Cannabis

  • April 29, 2024

    Defendant Seeks Tribe's Confidential Data In Smoke Shop Suit

    An entrepreneur being sued by the Cayuga Nation is arguing in New York federal court that he should be allowed to view "highly confidential" spreadsheets purportedly detailing revenue losses the tribe suffered due to an unlicensed smoke shop on tribal land, asserting he has no business ties to the store.

  • April 29, 2024

    HHS Delays Menthol Cigarette Ban Indefinitely

    U.S. Secretary of the Department of Health and Human Services Xavier Becerra said Friday that a proposed ban on menthol cigarettes has been put on hold for now, citing the need to process considerable feedback from civil rights groups and the criminal justice movement.

  • April 29, 2024

    Calif. Cannabis Labor Law Violates US Constitution, Co. Says

    A California cannabis law's provisions mandating labor peace agreements between dispensaries and unions violate the U.S. Constitution, a cannabis retailer has alleged, saying the statute unlawfully gives the labor organization more leverage when negotiating what requirements are in the accords.

  • April 29, 2024

    Justices To Weigh RICO Injury Scope In CBD Case

    The U.S. Supreme Court on Monday agreed to hear a case brought by a trio of CBD companies asking the justices to establish whether a plaintiff can bring a personal injury claim under the Racketeer Influenced and Corrupt Organizations Act.

  • April 26, 2024

    Law360 Reveals Titans Of The Plaintiffs Bar

    In the past year, plaintiffs have won settlements and judgments for millions and billions of dollars from companies such as Wells Fargo, Goldman Sachs, Facebook and Fox News, with many high-profile cases finally wrapping up after years of fighting. Such cases — involving over-the-top compensation packages, chemical contamination, gender discrimination and data mining — were led by attorneys whose accomplishments earned them recognition as Law360's Titans of the Plaintiffs Bar for 2024.

  • April 27, 2024

    'Woodstock' Weed TM Case Settles Before Jury Selection

    The promoter of the 1969 Woodstock music fair agreed Friday to drop infringement claims against a rival purveyor of "Woodstock" trademarks in the evolving marijuana market, in a last-minute Manhattan federal court deal that avoids a jury trial.

  • April 26, 2024

    Cannabis Retailer MedMen Files For Bankruptcy In Canada

    American cannabis retailer MedMen Enterprises Inc. said Friday that it had filed for bankruptcy in Canada, citing CA$561.5 million ($410.4 million) of liabilities months after the company's stock plunged and executives departed despite having sold off assets to raise money.

  • April 26, 2024

    Alaska Airlines Rogue Pilot Suit Not Grounded Yet

    A Washington state court judge ruled Friday that Alaska Airlines passengers' state negligence claims were entirely preempted by federal regulations, but gave them a chance to revise their suit to claim the airline violated federal safety rules by allowing an off-duty pilot into the cockpit who allegedly tried to sabotage the flight.

  • April 26, 2024

    CBD Co's CEO Agrees To Pay $350K To End SEC Suit

    The one-time chief officer of cbdMD Inc. has agreed to pay $350,000 to end a civil enforcement action brought by the U.S. Securities and Exchange Commission accusing him of defrauding investors of a private investment fund he managed.

  • April 26, 2024

    UPMC To Face New Trial Over Claims It Missed Man's Stroke

    A Pennsylvania appeals panel has ordered a new trial over a man's claims that he was left with permanent brain injuries after doctors at UPMC Bedford Memorial failed to diagnose a stroke in progress, saying he should have been allowed to rebut a new theory the hospital first presented at trial.

  • April 26, 2024

    RJR Gets $12M Judgment Tossed In Tobacco Death Suit

    A Florida appeals panel on Friday threw out a $12 million judgment against R.J. Reynolds Tobacco Co. in a wrongful death suit by the wife of a smoker, saying the evidence didn't support the jury's finding in the wife's favor on her conspiracy to fraudulently conceal claim.

