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Cannabis
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April 01, 2025
Smoke Shop Says Hookah Maker's 'Litigation Mill' Is A Fraud
A smoke shop among nearly 1,000 sued by GS Holistic LLC over alleged sales of counterfeit products is suing the hookah maker in California federal court, saying GS Holistic's "litigation mill" has committed fraud against the courts through false accusations.
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April 01, 2025
AFL-CIO Backs Oregon's Cannabis Labor Peace Law
The AFL-CIO has jumped into a legal battle to defend against a constitutional challenge seeking to block implementation of a voter-approved Oregon state law that requires cannabis businesses to have labor peace agreements.
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March 31, 2025
US Steel Beats Fired Medical Pot Patient's Fed. ADA Fight
A Pennsylvania federal judge on Friday granted U.S. Steel summary judgment on a medical cannabis patient's Americans with Disabilities Act claims in a lawsuit alleging the steel giant wrongfully fired him for his medical marijuana license and off-the-job marijuana use.
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March 31, 2025
Origins Tech Can't Dodge Counterclaims In $4M Dispute
Origins Tech Inc. and its officers can't get counterclaims against them tossed in a $4 million suit over losses from a loan and the canceled acquisition of a cannabis license, a Utah federal judge ruled on Monday, giving a shareholder the opportunity to amend his counterclaims.
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March 31, 2025
Justices Decline Chance To Clarify Medical Pot Protections
The U.S. Supreme Court on Monday declined to hear an appeal arguing that congressional spending legislation bars federal prosecutors from bringing cases against state-compliant medical marijuana operations.
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March 31, 2025
Calif. Pot Co. Seeks Receivership, Blames Merger 'Disaster'
A cannabis producer in California has moved to enter receivership in state court, disclosing more than $173 million in liabilities and saying a 2023 merger with its parent company proved to be a "financial disaster."
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March 31, 2025
Disbarred Fraudster Gets 25 Years For $18M Hemp Scam
A disbarred attorney with a history of investor fraud was sentenced to 25 years in prison for a scheme in which he solicited more than $18 million from investors by claiming to own a hemp farm that didn't exist and overhyping an edibles company.
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March 28, 2025
Cannabis Equipment Biz Can't Speed Up Canada Import Case
The U.S. Court of International Trade has ruled that a cannabis equipment company cannot expedite its case challenging the hurdles it faces importing from Canada, saying the business has not presented good cause to have the matter fast-tracked.
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March 28, 2025
Pot Co.'s Challenge To DEA Admin Procedures Dismissed
A Rhode Island federal judge on Friday dismissed a cannabis company's challenge to the lawfulness of U.S. Drug Enforcement Administration internal administrative law proceedings, finding that the company had failed to show how those procedures would harm it.
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March 28, 2025
Nitrous Oxide Makers, Sellers Sued Over 'Whippet' Death
The estate of a woman who died after inhaling nitrous oxide as a recreational drug is suing makers and sellers of the canisters, alleging they are knowingly selling them to be used as "whippets."
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March 28, 2025
Vape Co. Sued Over Burns From Exploding Battery
A North Carolina man is suing a Chinese vape company and its American affiliate in federal court, alleging that a vape they made and sold him exploded when the battery inside it short-circuited, leaving him with second- and third-degree burns.
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March 27, 2025
Vaping Interests Take Challenge To FDA Rule To 5th Circ.
A coalition of vaping interests challenging the U.S. Food and Drug Administration's marketing and recordkeeping regulations has taken the dispute to the Fifth Circuit after a lower district judge tossed the lawsuit, which claimed many in the industry were prohibited from seeking FDA approval for multiple products at once because of the high cost of applying.
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March 27, 2025
Minn. Pot Regulators Submit Proposed Rules For Retail Sale
The Minnesota Office of Cannabis Management, or OCM, has submitted draft rules for the retail sale of adult-use cannabis products to an administrative law judge for final approval.
