Cannabis

  • December 10, 2024

    AFL-CIO Backs DOL In Effort To Keep H-2A Labor Rule Alive

    The AFL-CIO on Tuesday backed the U.S. Department of Labor's efforts to toss a suit in North Carolina federal court challenging the department's final rule protecting union-related activities for agricultural workers on seasonal H-2A visas, saying that it doesn't violate federal labor law.

  • December 10, 2024

    Insurer Eyes Dismissal Of Pot Co. Trulieve's Coverage Case

    An insurance company that is a unit of Berkshire Hathaway is arguing that it has no obligation to defend Trulieve Inc., which is being sued over a cannabis worker's death, urging a federal judge to toss the lawsuit brought by the largest medical marijuana operator in Florida.

  • December 10, 2024

    Atty Recommended For Sanctions After 'Bad Faith' Filings

    A Florida magistrate judge has recommended sanctioning an attorney representing a franchisee in a contract dispute with CBD American Shaman LLC, saying his duplicate filings — including four motions to reconsider a single order — amount to bad faith.

  • December 09, 2024

    Mass. Jury Returns $10.6M Verdict In Big Tobacco Case

    A Massachusetts jury has hit tobacco giant R.J. Reynolds with a $10.6 million verdict after finding it was liable for causing the fatal lung cancer of a woman, who started smoking as a child, by misrepresenting the dangers of cigarettes.

  • December 09, 2024

    Cops Can Search Car Over Raw Cannabis Odor, Ill. Justices Say

    Illinois police can establish probable cause to search a vehicle based on the smell of raw cannabis alone, the state's highest court has ruled, saying that despite cannabis's legal status in the state, motorists face "stringent" rules when it comes to transporting it in cars.

  • December 09, 2024

    Workers Can't Sue Under NJ Cannabis Law, 3rd Circ. Rules

    New Jersey law does not allow workers to challenge employment actions taken based on marijuana use, a split Third Circuit panel ruled Monday, refusing to revive a worker's lawsuit claiming Walmart rescinded a job offer because of a positive drug test.

  • December 09, 2024

    NC Hemp Store Owners Say Raids Targeted Their Race

    North Carolina sheriff's deputies allegedly "ransacked" and robbed two hemp stores and harassed their Middle Eastern owners in an effort to run them out of their community despite the businesses being legal, according to a new complaint filed in federal court.

  • December 06, 2024

    Neb. Tribe Asks US High Court To Undo Tobacco Sales Ruling

    A Nebraska tribe's tobacco companies are asking the U.S. Supreme Court to overturn an Eighth Circuit ruling that held the state can regulate a tribally owned manufacturer's sales of cigarettes to Indigenous-owned distributors, arguing that Native American nations' ability to conduct their own affairs within their own borders is at stake.

  • December 06, 2024

    Mich. Pot Cos. Get A Shot At Undoing Rivals' Licenses

    Two Detroit-area companies that largely lost their bids challenging a municipality's award of marijuana retail licenses to competing enterprises will get an opportunity to invalidate those permits in court, a Michigan state appeals court has ruled, finding the city violated the state's open meetings law.

  • December 06, 2024

    Calif. Judge Revives H-1B Application For Biz With Pot Ties

    A California federal judge has revived a software company's application for a foreign employee's H-1B visa amendment, ruling the government was not justified in denying the application because of the company's clientele in the cannabis industry.

  • December 06, 2024

    Neb. Judge Nixes Bid To Revisit Challenge To Medical Pot

    A Nebraska state judge has refused to reopen the secretary of state's challenge to medical marijuana legalization ballot initiatives, calling the motions largely "futile" in her order — teeing up a potential appeal before the state's highest court.

  • December 06, 2024

    Ex-City Officials In California Cop To Cannabis Permit Bribes

    Two former officials of Los Angeles County cities have pled guilty to bribing another local politician in an attempt to influence his votes for cannabis dispensary permits.

  • December 06, 2024

    NLRB Judge Greenlights Counting Of Ballots At Cannabis Co.

    Ballots challenged in a representation election at a cannabis product manufacturer in Washington state should be counted, a National Labor Relations Board judge concluded, tossing the company's claims that some voters are ineligible because they are agricultural laborers who aren't covered under federal labor law.

  • December 05, 2024

    Texas Lt. Gov. Wants Ban On Hemp-Derived THC Products

    Texas Lt. Gov. Dan Patrick has unveiled legislation that looks to ban all forms of consumable THC, including hemp products that "might include unremovable, nonintoxicating trace amounts of delta-9 THC."

  • December 05, 2024

    Gov't Efficiency Push Is A 'New Day,' House Speaker Says

    House Speaker Mike Johnson, R-La., spoke excitedly Thursday about the new government efficiency operation helmed by billionaire Elon Musk and former presidential candidate Vivek Ramaswamy and touted the budding bipartisan lineup of a congressional caucus that will work with it.

  • December 05, 2024

    Man Says NC Failed To Prove He Had Cannabis, Not Hemp

    A North Carolina man is appealing his conviction for possession and intent to distribute cannabis, saying the state failed to show evidence that the material they seized from him was cannabis as opposed to legal hemp.

