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Cannabis
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February 03, 2025
Asbury Park, Zoning Board, Again Escape Pot Co.'s Suit
A New Jersey federal judge has once again dismissed claims from a would-be cannabis dispensary alleging the city of Asbury Park and its Zoning Board conspired to deny its application in favor of a rival seller, saying the latest amended complaint doesn't shore up the shortcomings in the prior one.
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February 03, 2025
Michigan Pot Co. Says Competitor Can't Join Licensing Suit
A Michigan company seeking to pause a town's marijuana licensing process said another pot retail hopeful shouldn't be able to join the lawsuit because the competitor does not have the same property interests at stake and its involvement would open the door for more applicants to attempt to intervene.
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January 31, 2025
Ex-Disney Cruise Worker Wants To Dismiss, Not Stay, Suit
A former Disney Cruise Line employee who was fired for testing positive for marijuana use then ordered to arbitrate his wrongful termination dispute in London has asked a Florida federal judge to dismiss his lawsuit instead of keeping it stayed.
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January 31, 2025
Supreme Court Eyes Its 'Next Frontier' In FCC Delegation Case
A case about broadband subsidies will give the U.S. Supreme Court the chance to revive a long-dormant separation of powers principle that attorneys say could upend regulations in numerous industries and trigger a power shift that would make last term's shake-up of federal agency authority pale in comparison. And a majority of the court already appears to support its resurrection.
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January 31, 2025
Stores Urge Neb. Senate Against Hemp Cannabinoid Ban
Store owners have told the Nebraska Senate Judiciary Committee a proposed bill that would ban the sale of any hemp-derived cannabinoids containing more than .3% of any kind of THC would have devastating economic consequences on their businesses.
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February 14, 2025
Law360 Seeks Members For Its 2025 Editorial Boards
Law360 is looking for avid readers of our publications to serve as members of our 2025 editorial advisory boards.
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January 31, 2025
Cannabis Test Lab Says Competitors Fudging Results
A Massachusetts cannabis testing lab accused eight of its competitors of intentionally inflating results for potency and concealing findings of contamination in order to lure away customers, according to a lawsuit filed in state court.
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January 31, 2025
6th Circ. Affirms Pot Biz Owner's $2.8M Tax Restitution
The owner of a medical marijuana dispensary who was sentenced to prison and ordered to pay $2.8 million in restitution to the IRS after being convicted of tax crimes failed to convince the Sixth Circuit that Congress lacked the power to tax his sales of the drug.
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January 31, 2025
NC Prosecutors Say Evidence Backs Cannabis Conviction
State prosecutors urged a North Carolina appeals court to stand by a man's conviction for possession and intent to distribute cannabis, arguing that even if there was no forensic analysis of the substance he possessed there was plenty of other evidence to conclude it was cannabis rather than legal hemp.
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January 30, 2025
Canadian Pot Equipment CEO Says CBP Illegally Booted Him
The Canadian CEO of a company that makes cannabis agricultural equipment has sued the U.S. Homeland Security Department and Customs and Border Protection, saying they detained him at the U.S.-Canada border and ordered his removal for allegedly abetting the spread of narcotics despite a prior U.S. Court of International Trade finding that his company was operating legally.
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January 30, 2025
Trade Court Bans Altria Vape Imports In Juul Patent Case
The U.S. International Trade Commission has upheld a judge's August finding that Altria's NJOY brand vaping products infringe four patents owned by rival Juul, and further ordered a ban on imports of the infringing products.
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January 30, 2025
Pa. Pot Panels Not 'Arbitrary' In Assigning Different Scores
A Pennsylvania appeals panel rejected a petition from a dispensary owner who challenged the state Department of Health's denial of one of his applications, finding the DOH wasn't arbitrary just because two of his proposed locations received different scores on their identical applications.
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January 29, 2025
Driver Says Okla. Cops Forced Catheter On Him As Minor
An Oklahoma man is suing a police department, sheriff's office and Harmon County, alleging that when he was 17, police forced him to be catheterized for a drug screening against his will after he was a victim of a road rage incident.
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January 29, 2025
Curaleaf To Pay $31.8M In Pot Farm Contract Row
A Michigan federal jury on Wednesday found that a pair of Curaleaf affiliates breached their contract with a cannabis farm, awarding the farm nearly $32 million in damages, while rejecting Curaleaf's counterclaims.
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January 29, 2025
Lowenstein Sandler Hit With Malpractice Suit From Dispensary
A cannabis dispensary facing a lawsuit from Lowenstein Sandler LLP for unpaid legal fees has fired back with a malpractice suit against the firm, alleging its attorneys helped the dispensary's former CEO in an attempted hostile takeover of the company.
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January 28, 2025
4th Circ. Wary Of Discrimination Claims In Pot License Row
The Fourth Circuit on Tuesday expressed skepticism about claims that Maryland's cannabis regulator discriminated against out-of-state entrepreneurs when it implemented a social equity program that gave consideration to applicants who attended one of six in-state colleges.
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January 28, 2025
Pot Co. Faces New THC Potency Class Action In Illinois
A pair of Illinois men on Tuesday filed a new class action alleging a family of cannabis companies is selling products that exceed the state's limits on THC, joining a number of similar suits filed in the same district by the same attorneys.
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January 28, 2025
Pa. Justices Won't Hear 3rd Circ. Pot Deportation Question
In a split decision, the Pennsylvania Supreme Court has opted not to take up a question from the Third Circuit on whether a man from the Dominican Republic can be automatically deported for a possession with intent to deliver charge without specific proof of the drug he had in his possession.
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January 27, 2025
FOIA Lawsuit Seeks Marijuana Docs From Health Officials
A nonprofit that advocates for government transparency has filed a federal lawsuit under the Freedom of Information Act seeking to push federal health regulators to release internal communications related to their recommendation to loosen restrictions on marijuana.
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January 27, 2025
DC, Council Aim To Stop Block On Pot Shop Closures
The D.C. Council and other city government agencies are urging the D.C. federal court to deny bids from cannabis retailers for injunctions to block enforcement of city cannabis regulations that has resulted in closures of some of the plaintiff stores.
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January 27, 2025
Multiple Cannabis Cos. Hit With THC Potency Class Actions
A single litigant has filed two proposed consumer class actions in Illinois federal court against cannabis companies, alleging that their wares exceeded lawful levels of psychoactive THC.
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January 27, 2025
Fla. Judge Won't Recuse Over 'Adverse Ruling' In CBD Row
A Florida federal magistrate judge has refused to step down from a case where she recommended sanctioning an attorney representing a franchisee in a contract dispute with CBD American Shaman LLC, saying adverse rulings are not grounds for recusal.
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January 24, 2025
Biden Leaves Mixed Legacy On Criminal Justice Issues
When he stepped into the White House in January 2021, former President Joe Biden brought with him an ambitious criminal justice agenda that aimed to satisfy both reformers and law enforcement advocates, but he never cleared that high bar, with a record of underappreciated successes and missed opportunities.
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January 24, 2025
Louisiana Urges Court To Toss New Challenge To Hemp Law
Louisiana officials have renewed their push to defeat a federal lawsuit challenging the state's new hemp policy, which they said was not preempted by the federal law that legalized hemp nationwide.
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January 24, 2025
FDA's Premium Cigar Regulations Overturned By DC Circ.
A D.C. Circuit panel ruled on Friday that the Food and Drug Administration acted arbitrarily when subjecting premium, hand-rolled cigars to the same regulations as other tobacco products, saying the agency was wrong to overlook two studies about infrequent premium cigar use.
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.