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March 27, 2025
Curaleaf Units Slam Pot Farm's Sanctions Bid In $32M Suit
Two Curaleaf units are pushing back on a Michigan farm's bid for sanctions following a $32 million verdict in its favor, saying the farm is the party dragging proceedings out by seeking sanctions over a disagreement on the law.
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March 26, 2025
Sotomayor Urges Caution On Nondelegation Doctrine Revamp
U.S. Supreme Court Justice Sonia Sotomayor cautioned her colleagues during oral arguments Wednesday against using a challenge to the Federal Communications Commission's administration of a broadband subsidy program as a way to resurrect the long-dormant nondelegation doctrine. Several conservative justices, however, seemed willing to disregard that admonition.
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March 26, 2025
2 Class Actions Over Cannabis Cos.' Product Labels Dropped
The plaintiffs who were leading two proposed class actions in Illinois federal court alleging that cannabis companies have mislabeled their products to get around Illinois state law have dropped their cases.
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March 26, 2025
RI Pot License Program Unconstitutional, 1st Circ. Told
A California lawyer who has brought constitutional challenges to state and local cannabis licensure programs across the country told the First Circuit on Tuesday that a lower district judge erred in dismissing an action against Rhode Island marijuana regulators.
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March 26, 2025
Fla. Appeals Court Upholds Fees For Medical Pot Businesses
Florida's intermediate appellate court on Wednesday affirmed that the state's Department of Health acted within its authority when it enacted rules requiring medical marijuana dispensaries to pay more than a million dollars in license renewal fees every other year.
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March 26, 2025
Medical Pot Center Not Exempt From 2017 Michigan Sales Tax
A Michigan appeals panel has rejected a medical cannabis provisioning center's argument that it was exempt from sales tax in 2017, saying it is not entitled to the same exemption as primary caregivers and could not rely on a 2011 nonbinding letter in its argument.
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March 25, 2025
NC Justices Agree To Hear Traffic Stop Smell Test Appeal
The North Carolina Supreme Court has agreed to take up an appeal of a man's conviction for possession of a firearm by a felon after he argued that the smell of cannabis and cologne are not sufficient to justify searching his vehicle at a traffic stop.
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March 25, 2025
Court Tosses Suit Alleging NY Pot Regulations Are Biased
A New York federal judge on Tuesday dismissed an action alleging that the Empire State's cannabis social equity licensure program discriminated against white men.
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March 25, 2025
Va. Gov. Youngkin Blocks Recreational Cannabis Sales Again
Glenn Youngkin, the Republican governor of Virginia, on Monday once again vetoed lawmaker-approved legislation that would have taxed and regulated the sale of adult-use cannabis.
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March 25, 2025
Lowenstein Sandler Can Pursue NJ Dispensary Fraud Claims
Lowenstein Sandler LLP on Tuesday secured a ruling enabling the firm to pursue claims that a cannabis dispensary committed a "fraud on the court," with a New Jersey state judge rejecting the business' attempt to preclude those claims in the firm's $800,000 suit over unpaid legal fees.
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March 25, 2025
No Easy Out In $5M Mich. Dispensary Flip-Flop Suit
A Michigan federal court has refused to hand a win to either party in developer American 5 LLC's suit alleging a Michigan township improperly revoked its permit for a marijuana dispensary, finding that the parties hadn't resolved whether the permit was the developer's to begin with.
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March 25, 2025
DEA Seeks Exit From Hemp Group's Suit Over Raid
Federal drug enforcers have asked a Texas federal judge to release them from a hemp industry trade group and retailer's lawsuit challenging the legality of a raid on a smoke shop, saying that the enforcement actions at issue were conducted by local authorities.
Expert Analysis
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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1st Circ. IMessage Ruling Illustrates Wire Fraud Circuit Split
The First Circuit’s recent decision that text messages exchanged wholly within Massachusetts but transmitted by the internet count as interstate commerce spotlights a split in how circuits interpret intrastate actions under the federal wire fraud statute, perhaps prompting U.S. Supreme Court review, say attorneys at ArentFox Schiff.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'
The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.