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Cannabis
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January 23, 2025
Vape Maker Seeks Exit From Suit Over Delta-9 THC Levels
An Illinois-based vape maker urged a federal judge to toss a lawsuit accusing it of fraudulently passing off illicit Delta-9 products as legal Delta-8 ones, saying the suit lacks fundamental details, such as which products were purchased and what laboratory tested them.
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January 23, 2025
NM House Bill Would Boost Pot Regulators' Authority
Lawmakers in New Mexico have introduced a bill to establish an enforcement bureau in the state's Regulation and Licensing Department and allow the Cannabis Control Division to prosecute violators of the Cannabis Regulation Act.
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January 23, 2025
Connecticut Lawmaker Files Cannabis Cafe Bill
A Democratic Connecticut lawmaker on Wednesday introduced a bill to legalize Amsterdam-style cafes and restaurants where patrons can consume cannabis on-site.
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January 23, 2025
Colo. Panel Says Atty-Witness Rule Isn't Limited To Jury Trials
A Colorado professional rule banning attorneys from advocating at trials where they are a "necessary witness" isn't limited to jury trials, a state appeals court ruled Thursday, affirming the disqualification of a lawyer who sought to represent a cannabis business that he once co-owned with his wife.
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January 22, 2025
Maryland Gov. Taps NY Official As New Cannabis Head
Maryland Gov. Wes Moore on Wednesday announced the appointment of a New York cannabis official to run the state's marijuana regulatory agency.
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January 22, 2025
Wyden Urges National Standard For Hemp Regulation
Sen. Ron Wyden, D-Ore., rallied on Wednesday for his bill that would beef up regulation of products with hemp-derived cannabinoids in order to protect consumers, particularly children.
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January 22, 2025
Logistics Cos. Say Workers' Tobacco Fee Suit Filed Too Late
A pair of logistics companies are asking a Connecticut federal court to throw out a proposed class action alleging they violated federal law by not fully reimbursing employees who paid an additional tobacco-use fee on their healthcare, saying all the claims in the suit are barred by statutes of limitation.
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January 21, 2025
Ex-Cannabis Exec Hit With Insider Trading Charges
A former executive of cannabis giant Verano Holdings and friends from his country club have been hit with both criminal charges and a civil lawsuit for insider trading, with the government alleging they bought stock in a rival cannabis company Verano had planned to acquire based on nonpublic information.
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January 21, 2025
Trump Taps Pot Legalization Opponent As Acting DEA Head
A stalled effort to loosen federal restrictions on marijuana will be overseen, at least temporarily, by a former U.S. Drug Enforcement Administration agent who has previously spoken out against marijuana reform and specifically criticized the former administration's bid to recategorize the drug.
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January 21, 2025
Conn. Cannabis Co.'s Income Loss Not Covered, Judge Says
A cannabis product manufacturer cannot get more than $1.3 million in business interruption coverage from a Berkshire Hathaway unit for a fire in one of its "flowering rooms," a Connecticut federal court ruled, finding it failed to establish a causal link between a suspension of operations and lost income.
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January 21, 2025
Medical Cannabis REIT Misled Investors, Suit Claims
A medical cannabis-focused real estate investment trust lied to its shareholders about the profitability of its leasing operations and declining rents, a new suit has alleged in Maryland federal court.
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January 21, 2025
Justices Doubt Retailers Are 'Bystanders' In FDA Challenge
Several U.S. Supreme Court justices appeared to agree Tuesday that Texas and Mississippi retailers could join a North Carolina e-cigarette manufacturer in challenging the U.S. Food and Drug Administration's denial of its marketing application, and Justice Clarence Thomas questioned the agency's motivation to argue otherwise.
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January 21, 2025
Pot Co. Stiiizy Hit With Data Breach Suit
An employee of cannabis retailer Stiiizy Inc. is suing the company in Los Angeles court, alleging that it failed to protect consumer and employee information, resulting in a data breach last year, and then went nearly three months without telling the victims what happened.