  • April 25, 2024

    NY Pot Regulator Seeks Dismissal Of Bias Suit

    New York's cannabis regulator on Wednesday asked a federal judge to toss a lawsuit litigated by a conservative legal organization that alleges that the state's social equity licensure program discriminates against white men, saying the plaintiffs lack standing.

  • April 25, 2024

    Dems Press DEA To Move Quickly On Rescheduling Marijuana

    A coalition of Democratic U.S. senators and House members are urging the U.S. Department of Justice to complete swiftly its review of marijuana's legal status and remove the drug from Schedule I of the Controlled Substances Act.

  • April 25, 2024

    Mich. Pot Group Says Suit Against Town Was Properly Pled

    A group of residents of Lima Township, Michigan, have asked a federal court not to throw out their suit claiming that the township's trustees abused their power by blocking any progress on opening a cannabis dispensary, saying the complaint clearly pleads that their 14th Amendment rights were violated.

  • April 25, 2024

    3 Things Attys Should Know About Pa.'s $48B Spending Plan

    Several areas of Pennsylvania Gov. Josh Shapiro's proposed $48 billion budget for 2024-2025 could result in more work for the legal industry, including more opportunities for crafting economic development deals, getting a recreational cannabis industry off the ground, and speeding up environmental permit applications, experts tell Law360.

  • April 24, 2024

    DEA's Upcoming Decision On Cannabis Likely To Be Litigated

    The potential loosening of federal restrictions on marijuana is likely to be litigated for years, and the pro-legalization camp would do well to pool resources to build the most persuasive evidentiary record it can, a leading cannabis advocate said Wednesday.

  • April 24, 2024

    FDA Can Keep Most Docs Hidden From Juul's FOIA Request

    A District of Columbia federal judge has largely sided with the U.S. Food and Drug Administration in a suit by Juul Labs Inc. seeking documents related to the FDA's decision to ban its products, saying the bulk of the files fall under a privilege that protects predecision deliberations.

  • April 24, 2024

    FDA Seeks Max Fines Against Shops Selling Elf Bar Vapes

    The U.S. Food and Drug Administration has issued another round of complaints and civil penalties to 22 brick-and-mortar and online sellers of illicit e-cigarettes, including the highly popular Elf Bar brand, according to an agency announcement that noted more than 100 retailers have been hit since September.

  • April 23, 2024

    Residents Say NJ Township, Grower Rushed Land Use Permits

    Residents of a New Jersey neighborhood are hopping mad about plans to put a cannabis growing facility a stone's throw from their residential street, telling a state court that the local township didn't properly assess the site plan for the project before approving it.

  • April 23, 2024

    Do Not Remand FDA Cigar Rule Without Vacatur, DC Circ. Told

    The New Civil Liberties Alliance is urging the D.C. Circuit not to remand a U.S. Food and Drug Administration rule regulating premium cigars without first vacating the regulation, saying federal agencies cannot enforce rules that have been declared unlawful.

  • April 23, 2024

    9th Circ. Won't Reinstate Pilot After High-Flying Pot Deliveries

    The Ninth Circuit won't undo the Federal Aviation Administration's decision to revoke the pilot certificate of a pilot who transported cannabis within the state of Alaska, saying the state's legalization of cannabis doesn't block the FAA's rules and regulations.

  • April 22, 2024

    Ayahuasca Church Settles Religious Freedom Suit With Feds

    A Phoenix-based church that uses the psychedelic ayahuasca as a sacrament announced Monday that it had reached a legal settlement in Arizona federal court with a slew of federal agencies to ensure its religious right to access the federally controlled substance.

  • April 22, 2024

    DEA Tells 9th Circ. 'Right To Try' Doesn't Rewrite CSA

    The U.S. Drug Enforcement Administration is urging the Ninth Circuit to reject an appeal by a doctor who seeks to administer psilocybin to terminal cancer patients to treat depression, saying the Right to Try Act doesn't waive the Controlled Substances Act's prohibitions or authorize the DEA to do so.

