 million in a suit alleging they were defrauded of more than $14 million in a scheme by a business owner who falsely represented that he'd owned several cannabis facilities in the state.
March 27, 2024
Cannabis Retailer Sues To Revive Union Decertification Bid

A western Massachusetts cannabis retailer has asked a state court to reinstate an employee's petition to decertify a budding local of the United Food and Commercial Workers Union, which was dismissed by a state labor board following a settlement of separate prohibited practices complaints.
March 26, 2024
Calif. Pot Co. Glass House Seeks Toss Of Competition Suit

Cannabis company Glass House Brands Inc. urged a Los Angeles County court to toss a competitor's lawsuit accusing it of intentionally peddling most of its goods to retailers who sell on the illicit market, arguing that the court shouldn't step on the toes of the state's cannabis authority.
March 26, 2024
SEC To Settle Fraud Suit With CEO Of North Carolina CBD Co.

The U.S. Securities and Exchange Commission and the North Carolina CBD company CEO it accused of self-dealing and defrauding investors in a fund he ran has asked a federal judge to pause the government's case, telling the court they have reached a settlement.
March 26, 2024
Pot Co. Withholding Fees Despite Court Order, Chancery Told

Three former directors of Left Coast Ventures Inc. say the cannabis company still hasn't advanced their legal defense fees for a merger-related lawsuit despite a court order to do so, and are now seeking help from Delaware's Court of Chancery to get the bills paid.
March 25, 2024
SEC Says Cannabis Investment Fund Was $500K Scheme

The U.S. Securities and Exchange Commission has filed suit in Arizona federal court against a would-be venture capitalist, accusing him of fraudulently raising more than $500,000 from two investors for the cannabis startup where he worked.
March 25, 2024
Atty Can Drop Alleged Schemer Who Didn't Pay For 2 Years

A man accused of being the mastermind behind a $2 million cannabis crowdfunding scheme must find a new lawyer after stiffing his previous counsel for nearly two years, a Michigan federal judge said Monday.
March 25, 2024
Hemp Co. Needs Atty Or It'll Lose Bid To Upend $3.9M Award

Cannabis company Neptune Wellness Solutions Inc. must replace its legal counsel, who quit after not getting paid, a federal judge in Manhattan has ordered, warning that failure to do so will result in the dismissal of its bid seeking to dodge a $3.9 million arbitration award.
March 25, 2024
Cannabis Bill Roundup: NY Targets Illicit Pot Sellers

New York lawmakers introduced legislation to punish unlicensed cannabis sellers, Hawaii legislators made modifications to a proposal to legalize recreational marijuana, and a Connecticut bill targeting synthetic cannabinoids was referred to a legislative research office. Here are the major moves in cannabis legislation from the past week.
March 25, 2024
Catching Up With Delaware's Chancery Court

Last week in Delaware's Court of Chancery, litigants battled as Truth Social went public, Carl Icahn and Tripadvisor hit a roadblock, and more shareholders wailed about "invasive" bylaws. Oil drilling and pharmaceutical mergers sparked new lawsuits, and a sewing machine trademark owner sued to end a contract.
March 22, 2024
Md. University Says Psilocybin Trade Theft Suit Belongs In US

A London-based biochemical company cannot be allowed to escape across the pond with trade secrets related to using psilocybin as a mental health treatment, the University of Maryland, Baltimore, told a federal court, saying the company's minimum contacts with the state was its "months-long fraudulent scheme" to swipe intellectual property.
March 22, 2024
Former Hiller Atty Fights To Keep Entire Wage Suit Standing

A former cannabis attorney at boutique firm Hiller PC told a New York state judge on Friday that her wage suit should stay in place in its entirety, saying that her contract existence doesn't prevent unjust enrichment claims.
March 22, 2024
Pot Co. Investor Gets Colo. Contract Breach Suit Revived

A Colorado appeals court has revived an investor's suit alleging that the head of a six-company cannabis enterprise failed to pay out as agreed, finding the trial court was wrong to find the investor did not have a legally protected interest in the enterprise.
March 21, 2024
5th Circ. Backs FDA's Vivid Warnings Of Cigarette Dangers

