Cannabis

  • August 06, 2024

    Cannabis Co. Sued For Docs On Insider-Tied Note, Sale Plans

    A stockholder of cannabis sourcing company Eaze Technologies Inc. — now facing a foreclosure auction — sued in Delaware's Court of Chancery Tuesday for books and records surrounding a founder- and insider-controlled note purchase and security agreement and alleged "take-under" sale scheme.

  • August 06, 2024

    Ayahuasca Church Asks DC Circ. To Rethink Tax Status

    An Iowa church that used a psychedelic drug in its rites asked the D.C. Circuit for an en banc rehearing after a panel determined the church was correctly denied tax-exempt status since its main purpose was using a federally illegal drug.

  • August 06, 2024

    Judge Says Suit Over NJ Cops' Pot Use Belongs In State Court

    A New Jersey federal judge has decided against getting involved in a dispute between Jersey City and police officers it terminated after they tested positive for marijuana use, ruling that any conflict between federal gun control law and the state's cannabis legalization statute should be dealt with on the state level first.

  • August 05, 2024

    Wis. Bank Settles Tribal Group's Bias Suit Over Peyote Use

    A local Wisconsin bank and Native American company Medicine Fireplace have jointly told a federal judge they've resolved a lawsuit claiming that the financial institution denied service to the nonprofit firm, whose members use the hallucinogenic peyote plant in their religious ceremonies.

  • August 05, 2024

    NC Cigarette Co. Challenges $11M In Denied Drawback Claims

    A North Carolina-based cigarette distributor is challenging a decision by U.S. Customs and Border Protection in which its request for more than $11 million in drawback duties on cigarette imports was denied, saying the refund claims were timely filed.

  • August 05, 2024

    Ohio To Launch Legal Recreational Marijuana Sales

    Ohio is set to see its first legal recreational marijuana sales on Tuesday after the state's cannabis regulator announced that close to 100 locations were about to be qualified to sell products to customers 21 and over.

  • August 05, 2024

    Ex-Credit Union VP Sues Over Pot Compliance Firing

    A former vice president of a Missouri credit union has hit the institution with a federal lawsuit claiming her former employer violated state whistleblower and federal money laundering laws after she refused to open accounts for her boss's friends in marijuana-related businesses despite pressure from the boss.

  • August 05, 2024

    Ohio Vape Shop Chain Hit With Overtime Suit

    An Ohio chain of smoke shops was hit with an unfair labor lawsuit by an employee who claims she and others were forced to stay at the shops for long hours, both working and eating with the boss, but were never compensated for their time

  • August 02, 2024

    5th Circ. Remands FDA's E-Cigarette Product Denials

    The Fifth Circuit has once again said that the U.S. Food and Drug Administration acted unlawfully when the agency denied a number of requests from e-cigarette manufacturers seeking permission to sell their flavored vapes.

  • August 02, 2024

    US Cannabis Policy Thwarts Research, Health Officials Say

    A recent report from federal health regulators confirms what cannabis reform advocates have long said, that placing marijuana in the most restrictive tier under the federal Controlled Substances Act has hindered researchers' ability to study the drug's potential benefits and risks.

  • August 02, 2024

    FDA Warns Online Retailers Against Youth-Appealing Vapes

    The U.S. Food and Drug Administration has warned five more online retailers that they are illegally selling vape brands such as Geek Bar, Lost Mary and Bang, according to an announcement that said it called them a "particular concern" because of their popularity to young people.

  • August 01, 2024

    Philip Morris Regains PTAB Win After Fed. Circ. Loss

    The Patent Trial and Appeal Board has again invalidated an R.J. Reynolds unit's vape patent in a challenge initiated by Philip Morris Products SA, following a brief respite for the patent owner at the Federal Circuit.

  • August 01, 2024

    Mich. Regulators Sue Co. For Bringing In Out-of-State THC

    A Michigan-based maker of edibles, vapes and other cannabinoid goods is in hot water with state regulators, which filed a complaint accusing the business of incorrectly reporting shipments of 130,000 grams of cannabis concentrate brought in from outside the state.

