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Cannabis
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August 16, 2024
NJ Agency Nixes City's 3rd Police Firing For Cannabis Use
Another New Jersey police officer who was fired for off-duty marijuana use must be reinstated, a state commission has ordered, finding it doesn't matter that the officer failed to disclose reliance on cannabis for medical purposes before a screening or that the usage at issue was technically recreational.
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August 16, 2024
Fla. Advertising Co. Says Pot Cos. Didn't Pay Up For Services
A Miami advertising agency is suing the cannabis companies behind the Cookies brand, claiming they failed to pay for months of work worth tens of thousands of dollars.
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August 16, 2024
Psilocybin Right-To-Try Petition To Get 9th Circ. Hearing
A Ninth Circuit panel will hear oral arguments Monday in an appeal brought by a Seattle doctor seeking to administer psilocybin to terminal cancer patients under state and federal right-to-try laws.
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August 15, 2024
Court Tosses Challenge To Wyoming's New Hemp Law
A Wyoming federal judge tossed a lawsuit Thursday brought by nearly a dozen hemp product retailers challenging the state's new hemp policy, saying most of the state defendants were entitled to immunity and that the retailers had not stated a claim for which relief could be granted.
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August 15, 2024
Juul License Doesn't Negate R.J. Reynolds' Royalties, Altria Says
The parent company of Philip Morris is pushing back on what it described as a delayed bid by R.J. Reynolds Vapor Co. to skirt paying royalties on a pod-style vape, telling a North Carolina federal court that an "after-the-fact sublicense" with Juul isn't enough to undo the ongoing payments.
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August 15, 2024
Hemp Industry Rallies Against Calif. Bill
Hemp companies are coming out against a California bill that would impose new THC limits on consumables sold outside of licensed dispensaries, with some industry leaders calling it an "existential threat" to the entire state market.
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August 15, 2024
Startup's Cannabis Payment Deal Dispute Can Move Ahead
An Illinois federal judge has preserved the bulk of a now-defunct cannabis payment startup's suit alleging Fidelity National Information Services drove it out of business by backing out of a partnership deal, saying that while there wasn't an enforceable contract, the startup sufficiently pled that FIS was misleading in its promises.
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August 15, 2024
Ex-Mich. Speaker Says Poor Health Merits Early Release
The former speaker of Michigan's House of Representatives and ex-chair of a marijuana licensing board is asking to serve the rest of his prison sentence following a bribery conviction at home, saying he is eligible for early release due to his age and complications from a serious heart condition.
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August 14, 2024
Recreational Pot Contract Unenforceable, Texas Court Says
A Texas state appeals court has torched a cannabis farmer's $100,000 jury win, ruling that he can not collect against his former business partner because the marijuana crop he grew was federally illegal and specifically intended for recreational use.
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August 14, 2024
Cannabis Fertilizer Co. Says Rival Stole IP For Fake THC Study
A company that sells fertilizer to commercial cannabis growers has claimed a competitor used its trademarks as part of an unsanctioned co-branding campaign and on THC lab testing reports that falsely advertise its products as less effective, according to a suit filed in Washington federal court.
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August 14, 2024
Grassley Asks HHS For Clarity On Cannabis Position
Sen. Chuck Grassley has asked federal health officials to clarify their position on marijuana, arguing that a recent U.S. Department of Health and Human Services report is at odds with its recommendation to loosen restrictions on the drug.
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August 14, 2024
Cannabis Co. And Ex-Exec End Bad-Mouthing Dispute
A Colorado state judge has permanently dismissed a lawsuit in which a cannabis company and its former chief operating officer each accused the other of waging a smear campaign, after the parties agreed to end the litigation.
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August 14, 2024
Wyoming Hemp Cos. Bring Challenge To 10th Circ.
After a Wyoming federal judge declined to block enforcement of a newly enacted law regulating hemp-derived intoxicating products in the state, the businesses that brought the challenge said on Wednesday they would appeal the matter to the Tenth Circuit.
