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Cannabis
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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July 29, 2024
'Simpsons' Creator Owes Pay, Ignored Harassment, Suit Says
"The Simpsons" creator Matt Groening and his wife, Agustina Picasso, didn't do anything to stop the sexual harassment their former house manager told them she faced, while also cheating her out of wages, the worker said.
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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.
Expert Analysis
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How Cannabis Cos. Are Adapting In Shifting Bankruptcy Arena
Recent bankruptcy cases show that federal courts have begun to demonstrate more openness to downstream businesses in the cannabis industry, and that even though receivership can be a viable option for those denied access to the bankruptcy system, it is not without its own risks and complexities, say attorneys at Troutman Pepper.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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Series
ESG Around The World: Mexico
ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Ohio Voters Legalize Cannabis — What Comes Next?
This month, voters approved a citizen-initiated statute that legalizes marijuana for recreational use in Ohio, but the legalization timeline could undergo significant changes at the behest of the state's lawmakers, say Daniel Shortt and David Waxman at McGlinchey Stafford.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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5 New Calif. Laws Employers Need To Know
Now is a good time for employers to evaluate personnel rules to keep pace with California’s newly adopted employee protections, which go into effect early next year and include laws regarding reproductive loss leave, cannabis use, workplace violence prevention and noncompete agreements, say attorneys at Farella Braun.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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Series
ESG Around The World: South Korea
Numerous ESG trends have materialized in South Korea in the past three years, with impacts ranging from greenwashing prevention and carbon neutrality measures to workplace harassment and board diversity initiatives, say Chang Wook Min and Hyun Chan Jung at Jipyong.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.