  • August 01, 2024

    Missouri Gov. Announces Ban On Psychoactive Hemp Wares

    Missouri Gov. Mike Parson on Thursday announced a ban on the sale of intoxicating consumable cannabis products manufactured outside the state's regulated adult-use marijuana market, marking the latest effort by a state to rein in psychoactive wares derived from federally legal hemp.

  • August 01, 2024

    Pot Co. Says City Ignored Order To Review App In $14M Suit

    A California cannabis business is suing the city of Chula Vista for nearly $14 million, saying it failed to properly review and score its application for a cannabis license despite orders to do so from a state appeals court.

  • July 31, 2024

    Ayahuasca Church Can't Get $2.1M For Atty Fees

    Attorneys for a Phoenix-based church won't get their fees increased or have any part of their pay covered by the government, an Arizona federal judge has ruled, saying the church is not the winning party in its suit against several federal agencies because the court "never placed its stamp of approval" on a deal that allows the church to use ayahuasca.

  • July 31, 2024

    NewAge Execs Deny Inflating Military Contract Prospects

    Executives and board members of the defunct beverage company NewAge Inc. hit back at investors' allegations that they lied about having a deal to sell their products in military commissaries, saying the investors had failed to show that material misstatements were made.

  • July 31, 2024

    Wash. Cannabis Co. Sues Payroll Firm Over Back Taxes

    A Puget Sound-area dispensary is suing Greenleaf HR LLC, a payroll provider specializing in the cannabis industry, and another firm, claiming they failed to pay the IRS on its behalf resulting in a nearly $172,500 tax bill, according to a lawsuit removed to Washington federal court.

  • July 31, 2024

    Philip Morris Nicotine Pouches Are Deceptive, Lawsuit Claims

    Philip Morris violated advertising and trade practices laws by selling "highly addictive" nicotine products designed and packaged to resemble breath mints and deceptively telegraphed that the tobacco-free pouches were healthier than cigarettes, according to a proposed class action in Connecticut federal court.

  • July 31, 2024

    Experienced IP Atty Joins Lewis Brisbois From Fowler White

    Lewis Brisbois Bisgaard & Smith LLP has announced the hire of a former Fowler White Burnett PA intellectual property attorney with over 20 years of experience as a partner in Fort Lauderdale, Florida.

  • July 30, 2024

    Tribe Says Sovereignty 'Sea Change' At Stake In Tobacco Row

    A California tribe has opposed the U.S. government's bid to toss its suit fighting placement on a "non-compliant list" under a law that targets tobacco trafficking, telling a federal judge that forcing it to stop sales would cause a "sea change" in tribal sovereignty.

  • July 30, 2024

    Legalization Foes Mount New Challenge To NY Pot Program

    A group of anti-cannabis activists renewed their challenge to New York's proposal to use public funds to help marijuana retailers launch their businesses, alleging in a new state court lawsuit that the policy violates federal law.

  • July 30, 2024

    Psychedelics And The Law: A Midyear Review

    A groundbreaking effort to secure federal approval for a psychedelic medication hit an unexpected snag. Religious groups asserting the right to access controlled substances had mixed success in federal court. Physicians seeking to administer psilocybin to terminally ill patients will finally have their day in court. Here are the major developments in psychedelics law from the first half of 2024.

  • July 30, 2024

    Pot Cos. Can't Push RICO Claims Against Calif. City

    A California federal judge has thrown out racketeering claims by six cannabis companies that accuse the city of Cudahy of illegally assessing fees, saying that because Congress listed cultivation and sale of cannabis under the definition of racketeering, they can't recover damages.

  • July 30, 2024

    Atty Smuggled Marijuana-Soaked Papers To Inmate, Feds Say

    A Massachusetts solo practitioner has been charged with using her status as an attorney to try to smuggle papers soaked in synthetic cannabis to an inmate at a Rhode Island detention center, federal prosecutors announced Tuesday.

Expert Analysis

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • 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.

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