Government mandated text warnings and graphic images on cigarette packs to advertise the health risks of smoking do not violate the free speech rights of R.J. Reynolds Tobacco Co. and other cigarette manufacturers, the Fifth Circuit ruled Thursday, saying the warnings are "factual and uncontroversial" and pass constitutional muster.
March 21, 2024
AGs Urge Congress To Address Hemp Intoxicants In Farm Bill

A bipartisan coalition of 21 attorneys general is urging Congress to address what the state officials call a public health and safety crisis by amending federal hemp policy to clarify that intoxicating products derived from hemp extracts are not legal under federal law.
March 21, 2024
Gun Rights Org., Pa. DA Seek To Block Pot Patients' Gun Ban

A Pennsylvania prosecutor and a gun rights organization have asked a federal judge to block enforcement of policies that prohibit licensed medical marijuana patients from owning firearms, saying the ban violates the patients' Second Amendment rights.
March 21, 2024
Pot Co. Seller Says Chancery Must Decide Curaleaf Dispute

A court needs to determine which corporate records Curaleaf Holdings Inc. should turn over in its $13 million price adjustment dispute with the seller of a multistate cannabis dispensary before it goes before an independent accountant, the seller told Delaware's Court of Chancery on Thursday.
March 21, 2024
Colo. Cannabis Dispensary Hit With Wage Theft Class Action

A former hourly worker for a Colorado-based cannabis dispensary said the company failed to provide employees with mandatory meal and rest breaks or compensate them for those missed breaks, according to a proposed class action in Colorado state court.
March 21, 2024
Pot Co. Owner Argues To Keep Md. Social Equity Suit Alive

The owner of a cannabis shop hoping to operate in Maryland is asking a federal judge to reject the state regulator's bid to dismiss a suit challenging the state's social equity licensing law, arguing the Constitution's dormant commerce clause applies to the cannabis trade and preempts state-based licensing requirements.
March 20, 2024
Hemp Co. Wins Bid To Reverse 'Irrational' UK Gov't CBD Ban

A hemp company has won its bid in a London court for permission to challenge the U.K. government's decision to ban imports of its cannabis-derived products based on a trace of a controlled chemical.
March 20, 2024
How The Supreme Court Could Narrow Chevron

After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.
March 20, 2024
Law360 Announces The Members Of Its 2024 Editorial Boards

Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.
March 20, 2024
US Chamber's Litigation Funding Concerns Spur 2 State Laws

Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.

Expert Analysis

2 Cases Highlight NJ Cannabis Employment Law Uncertainties

More than two years after its enactment, the employee protections and employer obligations in New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act remain unsettled, and two recent lawsuits draw attention to the law's enforceability and its intersection with federal law, say Ruth Rauls at Saul Ewing and David White at Seton Hall.
What The Law Firm Of The Future Will Look Like

As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
4 PR Pointers When Your Case Is In The News

Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
Law Firm Strategies For Successfully Navigating 2024 Trends

Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
The Most-Read Legal Industry Law360 Guest Articles Of 2023

A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
Attorneys' Busiest Times Can Be Business Opportunities

Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
In The World Of Legal Ethics, 10 Trends To Note From 2023

Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
The Key Laws Retailers Should Pay Attention To In 2024

2024 promises to be another transformative year for retailers as they navigate the evolving regulatory landscape, particularly surrounding data privacy and sustainability laws, meaning companies should make it a practice to keep track of new legislation and invest in compliance efforts early on, say attorneys at Benesch.
How Attorneys Can Be More Efficient This Holiday Season

Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
Series

Children's Book Writing Makes Me A Better Lawyer

Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
How Clients May Use AI To Monitor Attorneys

Excerpt from Practical Guidance

Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
Series

ESG Around The World: Singapore

Singapore is keen to establish itself as a leading international financial center and a key player in the sustainable finance ecosystem, and key initiatives led by its government and other regulatory bodies have helped the Asian nation progress from its initially guarded attitude toward ESG investment and reporting, say attorneys at Morgan Lewis.
Series

The Pop Culture Docket: Judge D'Emic On Moby Grape

The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
Series

Performing Music Makes Me A Better Lawyer

The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
Breaking Down High Court's New Code Of Conduct

The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.