  • April 22, 2024

    Trulieve Strikes Deal To End Ex-Worker's Whistleblower Suit

    Cannabis company Trulieve has reached a deal with a Black former manager to end his suit alleging he was fired after reporting a supervisor's sexual misconduct and several safety violations, according to a filing in Florida federal court.

  • April 19, 2024

    A Cannabis Constitutional Fight, And The Calif. Atty Behind It

    Federal appellate courts are mulling multiple challenges to state and local cannabis licensure programs, all brought by one California-based attorney and each alleging that the dormant commerce clause of the U.S. Constitution must apply to federally illegal marijuana.

Expert Analysis

  • What's Notable In Connecticut's New Cannabis Laws

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    The Connecticut Legislature recently passed four bills containing cannabis provisions — ranging from applicable tax credits to labor agreement requirements — that may prove to be a mixed bag for state operators, say Sarah Westby and Deanna McWeeney at Shipman & Goodwin.

  • Series

    The Pop Culture Docket: Judge Elrod On 'Jury Duty'

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    Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

  • 4 Business-Building Strategies For Introvert Attorneys

    Excerpt from Practical Guidance
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    Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.

  • What Calif. Pot Permit Ruling Means For Enviro Compliance

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    While a California appeals court's recent decision in Lucas v. City of Pomona affirms the city's use of a statutory exemption for its commercial cannabis overlay permit program, the ruling does not mean that all applicants seeking similar approvals are exempted from state environmental compliance obligations, say Whitney Hodges and Barbara Machado at Sheppard Mullin.

  • Opinion

    3 Ways Justices' Disclosure Defenses Miss The Ethical Point

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    The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.

  • Rare Reg A+ Fines Reflect New Era Of SEC Enforcement

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    The U.S. Securities and Exchange Commission's recent announcement of civil penalties against 10 microcap companies for violations of Regulation A+ shows that as the SEC continues to expand its enforcement efforts, its focus remains on protecting investors of all sizes — including those investing in the historically less-scrutinized Reg A+ issuers, say attorneys at Crowell & Moring.

  • Cannabis Plain Packaging Rules: Examples And Opportunities

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    States that have legalized adult-use cannabis in recent years have adopted stringent requirements for product packaging and labeling in an effort to protect minors, and these rules may provide a vehicle for compromise between proponents and opponents of legalization, say attorneys at Troutman Pepper.

  • Caregiver Flexibility Is Crucial For Atty Engagement, Retention

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    As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.

  • Cannabis Consumption Lounges Face Unique Liability Risks

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    As state laws regulating cannabis consumption lounges proliferate, operators must follow certain best practices to effectively address issues like air quality concerns and California Proposition 65 warnings, says Lauren Mendelsohn at the Law Offices of Omar Figueroa.

  • What Justices' Pork Ruling Means For Interstate Cannabis

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    The U.S. Supreme Court’s recent National Pork v. Ross ruling added a new wrinkle to dormant commerce clause jurisprudence as the nation’s federal courts grapple with a novel paradox raised by interstate cannabis commerce, and pending appellate cases may shed additional light on these issues later this year, say Tommy Tobin and Andrew Kline at Perkins Coie.

  • In-Office Engagement Is Essential To Associate Development

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    As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

  • Complex Hemp Processes Need Nimble Regulatory Approach

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    Since the 2018 Farm Bill legalized hemp and certain hemp-derived products, THC limits have presented different issues at each stage of the complex production process, revealing the need for continued adjustments and flexible regulations as Congress deliberates the 2023 Farm Bill, says David Kouba at Arnold & Porter.

  • Perspectives

    A Judge's Pitch To Revive The Jury Trial

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    Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.

  • Opinion

    Calif. Policymakers Should Aid Crashing Cannabis Market

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    As California’s cannabis sector nears the brink of financial collapse, it may be time for the state government to seriously consider potential bailout programs for the embattled industry — though the crisis also presents strategic buying opportunities for those with a high tolerance for uncertainty, says Michelle Mabugat at Greenberg Glusker.

  • How To Recognize And Recover From Lawyer Loneliness

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    Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.

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