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August 14, 2024
Fed. Circ. Says Fla. Judge 'Misread' Precedent In Elfbar Row
The maker of the popular Elfbar vape will get another shot at upending a court-imposed order banning it from selling under the "Elf" mark, the Federal Circuit ruled Wednesday, saying the district judge who ordered the injunction "misread" precedent and relied on a "deficient" legal analysis.
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August 14, 2024
Curaleaf Says Ballot Selfie Warrants Redo Of NLRB Election
A Massachusetts cannabis dispensary asked the National Labor Relations Board to reverse an agency official's decision rejecting the company's claim that a voter tainted a union representation election by sharing a selfie with his ballot, saying the incident raised questions about the secrecy of workers' ballots.
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August 13, 2024
NY Cannabis Regulator Accused Of Racial Discrimination
A public employee with New York state's cannabis regulatory agency said in a new federal lawsuit that she was denied advancement because of racial discrimination and then retaliated against when she called attention to it.
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August 13, 2024
Food Law Atty Rejoins Thompson Coburn From Davis Wright
Thompson Coburn LLP said this week that a former partner who focuses on agriculture and food law has rejoined the firm's St. Louis office after a stint with Davis Wright Tremaine LLP.
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August 13, 2024
Ex-Tilray Exec Can Collect $4M Arbitration Award
A Minnesota federal judge has confirmed a more than $4 million arbitration award in favor of a former Tilray Brands Inc. executive who took the company to arbitration over her termination, finding that the pharmaceutical company hasn't established that the award should be vacated.
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August 13, 2024
North Dakota Officials OK Pot Legalization Ballot Measure
North Dakota voters will have another opportunity to legalize adult-use marijuana on Election Day this November after state officials said that reformers had submitted enough signatures to qualify the question for the ballot.
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August 12, 2024
Cannabis Advocates Drop Lawsuit Against Mich. Town
A cannabis entrepreneur and local developers have agreed to end a lawsuit against a Michigan township that claimed the municipality's leaders blocked them from opening a marijuana dispensary.
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August 12, 2024
Cannabis Drink Cos. Drop Challenge To Iowa THC Law
After failing to temporarily block an Iowa law that imposed new restrictions on hemp-derived THC consumables, two manufactures of cannabis-infused drinks have decided to drop their lawsuit seeking to upend the statute, according to a notice filed in federal court.
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August 12, 2024
Catching Up With Delaware's Chancery Court
Multimillion-dollar share conversions, power struggles in a classic rock band, a good deal for fandom collectibles, and a pindown by two heavyweights were all part of the spectacle in Delaware's Court of Chancery last week. New cases involved pharmaceutical companies, cannabis, drones and liquid-gas exports. In case you missed it, here's the latest from the Chancery Court.
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August 12, 2024
Big Tobacco To Pay $600M In 'Historic' Mass. Deal
Philip Morris Inc. and RJ Reynolds Tobacco Co. will pay nine-figure sums as part of a $600 million settlement between Massachusetts and major tobacco companies that resolves yearslong disputes about how much the cigarette makers owe, the state attorney general announced Monday.
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August 09, 2024
Lifting Of Worker Suspension Upheld In Hospital-Union Fight
A healthcare union has scored a victory against an Ohio hospital that suspended one of its attendants after he tested positive for cannabis, with a federal judge ruling that an arbitration decision upending the disciplinary action was totally valid.
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August 09, 2024
FDA Rejects Latest Effort To Treat PTSD With MDMA
The U.S. Food and Drug Administration has rejected a new drug application to treat post-traumatic stress disorder with the psychedelic drug MDMA, an entactogen also known as ecstasy or molly, the company that backed the effort announced Friday.
Expert Analysis
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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FDA's Multifaceted Role On Display In MDMA Therapy Scrutiny
Ongoing deliberations at the U.S. Food and Drug Administration regarding MDMA-assisted therapy for post-traumatic stress disorder serves as a window into the intricate balance of scientific innovation and patient safety oversight, and offers crucial insights into regulatory nuances, say Kimberly Chew at Husch Blackwell and Kevin Lanzo at Pharmaka Clinical Consulting.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.