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Cannabis
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March 06, 2024
Senators Question Cherokee Tribe's Cannabis Co. Launch
Both of North Carolina's U.S. senators are asking for an inquiry into the upcoming launch of a Cherokee tribe's cannabis dispensary, saying the matter raises important questions on how to keep the state's residents safe.
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March 06, 2024
Wash. Business Can't Get Pot License Back After Eviction
A Washington appeals court won't upend a decision from the state's Liquor and Cannabis Board revoking a company's cannabis license after it was evicted, finding this week that the decision was supported by the evidence in front of the board and wasn't arbitrary or capricious.
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March 05, 2024
Wash. Court Says Dept. Jumped Gun On Weed Co. Wage Suit
The Washington Department of Labor and Industries prematurely commenced a wage action against a cannabis company, state appellate judges ruled, because it had not yet determined how much the company owed its workers.
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March 05, 2024
Wash. Appeals Judges Balk At Pot Investor's 2nd Fraud Suit
A three-judge panel of Washington state appeals court judges appeared frustrated Tuesday with an investor who permanently dropped a fraud case against partners in a failed cannabis venture but then filed related claims in a neighboring county, questioning how he could argue he needed to wait for the second salvo to ripen when an email explicitly states otherwise.
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March 05, 2024
Pot Co. Partner Questioned On Why $140M Award Was Unfair
A Colorado appeals judge seemed to doubt that a trial court correctly threw out a $140 million arbitration award in a dispute between partners in a cannabis business, pressing the target of the tossed award to prove the arbitrator was so unfair that his decision should be erased.
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March 05, 2024
Gibson Dunn AI Leader On Weathering The AI Policy Blizzard
Like a mountaineer leading a team through a snowstorm, Gibson Dunn & Crutcher LLP's artificial intelligence co-chair Cassandra L. Gaedt-Sheckter is guiding companies developing and using artificial intelligence through a blizzard of new laws and regulations coming online in Europe and the U.S., saying that assessing AI risks is the North Star to mitigating them.
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March 05, 2024
Ohio Pot Facility Explosion Sparks Suit Against Lighting Co.
An Ohio cannabis grower and its insurer accused a lighting products company of failing to warn them about the dangers of its merchandise after one of its lamps allegedly exploded in a growth facility, causing hundreds of thousands of dollars worth of damage.
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March 05, 2024
Judge Rips THC Drink Co.'s 'Repackaged' Injunction Bid
A manufacturer of THC- and CBD-infused beverages shouldn't prevail on its second attempt to stop a rival from marketing drinks under an allegedly similar name, an Illinois federal magistrate judge found Monday, writing that the company's second injunction request "simply repackaged and reargued information."
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March 05, 2024
Hemp Cos. Say NY Regulations Will Sink Industry In State
A group of hemp product makers, distributors and sellers are suing the New York State Cannabis Control Board and Office of Cannabis Management in federal court, saying newly adopted regulations will hamstring the industry and cost the businesses millions.
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March 04, 2024
Tobacco Cos. Urge DC Circ. To Ax Broad Health Warning Order
Tobacco giants R.J. Reynolds and ITG Brands have backed a bid to overturn a D.C. district court order classifying Philip Morris USA's electronic tobacco devices, called HeatSticks, as "cigarettes," thereby subjecting them to the same marketing requirements that warn consumers of the negative health effects of smoking.
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March 04, 2024
Pot User Cites Bruen In Bid To Escape Gun Charge Indictment
A man who police say fired a shotgun at his neighbor's front door is looking to evade criminal charges related to having and transferring a gun while using marijuana, filing a dismissal bid to the same judge who declared identical charges levied on the defendant's wife unconstitutional.
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March 04, 2024
9th Circ. Rejects Abstention In Calif. Pot Permit Law Challenge
A Ninth Circuit panel on Monday reversed and remanded a district court's decision to abstain from a challenge to Sacramento's social equity cannabis licensure program, saying even if a state court clarified the program's unambiguous residency requirements, it wouldn't change the outcome of the plaintiff's federal commerce clause claim.
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March 04, 2024
Smoke Shop Worker Says Planet Zong Didn't Pay Full Wages
A former worker for Arizona's Planet Zong smoke and vape shop is suing the company, saying that it misclassified him as an independent contractor when he was an employee, and didn't pay him minimum wage and overtime as required under federal law.
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March 01, 2024
Cannabis Consulting Co. Says Clinic Owes $101K On Contract
A laboratory and consulting firm that focuses on the cannabis industry alleged that a Michigan clinic owes the firm more than $100,000 for unpaid services, according to a lawsuit filed in Colorado federal court.
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March 01, 2024
5th Circ. Accepts Miss. Medical Pot Co. Ad Ban Lawsuit
A Mississippi medical marijuana dispensary is taking its fight to upend a state law banning medical cannabis advertising to the Fifth Circuit, asking the appeals court to review a federal judge's decision to toss its First Amendment claims.
