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Cannabis
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July 29, 2024
SEC Says Penny Stock CEO Lied About COVID-19 Deal
The U.S. Securities and Exchange Commission on Friday sued former penny stock company CEO Juan Campo for securities fraud, alleging he lied to investors about acquiring a Colombian cannabis company and about the company's development of a temperature screening device during the COVID-19 pandemic, among other things.
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July 29, 2024
10th Circ. Won't Undo $6.4M Award In Cannabis Biz Fight
A Tenth Circuit panel has rejected a cannabis entrepreneur's attempt to undo a $6.4 million judgment in a dispute with an ex-business partner, but it ordered a district court to revisit an enforcement order that could require the entrepreneur to violate federal drug law to pay the damages.
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July 29, 2024
Legalization Org Taps Cannabis Atty As New Treasurer
The pro-legalization advocacy organization Marijuana Policy Project announced Monday that a preeminent member of the cannabis bar had been tapped as the group's newest treasurer.
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July 29, 2024
Mich. Man Fights LA Bid To Toss Pot License Lottery Suit
A Michigan man who owns several cannabis retailers is pushing back on a bid by Los Angeles to throw out his suit challenging its social equity license lottery.
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July 26, 2024
Alaska Passengers' Safety Reg Stance Baffles Wash. Judge
A Washington state judge on Friday called out Alaska Airlines passengers' "absurd" suggestion that there was a hole in federal aviation standards that could allow states to set their own rules for when pilots can allow people into the cockpit.
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July 26, 2024
Erroneous Background Check Cost Man HSN Job, Suit Says
A company that sells background checks to employers was hit with a federal lawsuit accusing it of incorrectly telling the Home Shopping Network that an applicant had a felony charge for distributing narcotics equivalent to cocaine, methamphetamine or fentanyl, when he was actually charged with selling marijuana.
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July 26, 2024
Broncos Throw Flag On Ex-Player's THC Discrimination Bid
The NFL and the Denver Broncos are looking to sidestep a former team member's disability discrimination lawsuit claiming the league and team unfairly fined him $532,500 for using THC to treat an injury, arguing that the collective bargaining agreement they signed preempts state law.
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July 26, 2024
Hemp Exporter's Lost-Product Claims Fail At 4th Circ.
A hemp exporter lost a bid for payment for lost products at the Fourth Circuit on Friday when the court ruled that the Montreal Convention precludes claims that a transportation company was liable for the destruction of more than a ton of product by U.S. Customs and Border Protection.
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July 26, 2024
Cannabis Litigation To Watch: Delta-8 And Residency Rules
In the first half of 2024, a series of lawsuits taking aim at state hemp restrictions and another set of suits challenging purported residency criteria in state cannabis licensure programs were briefed in multiple appellate courts across the country.
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July 25, 2024
Edible Cannabis Co. Can't Revive RFID Tag Case
A Colorado state judge has said he won't let a company that makes edible cannabis continue to challenge the state's mandated use of radio frequency identification tracking tags, concluding that a senior enforcement official's statement at a rulemaking hearing was not a final action the company could appeal.
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July 25, 2024
Iowa Hemp THC Law Remains In Force As Injunction Bids Fail
Iowa's hemp law that imposed new restrictions on hemp-derived THC consumables can continue uninterrupted, after a federal judge on Thursday rejected two bids by the hemp industry seeking to block the statute on claims that it was unconstitutionally vague.
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July 25, 2024
Pot Rescheduling Could 'Compromise' Transit Drug Testing
Federal traffic investigators are urging the U.S. Drug Enforcement Administration to tread carefully should it move forward with rescheduling marijuana, saying any policy change must allow for drug testing of airline pilots, truck drivers and other "safety-sensitive" transportation jobs.
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July 25, 2024
Tobacco Products Co. Hits Wash. Pot Business With TM Suit
Wholesaler BBK Tobacco & Foods LLP has hit a Washington state cannabis company with a complaint in Arizona federal court that alleges it is infringing the "Juicy" trademark BBK uses for a variety of smoking and smoking-related products.
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July 25, 2024
Illinois Gov. Pritzker Touts State's Pot Law As Equity Model
Illinois Gov. J.B. Pritzker on Thursday spoke to a conference of cannabis attorneys and touted his state's recreational marijuana market as a model for equity in business ownership and criminal justice reform that other jurisdictions could follow.