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January 17, 2025
Law360 Names Practice Groups Of The Year
Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2024, which honor the attorney teams behind litigation wins and significant transaction work that resonated throughout the legal industry this past year.
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January 17, 2025
Law360 Names Firms Of The Year
Eight law firms have earned spots as Law360's Firms of the Year, with 54 Practice Group of the Year awards among them, steering some of the largest deals of 2024 and securing high-profile litigation wins, including at the U.S. Supreme Court.
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January 20, 2025
Trump, Musk Sued By Nonprofits Over DOGE Transparency
Public Citizen and other nonprofits hit the Trump administration with multiple lawsuits seeking to shut down the new Department of Government Efficiency in D.C. federal court Monday, alleging the Elon Musk-led advisory committee targeting government waste lacks requisite transparency guardrails to prevent DOGE from solely advancing private interests.
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January 17, 2025
Philip Morris' ZYN Nicotine Pouches Are 1st To Get FDA's OK
Tobacco giant Philip Morris is the first to secure permission from the U.S. Food and Drug Administration to sell nicotine pouches, with the agency allowing several flavored variants of the company's popular ZYN brand to hit the market after finding that the products could "benefit" smokers looking to quit cigarettes.
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January 17, 2025
Up Next At High Court: Forum Shopping & TCPA Definitions
The U.S. Supreme Court will return to the bench Tuesday for a short argument session, during which the justices will consider the U.S. Food and Drug Administration's bid to limit forum shopping by manufacturers challenging agency decisions and how much deference district courts must give to Federal Communications Commission orders.
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January 17, 2025
DEA Judge Kicks Pot Rescheduling Back To Administrator
The Drug Enforcement Administration judge who paused hearings on a proposal to loosen federal restrictions on marijuana has kicked the matter back to the agency's administrator after reformers said the DEA stacked the deck against changing pot's status.
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January 17, 2025
Pot Labs Say Mass. Co. Sold Dud Test Devices In $286M Suit
The owners of more than two dozen cannabis testing labs across the United States and Canada have accused PerkinElmer Health Services Inc. of knowingly selling them equipment that it knew was incapable of handling the sort of tests the labs performed.
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January 17, 2025
LPL Fined $18M Over Lax Anti-Money Laundering Compliance
The U.S. Securities and Exchange Commission on Friday fined LPL Financial LLC $18 million to settle claims that the firm's anti-money laundering program suffered from significant shortcomings, including the failure to close high-risk accounts such as cannabis-related and international accounts.
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January 17, 2025
Lowenstein Sandler Can Pursue Trimmed Dispensary Fee Suit
A New Jersey state court judge dismissed part of Lowenstein Sandler LLP's $800,000 fee suit against a cannabis dispensary former client Thursday and told the firm it must give the former client the notice of its right to resolve the fee dispute through arbitration.
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January 16, 2025
Former NY Cannabis Regulator Backs Embattled Program
The former leader of New York's cannabis regulator and an architect of the state's marijuana legalization law on Thursday defended the integrity of the agency before a roomful of cannabis attorneys, some of whom have litigated against its core policies.
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January 16, 2025
Swedish Match Wants 'Copycat' Sham Patent Suit Nixed
Swedish Match urged a Virginia federal judge to toss a proposed class action it said largely parrots a since-settled antitrust suit from which consumers can draw no basis for claims the tobacco company used litigation to drive a nicotine pouch rival out of the market.
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January 16, 2025
Md. Gov. Pitches Taxing High Earners, Combined Reporting
Maryland's governor proposed higher income tax rates for people who make more than $500,000 and adopting water's-edge combined reporting for its corporate income tax in his 2026 budget proposal.
Expert Analysis
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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FDA's Multifaceted Role On Display In MDMA Therapy Scrutiny
Ongoing deliberations at the U.S. Food and Drug Administration regarding MDMA-assisted therapy for post-traumatic stress disorder serves as a window into the intricate balance of scientific innovation and patient safety oversight, and offers crucial insights into regulatory nuances, say Kimberly Chew at Husch Blackwell and Kevin Lanzo at Pharmaka Clinical Consulting.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.