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March 01, 2024
Ariz. Senate Passes Bill For Psilocybin Treatment Centers
Arizona clinics could treat certain kinds of mental health issues with psilocybin mushrooms as early as 2026, after the state Senate passed a bipartisan bill allowing for facilities to secure licenses.
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March 01, 2024
Investment Co. Ordered To Follow Wage Suit Settlement
An investment advisory company must abide by a settlement previously approved by a New York federal court to resolve a former employee's unpaid wage claims, a federal judge has ruled.
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February 29, 2024
Pot Co. Says Neighbor Let Transient Grow Pot And Cause Fire
A Los Angeles County cannabis entrepreneur is suing owners of a neighboring property whose building caught fire, allegedly due to an illicit grow operation run by "the local transient," sending smoke and soot into the legal cultivation facility, causing the total loss of his inventory and some $10 million worth of damages.
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February 29, 2024
Pot Biz Founder Says Co. Runners Must Renew License
A cannabis entrepreneur is asking a Los Angeles judge to order the two men she says "hijacked" her business to renew its cannabis license with the city, saying that at a recent hearing they incorrectly said that their bid to transfer the license to another location had already effected the renewal.
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February 29, 2024
NC Says Court Blocked From Philip Morris Franchise Tax Row
The North Carolina Department of Revenue is urging the state Supreme Court to uphold a loss for Philip Morris in the agency's fight to fetch more than $300,000 in franchise tax from the tobacco giant, arguing that state law forbids an administrative court from contemplating the constitutionality of tax law.
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February 28, 2024
Calif. Judge Denies Ethics Complaint Of Drugs, Antisemitism
A California state judge categorically denied an ethics complaint accusing him of using a cannabis oil vape pen, pantomiming "something similar to a lap dance" on a woman married to a local public defender and repeatedly calling another public defender an antisemitic slur during a camping trip.
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February 28, 2024
Tilray Can't Get Exec's $4M Arbitration Award Tossed
Cannabis company Tilray Brands Inc. can't evade a nearly $4 million arbitration award to a former executive it fired, a federal judge ruled, saying the company's arguments for why the Washington district court should have jurisdiction over a Minnesota arbitration are "wrong on all counts."
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February 28, 2024
Suit Blames Father-Son Mismanagement For Pot Co. Collapse
A member of a Colorado cannabis cultivation and dispensary business is asking a state district court to appoint a receiver over the company, saying a father and son involved have mismanaged the company by buying unlicensed cannabis plants and failing to prepare a processing facility.
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February 28, 2024
Delayed Filing Dooms Bid To Block Maryland Pot Licenses
A Maryland federal judge has denied a cannabis entrepreneur's bid to block the state's social equity license lottery, saying her delay in filing both her suit and the motion for an injunction outweighs the harm she'll suffer from the lottery going ahead.
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February 27, 2024
10th Circ. Backs FDA E-Cigarettes Marketing Denial
The Tenth Circuit on Tuesday upheld the U.S. Food and Drug Administration's denials of two companies' applications to market flavored e-cigarettes, rejecting their argument that the agency secretly planned to reject any applications without long-term studies.
Expert Analysis
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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.
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Joint Representation Ethics Lessons From Ga. Electors Case
The Fulton County district attorney's recent motion to disqualify an attorney from representing her elector clients, claiming a nonconsentable conflict of interest, raises key questions about representing multiple clients related to the same conduct and highlights potential pitfalls, say Hilary Gerzhoy and Grace Wynn at HWG.
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Lawyer Discernment Is Critical In The World Of AI
In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.
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Cannabis Considerations In Debt Collection, Credit Reporting
While companies that collect debts arising from cannabis purchases, and consumer reporting agencies that furnish information concerning such debts, may not be governed by consumer protection laws, they should probably act like it by implementing compliance programs that heed state and federal requirements, say Corey Scher and Joshua Horn at Fox Rothschild.
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Don't Forget Alumni Engagement When Merging Law Firms
Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.
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Interstate Cannabis Commerce May Be In Reach, With Caveats
California is the latest state to lay the groundwork for interstate cannabis commerce agreements, which may offer a solution to the overabundance of product in legal adult-use markets and survive constitutional challenges — but even then, obstacles to a national market will remain, say Adam Horowitz and Harry Berezin at Goodwin.
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Without Stronger Due Diligence, Attys Risk AML Regulation
Amid increasing pressure to mitigate money laundering and terrorism financing risks in gatekeeper professions, the legal industry will need to clarify and strengthen existing client due diligence measures — or risk the federal regulation attorneys have long sought to avoid, says Jeremy Glicksman at the Nassau County District Attorney’s Office.