Cannabis

  • March 20, 2024

    DA Says Greenhouse Suit Interferes With Code Enforcement

    The San Bernardino County district attorney is asking a California federal judge to throw out a suit from a Native American-owned company aiming to block the DA from abating and removing equipment from greenhouses that was used in an illegal cannabis operation involving a prior owner.

  • March 19, 2024

    10th Circ. Mulls If $6.4M Judgment Is Tainted By Cannabis Biz

    A Tenth Circuit panel pressed a cannabis entrepreneur Tuesday on his claim that a $6.4 million damages award for an ex-business partner amounts to "vindicating an interest" in federally illegal marijuana sales, with judges asking why the judgment can't be separated from the marijuana business.

  • March 20, 2024

    Future Of Judge-Shopping Reform Hazy After Rule Proposal

    The policymaking body for U.S. courts provoked a stir last week when it proposed a rule designed to curb "judge shopping," with observers saying that the policy does address one type of the practice but that it remains to be seen if individual federal district courts will be willing to adopt even that limited reform.

  • March 19, 2024

    Vicente LLP Sues Recruiter Over Fee Demand In Failed Search

    Vicente LLP is alleging that a Florida-based recruiter wants money for nothing after a failed search for a corporate attorney to join the cannabis law firm, during which one of the two proposed candidates turned out to be someone Vicente already worked with and later hired in a different role.

  • March 19, 2024

    Judge Mulls Smoke Shop Group's Push For Tribe's Damages Data

    A New York federal magistrate judge is asking the Cayuga Nation and a former smoke shop, shut down on the grounds it was selling cannabis and untaxed cigarettes, to weigh in on whether the tribe must turn over spreadsheets purportedly detailing damages and lost revenues stemming from the shop.

  • March 19, 2024

    CBD Co. Investor Oral Contract Suit Tossed For Good

    A Nevada federal judge has thrown out for good a suit from the co-founder of CBD company CV Sciences Inc. that alleges an investor reneged on a profit-sharing agreement, saying the latest complaint still doesn't establish that the court has jurisdiction over the investor.

  • March 19, 2024

    McGlinchey Stafford Opens Seattle Office With 3 Attorneys

    McGlinchey Stafford PLLC has opened a downtown Seattle office managed by member Heidi Urness, who is co-chair of the firm's cannabis practice group.

  • March 19, 2024

    NY Cannabis Co. Says Regulators Retaliated For Criticism

    A New York cannabis operator is suing the state's Office of Cannabis Management, saying regulators have unfairly targeted her business with a stop-work order in retaliation for public criticism of the OCM's failure to stop activities that go against its rules.

  • March 18, 2024

    NY Gov. Audits Pot Regulator After Troubled Rollout

    New York Gov. Kathy Hochul on Monday announced an audit of the Empire State's embattled cannabis regulator to address the rocky implementation of the adult-use marijuana market, which has been plagued by delays, litigation and an explosion of unlicensed sellers.

  • March 18, 2024

    Construction Co. Can't Dodge Fired Pa. Pot Patient's Bias Suit

    A Pennsylvania federal judge has kept alive the crux of a former painter's suit alleging an industrial construction company illegally fired her after she tested positive for pot despite holding a medical marijuana card, finding her collective bargaining agreement doesn't bounce the claim from court.

  • March 18, 2024

    NJ Panel Upholds Right Of Towns To Regulate Cannabis

    A New Jersey town has the right to withhold support for a cannabis retailer seeking a state license to sell marijuana, saying that the municipality has the authority to determine location and density requirements for retail businesses selling pot, a three-judge state appellate panel said in a published opinion Monday.

  • March 18, 2024

    Developers Say Mich. Township Thwarted Pot Dispensary

    A local cannabis advocacy group that includes real estate developers has sued a Michigan township in federal court, alleging elected officials have impeded a proposal to build a medical and adult-use dispensary despite residents' support and additional tax revenue the municipality will reap.

  • March 18, 2024

    ​​​​​​​Amyris Gets OK To Settle Pot Co.'s $15M Trade Secret Suit

    A Delaware bankruptcy judge has approved biotechnology company Amyris' $15.1 million settlement with cannabinoid manufacturer Lavvan, resolving yearslong litigation and arbitration proceedings alleging the debtor misused its then-business partner's trade secrets.

  • March 18, 2024

    Catching Up With Delaware's Chancery Court

    Multimillion-dollar e-cigarette settlements, $4 billion in stock buybacks and a $6.1 million appraisal tweak were among the big-dollar items logged in the Delaware Court of Chancery's ledger last week. Also on the docket: a Panama port project, a news outlet's defamation case, drone disputes and a flood of mail from Tesla shareholders. In case you missed it, here's all the latest from the Chancery Court.

