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Cannabis
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June 06, 2024
Edibles Co. Says Judge Should Revive 'Confusing' RFID Case
A Colorado cannabis edibles company has asked a state judge to reconsider his decision to dismiss its suit against the state Marijuana Enforcement Division, arguing that its suit isn't about challenging a rule itself but how a top MED official interpreted the rule.
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June 06, 2024
In 13-Year Trademark Fight, Chicago Judge Says No More
A Chicago federal judge brought to a close a trademark fight between two vaping companies surrounding the phrase "21st Century Smoking" that has stretched on for over a decade and led to millions of dollars in sanctions over thousands of deleted emails and long-hidden documents.
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June 06, 2024
FDA Urges High Court To Hear 5th Circ. Flavored E-Cig Case
The U.S. Food and Drug Administration is asking the U.S. Supreme Court to grant its petition for a review of an en banc Fifth Circuit decision overturning its denial of a flavored e-cigarette marketing application, saying this case provides a better vehicle to decide the issues than other petitions at the high court.
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June 06, 2024
Mass. Pot Regulators Hear Pleas To Address Islands' Shortage
Massachusetts cannabis regulators on Thursday acknowledged they have "some work to do" during a meeting and listening session on Martha's Vineyard, where enforcement of a federal ban on transporting the drug over water is wreaking havoc on the island's supply chain.
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June 05, 2024
Cannabis Co. Protests $4M Award, Asserting Arbitrator Error
Cannabis company Neptune Wellness Solutions Inc. urged a New York federal court Tuesday to upend a nearly $4 million arbitration award to an entrepreneur whose business merged with the Canadian company, asserting that the winnings, specifically attorney fees, should have been reduced by 98%.
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June 05, 2024
Samsung Escapes Illinois Suit Over Exploding Vape Battery
An Illinois state appeals court has freed South Korea-based Samsung SDI Co. Ltd. from a suit alleging it sold a lithium-ion battery that exploded in a man's pocket, finding the man failed to provide any evidence that the company directed its wares at Illinois.
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June 05, 2024
NY Cannabis Head Looks Ahead Following Critical Audit
The chair of New York's cannabis regulatory body told stakeholders Wednesday at a marijuana business expo that the agency was working to streamline its operations following an investigative audit ordered by the governor's office that blasted the office for inefficiencies.
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June 05, 2024
Santa Barbara Gets Bulk Of Pot Farm Raid Suit Tossed
A California federal judge has thrown out the bulk of a cannabis farmer's suit alleging that members of the Santa Barbara County Sheriff's Office illegally raided his farm and destroyed his property, leaving only a judicial deception claim to go forward.
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June 04, 2024
FDA Advisers Rebuff Bid To Treat PTSD With MDMA
A panel of public health experts on Tuesday dealt a blow to a historic effort to regulate MDMA therapy for post-traumatic stress disorder, saying although the positive effects shown in clinical trials are promising, the proposal was hindered by too many confounding factors.
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June 04, 2024
Recreational Marijuana To Be On SD Ballot For 3rd Time
Recreational marijuana advocates have successfully put a measure on South Dakota's November ballot, giving state voters a third shot at legalizing the drug just two years after they declined to do so.
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June 04, 2024
Vape Distributors Push To Exit NYC E-Cigarette Suit
Two groups of e-cigarette distributors are urging a New York state court to toss claims from New York City alleging they're violating city laws by selling flavored e-cigarettes, saying that the law in question only applies to retail sales, not distributor-to-distributor sales.
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June 04, 2024
NM Cannabis Co. Says Insurers Can't Toss Medical Weed Row
A group of insurers can't escape a proposed class action demanding they cover medical marijuana costs, a cannabis company and several of its patients said, telling a New Mexico federal court that medical cannabis is a medically necessary behavioral health service that must be covered.
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June 03, 2024
GAO Urges DEA To Streamline Religious Drug Use Requests
The U.S. Government Accountability Office said in a new report that the nation's drug enforcement agency needs to be more transparent about its process for reviewing religious exemption requests from churches that use controlled substances as sacraments.
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June 03, 2024
Missouri Judge OKs Cannabis Tax By Both City And County
Both a city in Missouri and the county that surrounds it can collect a tax on marijuana dispensaries, a state circuit judge found.
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June 03, 2024
Court Tosses Challenge To Wash. Pot Licensure Plan
A Washington federal judge has tossed a challenge to the residency restrictions of the state's cannabis social equity program, saying that the dormant commerce clause argument advanced by an out-of-state litigant is unpersuasive since pot is federally illegal.
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June 03, 2024
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery pushed out tons of decisions last week, along with a second round of new rules and letters of concern over pending changes to the state's corporate law code. The court's docket was as busy as ever, with new cases involving Tesla CEO Elon Musk, FTX cryptocurrency claims, and more. In case you missed it, here's the latest from Delaware's Chancery Court.
