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Cannabis
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August 26, 2024
Parents Sue Kratom Cos. Over Adult Daughter's Death
The parents of a woman who died allegedly due to a kratom overdose are suing manufacturers and retailer sellers of the supplement, saying the companies should have known their product was "unreasonably dangerous" for humans to eat, according to a Colorado state lawsuit.
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August 26, 2024
DEA Sets Dec. 2 Hearing On Cannabis Rescheduling Proposal
The Drug Enforcement Administration will hold a hearing on the attorney general's proposal to loosen restrictions on marijuana, the agency announced in a notice made public Monday.
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August 26, 2024
New Jersey Cases Attorneys Are Watching In 2024
Jersey City is fighting the Garden State's cannabis legalization law and argues it conflicts with federal gun control legislation, while the bankrupt former chief financial officer of McElroy Deutsch Mulvaney & Carpenter LLP is facing civil claims he defrauded the firm and paid himself millions in unauthorized salary.
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August 23, 2024
Vaping Co. VPR Says Rival Ashh Infringing E-Cig Tech
Florida-based e-cigarette manufacturer VPR Brands has slapped a rival with a patent infringement lawsuit, telling a Michigan federal court that its competitor has been making and selling vapes that infringe its patented "electronic inhaler" and atomizer system.
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August 23, 2024
Mo. Appeals Court OKs Expunging THC Possession Charges
A Missouri appeals court has determined that, under the state's recent cannabis legalization law, offenses for possession of THC must be expunged in the same manner that marijuana possession offenses are.
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August 23, 2024
Pot Entrepreneur Seeks To Ensure Judgment On Ex-Partner
A cannabis entrepreneur urged a Colorado federal judge Friday to bar his former business partner from making any equity transactions until after the court has the opportunity to revisit a $6.4 million judgment ruling as part of a recent Tenth Circuit remand.
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August 23, 2024
Ex-Pot Shop Worker Says Sex Harassment Drove Her From Job
A former employee at a Los Angeles marijuana dispensary is suing her ex-employer, saying she was subjected to "persistent and horrible" sexual harassment and denied her promised pay and benefits, leading to what she describes as wrongful constructive termination.
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August 22, 2024
Split 6th Circ. Reopens Coca-Cola Bottling Race Bias Case
A split Sixth Circuit panel Thursday revived a lawsuit filed against a Coca-Cola bottling company by an employee who failed a drug test, finding a genuine dispute exists over whether the man voluntarily waived his rights to sue for racial discrimination and retaliation when he signed a "last chance" agreement.
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August 22, 2024
NJ Panel Rejects Dispensary's Bid To Revive Application Suit
A would-be cannabis entrepreneur can't upend a New Jersey township's decision to decline her application for a retail license in favor of others, a state appeals court ruled, saying that she needed to name her competitors as defendants to keep the case viable.
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August 22, 2024
Missouri Gov. Clashes With Secretary Of State Over Hemp Ban
Missouri Gov. Mike Parson on Thursday blasted the state's secretary of state for declining to implement an emergency rulemaking that would have banned psychoactive consumable cannabis products manufactured outside the state's regulated adult-use marijuana market.
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August 22, 2024
Pa. Air Force Vet Can't Challenge Court's Medical Pot Rules
A Pennsylvania appeals court won't let an Air Force veteran challenge the medical cannabis rules for treatment court programs in Berks County, saying he lacks standing because his use of medical cannabis was not the reason he was denied entry into the programs.
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August 21, 2024
Tobacco Cos. Ask Justices To Review FDA's New Warnings
R.J. Reynolds Tobacco Co. is urging the U.S. Supreme Court to review a Fifth Circuit decision affirming an FDA rule mandating new health warnings on cigarette packaging and advertisements, arguing that the court created an unjustified circuit split when it found the graphic warnings are "purely factual and uncontroversial."
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August 21, 2024
Alaska Air Seeks Clarification In Rogue Pilot Case
Alaska Airlines has urged a Washington state judge to clear up his decision to partially dismiss a lawsuit alleging an off-duty crew member tried to crash a flight in October, saying the ruling doesn't clearly state the passengers suing the company can no longer pursue claims rooted in federal aviation safety regulations.
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August 21, 2024
Cannabinoid Co. Sacked Exec For Flagging Fraud, Suit Says
Psychedelics and cannabinoid company Benuvia Operations has been hit with a wrongful termination lawsuit in Colorado state court filed by a woman who claims management retaliated against her after flagging millions of dollars in misappropriated funds.