  • March 15, 2024

    Harris Urges DOJ To Wrap Pot Review 'As Quickly As Possible'

    Vice President Kamala Harris urged the U.S. Department of Justice on Friday to complete its review of marijuana's control status "as quickly as possible," saying it was "absurd" and "patently unfair" to keep the drug in the same highly restrictive tier as heroin.

  • March 15, 2024

    Appeals Court Rejects Medical Cannabis User's Bias Suit

    A Connecticut appeals court refused to reinstate a former teaching assistant's lawsuit accusing a nonprofit of firing her because she has epilepsy, which she treats with medicinal cannabis, saying she failed to overcome the organization's argument that she was fired for being high around children.

  • March 15, 2024

    Cannabis Sellers Want $6M Fees Refunded From Mass. Town

    A group of cannabis retailers are suing Great Barrington, Massachusetts, saying the town has illegally collected nearly $6 million in community impact fees, despite admitting in writing that the companies have caused virtually no costs to the town.

  • March 15, 2024

    Conservative Law Group Asks Justices To Hear FDA Vape Suit

    A free-market advocacy group and a vape industry association are urging the U.S. Supreme Court to upend the U.S. Food and Drug Administration's decision denying a manufacturer permission to sell flavored vapes, arguing that the FDA is "moving the goalposts" when it comes to what kind of data is needed when applying.

  • March 14, 2024

    Conservative Firm Joins Bias Suit Against NY Pot Regulators

    Conservative law group Pacific Legal Foundation has decided to represent a would-be cannabis dispensary that claimed New York state's social equity program discriminated against them because they were white men, filing an amended complaint against state regulators which dropped from the suit words "Caucasian" and "white."

  • March 14, 2024

    Cannabis Cos. Say Federal Position On Pot Is Irrational

    The federal ban on marijuana is plainly irrational and negatively affects operators in state-regulated cannabis markets, depriving them of their constitutional rights, a group of marijuana companies told a Massachusetts federal judge on Friday.

  • March 14, 2024

    NJ Law Firm Avoids Malpractice Suit Over Texas Kratom Death

    A Lone Star State appeals court let the New Jersey-based Oshman Firm LLC off the hook on jurisdictional grounds Thursday in a malpractice lawsuit filed by a Texas father who faulted the firm for not filing a wrongful death lawsuit before the statute of limitations expired.

  • March 14, 2024

    Ariz. AG Says Delta-8 THC Products Unlawful For General Sale

    Arizona's attorney general has issued a formal legal opinion finding that retailers who are not approved to sell marijuana cannot lawfully sell intoxicating products derived from hemp, such as products containing delta-8 THC and delta-10 THC.

  • March 13, 2024

    Mass. Gov. Announces Pardon Plan For Marijuana Possession

    Massachusetts Gov. Maura T. Healey has announced plans for sweeping pardons of misdemeanor cannabis possession convictions, following the directive of President Joe Biden, who urged state executives to follow his lead in pardoning low-level marijuana offenses.

  • March 13, 2024

    Juul Investor Tells Chancery: 'We Were Trying To Help'

    A director of Juul Labs Inc. denied on Wednesday that he kept the company out of bankruptcy in 2022 to profit from his own investments, telling Delaware's Chancery Court that he helped Juul refinance and backstopped millions worth of settlements because he wanted the e-cigarette company to succeed.

  • March 13, 2024

    Ex-CFO Raided Corporate Funds, Trulieve Suit Claims

    Florida's largest medical marijuana company, Trulieve, is suing its former chief financial officer in federal court, claiming he misused his corporate credit card, charging "hundreds of thousands of dollars" for expensive clothing, vacations and attorney fees and fraudulently received reimbursement for personal expenses.

Expert Analysis

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • How Cannabis Cos. Are Adapting In Shifting Bankruptcy Arena

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    Recent bankruptcy cases show that federal courts have begun to demonstrate more openness to downstream businesses in the cannabis industry, and that even though receivership can be a viable option for those denied access to the bankruptcy system, it is not without its own risks and complexities, say attorneys at Troutman Pepper.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Series

    ESG Around The World: Mexico

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    ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Ohio Voters Legalize Cannabis — What Comes Next?

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    This month, voters approved a citizen-initiated statute that legalizes marijuana for recreational use in Ohio, but the legalization timeline could undergo significant changes at the behest of the state's lawmakers, say Daniel Shortt and David Waxman at McGlinchey Stafford.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • 5 New Calif. Laws Employers Need To Know

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    Now is a good time for employers to evaluate personnel rules to keep pace with California’s newly adopted employee protections, which go into effect early next year and include laws regarding reproductive loss leave, cannabis use, workplace violence prevention and noncompete agreements, say attorneys at Farella Braun.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • Series

    ESG Around The World: South Korea

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    Numerous ESG trends have materialized in South Korea in the past three years, with impacts ranging from greenwashing prevention and carbon neutrality measures to workplace harassment and board diversity initiatives, say Chang Wook Min and Hyun Chan Jung at Jipyong.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

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