  • December 05, 2024

    Boies Tells 1st Circ. Cannabis Precedent Is Outdated

    The premises undergirding a 19-year-old U.S. Supreme Court precedent on cannabis policy have changed so dramatically in the intervening years that its holdings no longer apply to the current marijuana landscape, litigator David Boies told a First Circuit panel during oral arguments Thursday.

  • December 05, 2024

    FDA Warns 115 Retailers Over Unauthorized E-Cigarettes

    The U.S. Food and Drug Administration has issued warning letters to 115 retailers across the country for selling unauthorized e-cigarettes that appeal to youths, the agency said Thursday.

  • December 05, 2024

    Colo. Panel Sides With Cannabis Atty In Former Client's Suit

    The Colorado Court of Appeals ruled on Thursday that a cannabis attorney cannot be held liable for a former marijuana cultivator client's business failing when they violated land use rules because the attorney was no longer representing them at the time.

  • December 05, 2024

    Lowenstein Sandler Suit Gets New NJ Judge After DQ Request

    Lowenstein Sandler LLP has persuaded an Essex County Superior Court judge to recuse himself from the firm's $800,000 fee suit against a cannabis dispensary over social connections to the litigants and their counsel and had the case assigned to a new judge this week.

  • December 05, 2024

    Medical Pot Group Sues NY Over New $20M Licensing Fee

    The New York Medical Cannabis Industry Association Inc. is suing the state's cannabis regulators, saying a new $20 million fee to convert operators' licenses from medical to adult use is an unconstitutional and punitive tax aimed at keeping them out of the adult-use market.

  • December 04, 2024

    Hemp Farmers Say Bid To Nix $200M Suit Is A Smoke Screen

    Two Colorado hemp growers have urged a federal judge to keep alive their lawsuit alleging that a solar energy company's construction on nearby leased land caused more than $200 million in crop damage, arguing that contractors and subsidiaries involved in the construction don't have to be added to the suit.

  • December 04, 2024

    DEA Judge Sets Pot Rescheduling Hearings

    The Drug Enforcement Administration will kick off six weeks of hearings in late January on the merits of the attorney general's proposal to loosen restrictions on marijuana, an agency administrative law judge said Wednesday.

  • December 04, 2024

    Potent Cannabis Oils Violate Ill. Laws, Suits Say

    Four proposed classes are suing several cannabis product makers and sellers, alleging that products made with Rick Simpson Oil and other potent types of cannabis oils go far beyond Illinois' and other states' legal limits, and the companies fail to warn customers that they're illegal.

  • December 04, 2024

    Legal Clouds Part For 2 Who Assisted In Cannabis Fraud Case

    A Manhattan federal judge on Wednesday allowed a pair of New Jersey business partners to avoid prison for aiding in a scheme to siphon portions of $14 million raised for a cannabis-infused consumer products company, crediting their cooperation with prosecutors.

Expert Analysis

  • Don't Use The Same Template For Every Client Alert

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    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

  • Drafting Calif. Cannabis Management Services Agreements

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    Meital Manzuri and Alexis Lazzeri at Manzuri Law explore the ways in which management services agreements function in the California commercial cannabis industry, and highlight a few specific terms and conditions that are crucial when drafting these agreements.

  • Series

    Walking With My Dog Makes Me A Better Lawyer

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    Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

  • Think Like A Lawyer: Follow The Iron Rule Of Trial Logic

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    Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.

  • The Art Of Asking: Leveraging Your Contacts For Referrals

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    Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.

  • Wave Of Final Rules Reflects Race Against CRA Deadline

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    The flurry of final rules now leaping off the Federal Register press — some of which will affect entire industries and millions of Americans — shows President Joe Biden's determination to protect his regulatory legacy from reversal by the next Congress, given the impending statutory look-back period under the Congressional Review Act, say attorneys at Jenner & Block.

  • Series

    Being An Equestrian Makes Me A Better Lawyer

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    Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

  • 4 Ways To Refresh Your Law Firm's Marketing Strategy

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    With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • Cannabis Ruling Lights Path For Bankruptcy Protection

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    A recent Massachusetts bankruptcy appellate court ruling in Blumsack v. Harrington leaves the door open for those employed in the cannabis industry to seek bankruptcy relief where certain conditions are met, but rescheduling marijuana as a Schedule III drug may complicate matters, say Jane Haviland and Kathryn Droumbakis at Mintz.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • Considerations For Evaluating IP Risks In Cannabis M&A

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    Due to the patchwork of state cannabis laws in the U.S., investors and businesses acquiring intellectual property must assess whether a trademark portfolio possesses any vulnerabilities, such as marks that are considered attractive to children or third-party claims of trademark infringement, say Mary Shapiro and Nicole Katsin at Evoke Law.

  • 9th Circ. TM Ruling Expands Courts' Role In Application Cases

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    The Ninth Circuit’s recent ruling in BBK Tobacco v. Central Coast Agriculture is the first time a federal appeals court has explicitly authorized district courts to adjudicate pending trademark applications, marking a potentially significant expansion of federal courts' power, says Saul Cohen at Kelly IP.

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