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July 24, 2024
PE Firm Ran $37M Ponzi-Like Cannabis Scheme, SEC Says
A California private equity fund ran a Ponzi-like scheme, using much of $37 million raised from investors to pay other shareholders instead of putting the money into cannabis companies, the U.S. Securities and Exchange Commission told a California federal court this week.
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July 24, 2024
Conn. Cannabis Co.'s Income Loss Not Covered, Insurer Says
An insurer said it has no obligation to cover a cannabis company's business income loss stemming from a February 2020 fire, telling a Connecticut federal court that the loss was not caused by a suspension of operations but rather damage to marijuana plants that aren't covered.
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July 24, 2024
LG Unit Seeks Exit From Georgia Exploding Battery Suit
Atlanta-based LG Chem America Inc., a subsidiary of Korean company LG Chem Ltd., is asking a Georgia state judge to end its involvement in litigation by a man who claims he was injured when a lithium-ion battery cell exploded in his pocket.
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July 24, 2024
Ex-Marijuana Store Worker Settles Retaliation Suit
An Atlantic City, New Jersey, marijuana dispensary has settled a disability discrimination lawsuit filed by an ex-employee who claimed the business's managers wouldn't turn down the loud music that was triggering her PTSD.
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July 24, 2024
Hemp Cos. Get Stay Of DEA Subpoenas Seeking Records
A Texas federal judge on Wednesday stayed enforcement of U.S. Drug Enforcement Administration subpoenas seeking financial and other records from a group of hemp and vape sellers, who had argued earlier this week that the subpoenas were overbroad and unlinked to any federal investigation.
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July 23, 2024
Knives Out For Another Pro-Agency Landmark After Chevron
Only weeks after U.S. Supreme Court conservatives took a hatchet to the judicial deference shown to federal agencies, right-leaning lawyers are imploring the justices to rock the administrative law realm again by gutting a New Deal-era precedent at the heart of the modern regulatory system.
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July 23, 2024
Cooperator In Cannabis Bank Fraud Case Dodges Prison
A U.K. national who testified against two businessmen accused of fooling banks into processing federally illicit transactions worth $150 million for California cannabis delivery company Eaze Technologies Inc. on Tuesday was spared from serving any time in prison.
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July 23, 2024
Cannabis Industry Stakeholders Weigh In On Rescheduling
As the period for public comment on the Biden administration's proposal to reclassify marijuana came to a close Monday, anti-legalization activists, marijuana industry advocates and state cannabis regulators each submitted their thoughts on the potential policy shift.
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July 23, 2024
The Biggest Trademark Rulings Of 2024: A Midyear Report
The U.S. Supreme Court rejected a California attorney's arguments that registering "Trump Too Small" as a trademark constituted speech protected by the First Amendment, and a split Ninth Circuit concluded district courts have the power to cancel trademark applications during litigation. Here's a look at some of the most notable trademark decisions so far this year.
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July 23, 2024
Senate Dems Roll Out Bill To Codify Chevron Deference
Sen. Elizabeth Warren, D-Mass., led a group of Democratic senators Tuesday in introducing a bill to codify the now-defunct doctrine of Chevron deference after it was struck down by the U.S. Supreme Court last month.
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July 23, 2024
4 Firms Guide SPAC Mergers Targeting AI, Cannabis Sectors
An AI-powered startup that vows to combat "disinformation" and a medical cannabis developer have agreed to go public by merging with special purpose acquisition companies through separate deals unveiled this week, guided by four law firms and a law office.
Expert Analysis
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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Tips On Numerical Range From Fed. Circ. Philip Morris Ruling
The Federal Circuit's recent RAI v. Philip Morris decision that a patent provided sufficient written description to support a claimed numerical range offers several takeaways for practitioners, including the need for a cautious approach to criticism of ranges, say attorneys at BCLP.
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What's At Play In Rising Lanham Act Cases At The ITC
Amid an uptick in Lanham Act claims involving false advertising related to medical devices at the U.S. International Trade Commission, Brian Busey and Maryrose McLaughlin at MoFo discuss recent ITC complaints from Eli Lilly and R.J. Reynolds, Lanham Act claim limits under the Federal Food, Drug, and Cosmetic Act, and the issues practitioners face in this realm.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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A New Push To Clear Up Marijuana's Foggy Legal Status
A recently publicized U.S. Food and Drug Administration recommendation to reschedule marijuana has reignited discourse over the drug's federal legal status — and although rescheduling would mitigate the legal risks for the industry and drastically increase the resources available for industry participants, the path forward will not be clear cut, say Joseph Cioffi and Louis DiLorenzo at Davis+Gilbert.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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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.