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June 03, 2024
Ex-Conn. Dispensary Supervisor Drops Transgender Bias Suit
A former supervisor at a Branford, Connecticut, cannabis dispensary has withdrawn her claims that her colleagues targeted her for being transgender and tried to get her in trouble at work by falsely claiming she was high on the job, targeting that allegedly led to her termination.
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June 03, 2024
Calif. Justices Free Woman From Misdemeanor Pot Charges
The California Supreme Court has thrown out misdemeanor cannabis-related charges against an 85-year-old woman, finding the trial court was within its discretion to consider her lack of knowledge of the unlicensed operation happening in her building.
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June 01, 2024
Blockbuster Summer: 10 Big Issues Justices Still Must Decide
As the calendar flips over to June, the U.S. Supreme Court still has heaps of cases to decide on issues ranging from trademark registration rules to judicial deference and presidential immunity. Here, Law360 looks at 10 of the most important topics the court has yet to decide.
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May 31, 2024
Vape Co. Can't Toss Breeze Smoke's Claims In IP Row
An Illinois federal judge has rejected vape pen maker Midwest Goods' bid to throw out counterclaims that it infringed competitor Breeze Smoke's trade dress and a design patent, while also denying a bid from Breeze Smoke for a preliminary injunction.
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May 31, 2024
DC Circ. Judge Ponders NLRB Jurisdiction Over 'Criminal' Biz
The D.C. Circuit determined that the National Labor Relations Board lacked enough evidence to find a cannabis company illegally fired a pro-union employee, with one judge questioning the board's jurisdiction over a "criminal enterprise."
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May 31, 2024
LA Renews Bid To Toss Mich. Man's Pot Equity Licensing Suit
The city of Los Angeles is once again asking a California federal court to dismiss a Michigan man's challenge to the residency requirement of its social equity cannabis license program, saying the Constitution's dormant commerce clause doesn't apply.
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May 31, 2024
FDA Seeks Fines Over Elf Bar E-Cigarette Sales
The U.S. Food and Drug Administration on Thursday said that it is seeking civil money penalties from nine stores and one online retailer for selling Elf Bar e-cigarettes, after previously warning them about sales of unauthorized tobacco products.
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May 30, 2024
9th Circ. Says Cannabis Co. Can Retry Suit Over Lamp Fire
A Washington cannabis company whose Spokane Valley growing facility was burned down, allegedly due to faulty indoor grow lamps, will get one last shot at suing the company which made the lights, the Ninth Circuit ruled, warning the cannabis company to be "mindful" when filing.
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May 30, 2024
Colo. Justice Says Outside Watchdog Key For Judicial Ethics
A Colorado Supreme Court justice said Thursday that third-party oversight of judges' conduct was crucial to maintaining the public's trust in the legal system, speaking as part of an American Bar Association panel that touched on recent controversies, including those involving U.S. Supreme Court Justice Samuel Alito and his wife.
Expert Analysis
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Series
ESG Around The World: Gulf Cooperation Council
The Gulf Cooperation Council is in the early stages of ESG policy implementation, but recent commitments by both states and corporations — including increases in sustainable finance transactions, environmental commitments, female representation on boards and human rights enforcement — show continuing progress toward broader ESG goals, say attorneys at Cleary.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Expediting Psychedelics Approvals In The EU, UK, Australia
Accelerated pathways for regulatory approvals for psychedelic drugs in the European Union, U.K. and Australia is indispensable to facilitate a seamless advancement of treatments from the research environment to the consumer, say Kimberly Chew at Husch Blackwell, and Ana Dukic and Sabrina Ramkellawan at AxialBridge.
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Series
ESG Around The World: Brazil
Environmental, social and governance issues have increasingly translated into new legislation in Brazil since 2020, and in the wake of these recently enacted regulations, we are likely to see a growing number of legal disputes in the largest South American country related to ESG issues such as greenwashing if companies are not prepared to adequately adapt and comply, say attorneys at Mattos Filho.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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How Poor Governance, Weak Contracts Harm Cannabis Cos.
Decades into cannabis decriminalization and legalization, many companies in the industry still operate on a handshake basis or fail to keep even minimally required records, which can have devastating effects and lead to costly, business-killing litigation, says Griffen Thorne at Harris Bricken.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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Expediting Psychedelics Approvals In The US And Canada
Accelerated regulatory pathways for psychedelics in the U.S. and Canada play a pivotal role in the progression of drugs, devices and novel therapies toward commercialization, say Kimberly Chew at Husch Blackwell, and Ana Dukic and Sabrina Ramkellawan at AxialBridge.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.