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August 21, 2024
RI Pot Regulators Eye Dismissal Of Fla. Resident's Challenge
Rhode Island's marijuana regulator has asked a federal judge to toss a challenge brought by a Florida resident alleging the state's scheme for awarding retail cannabis licenses is unconstitutional, saying that process hasn't even been established yet.
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August 21, 2024
Japanese Tobacco Co. Paying $2.4B For US Cigarette Maker
Japanese tobacco company JT Group has agreed to purchase Miami-based cigarette company Vector Group Ltd. for approximately $2.4 billion, the companies said in statements Wednesday.
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August 20, 2024
Cannabis Entrepreneur Can't Sue County Over Seized Property
A Puget Sound-area cannabis entrepreneur cannot pursue claims that local law enforcement damaged company property seized during an arrest on felony charges that were ultimately dropped, a Seattle federal judge has ruled, saying the businessman signed away his right to litigation.
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August 20, 2024
Mich. Pot Dispensary Chain Sued Over Seller Tip Theft Claims
The owner of a chain of Michigan-based dispensaries, Stash Ventures, was hit with a proposed class action lawsuit, accusing management of stealing large portions of tips meant for retail workers.
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August 20, 2024
Investment Co. Officers Oppose Counterclaims In $4M Deal Row
Aspiring cannabis investment company Origins Tech Inc. and a pair of its officers are urging a Utah federal court to throw out counterclaims brought by the owner of a holding company they've sued over the loss of a $4 million deal, saying the claims are disallowed by contracts.
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August 20, 2024
A Deep Dive Into Law360 Pulse's 2024 Women In Law Report
The legal industry continues to see incremental gains for female lawyers in private practice in the U.S., according to a Law360 Pulse analysis, with women now representing 40.6% of all attorneys and 51% of all associates.
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August 20, 2024
These Firms Have The Most Women In Equity Partnerships
The legal industry still has a long way to go before it can achieve gender parity at its upper levels. But these law firms are performing better than others in breaking the proverbial glass ceiling that prevents women from attaining leadership roles.
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August 19, 2024
9th Circ. Told Psilocybin Petition Is Backed By Precedent
A Ninth Circuit panel on Monday dissected opposing arguments from the U.S. Drug Enforcement Administration and a Seattle doctor over whether there is precedent to allow the dispensing of psilocybin — a psychedelic compound — to treat terminally ill patients.
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August 19, 2024
Feds Want E-Cig Importers To Give More Info At Time Of Entry
The U.S. Food and Drug Administration and the U.S. Department of the Treasury are looking to require e-cigarette importers to hand over the unique identifier assigned to their product by the FDA as a condition of import.
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August 19, 2024
Calif. Lawmakers Decline To Advance Hemp THC Law
A California bill that would have imposed new THC limits on hemp consumables is unlikely to become law this year, after lawmakers declined to move it out of committee.
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August 19, 2024
Philip Morris Urges Fla. Court To Toss Zyn Injury Lawsuits
Philip Morris urged a Florida federal court on Monday to dismiss two lawsuits alleging ongoing injuries caused by addictions to Zyn nicotine pouches, arguing it had nothing to do with the claims prior to a 2022 acquisition and that it has no business ties to the Sunshine State.
Expert Analysis
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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Bankruptcy Courts May Be Budding Open To Cannabis Cases
Two recent California bankruptcy court rulings, denying motions to dismiss the respective debtors' bankruptcies, provide persuasive authority to allow cannabis debtors the protections of federal bankruptcy law, say Noah Weingarten and Bethany Simmons at Loeb & Loeb.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Can Chapter 15 Bankruptcy Help Cannabis Businesses?
Attorneys at Fox Rothschild consider whether Chapter 15 may be used as a tool to liquidate U.S. assets of cannabis companies in foreign bankruptcy proceedings, and look at the statutory provisions that may have a bearing on the successful liquidation of assets under the Bankruptcy Code.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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Cannabis Biz Real Estate Loan Considerations For Lenders
Now that cannabis sales are legal in some states, real estate lenders are interested in financing the land used by cannabis companies, but because cannabis sales are still illegal under federal law, lenders must make adjustments for cannabis-adjacent transactions, say Mark Levenson and Jeffrey Wendler at Sills Cummis.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.