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Cannabis
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March 08, 2024
CBD Shop Seeks Relief From Fees For Lost Trial Against Cops
The owner of a shuttered CBD shop urged a Tennessee federal judge to free him from $35,000 in court costs for a trial he lost against the local cops who raided his shop, even though all of his products were legal, saying his net worth is in the red.
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March 08, 2024
Union Urges Affirming Reinstatement Award Over Pot Test
An aircraft mechanics union has asked a Washington federal judge to back an arbitration board's decision ordering Alaska Airlines to reinstate a unionized worker who testified positive for marijuana, saying the award was properly based on the parties' labor contract.
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March 08, 2024
Colo. Dispensary And Tracking Vendor Settle Fee Suit
A Colorado state judge has called off a trial between a dispensary chain and Metrc LLC, the company contracted by the state to track cannabis sales, after the two agreed to settle a lawsuit the retailer filed over monthly fees the vendor charged for its state-mandated services.
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March 08, 2024
Md. Pot Regulators Eye Win In Challenge To Social Equity Plan
Maryland cannabis regulators on Friday asked a federal judge to toss a lawsuit alleging the state's social equity scheme unconstitutionally discriminates against out-of-state players, asserting that there is no such thing as a federally legal marijuana market.
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March 08, 2024
Colo. Judge Sends Pot Co. Receivership Dispute To Arbitration
A member of a struggling cannabis cultivation and dispensary business alleging mismanagement by other owners must take its receivership battle to arbitration, after a Colorado state judge found that the company's operating agreement requires it.
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March 08, 2024
Hiller PC Says Ex-Atty Stole From Firm, Not The Reverse
Boutique firm Hiller PC told a New York state judge that a suit by a former attorney alleging she was underpaid should be trimmed, arguing that unjust enrichment claims fail because she was actually stealing money from the firm, not the other way around.
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March 08, 2024
Longtime Cannabis Atty From Bressler Joins Fox Rothschild
Fox Rothschild LLP announced that an experienced cannabis and financial services attorney who spent nearly two decades with Bressler Amery & Ross PC has moved to the firm's litigation practice as a partner in Morristown, New Jersey.
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March 07, 2024
Biden Blasts 'Hidden Fees' During State Of The Union
During what could be his last State of the Union, President Joe Biden touted on Thursday night his administration's efforts to protect consumers by combating such issues as "junk fees" and price gouging.
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March 07, 2024
NY Cannabis License Scheme Not Discriminatory, State Says
New York cannabis regulators have urged a federal judge to reject a bid seeking to temporarily halt the issuance of marijuana retail licenses by a company that claims the social equity program is biased against white male entrepreneurs, arguing that the company "fundamentally misunderstands" how the program works.
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March 07, 2024
Marijuana Store Retaliated After Complaint, Ex-Worker Says
An Atlantic City, New Jersey, marijuana dispensary fired one of its employees after she requested that "loud music" being played in the shop be turned down because it triggered her post-traumatic stress, paranoia and anxiety, the ex-worker says in a discrimination lawsuit filed in New Jersey state court.
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March 07, 2024
Hawaii Senate OKs Cannabis Legalization Bill
The Hawaii Senate has approved a bill to legalize marijuana for adult nonmedical use and tax and regulate its sale, sending the proposal to the state House of Representatives for review.
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March 07, 2024
Sens. Tell Stores To Get Illegal E-Cigs Off Their Shelves
Five U.S. senators on Thursday told the heads of major convenience store and gas station chains to stop sales of unauthorized flavored e-cigarette products, saying that their illegal sales pose a major threat to public health, especially children's.
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March 07, 2024
Pot Co. Worker Claims Retaliation For Spotting Bad Policies
A Hollywood Boulevard-located cannabis dispensary, Pineapple Express, terminated one of its top-selling employees after he complained about the ways it was failing to follow California marijuana laws, according to a lawsuit filed in Los Angeles County Court.
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March 06, 2024
Vape Co. Is Denied Atty Fees After Subsidiary Loses Case
A vape and lifestyle brand headed by Instagram celebrity Dan Bilzerian that was hit with a $1.6 million judgment in a contract dispute can't get back its attorney fees, a Nevada federal judge has ruled, saying a party actually has to win money to recover expenses.
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March 06, 2024
Juul MDL Judge Asks Feds To Probe AI Fraud In $45.5M Deal
A California federal judge Wednesday approved e-cigarette Juul investor Altria's $45.5 million settlement and counsel's $13.65 million fee request to resolve consumer claims in Altria's broader $235 million multidistrict settlement agreement, but said fraudulent claims submitted by AI and "click farms" are a "real problem" prosecutors should investigate.
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March 06, 2024
3rd Circ. Questions Who Can Sue Under NJ Cannabis Law
The Third Circuit on Wednesday struggled to pinpoint whether workers can sue employers under a New Jersey law that protects them from punishment for cannabis use, while also expressing unease about accepting Walmart's assertion that state regulators possess broad enforcement authority.
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March 06, 2024
Senators Question Cherokee Tribe's Cannabis Co. Launch
Both of North Carolina's U.S. senators are asking for an inquiry into the upcoming launch of a Cherokee tribe's cannabis dispensary, saying the matter raises important questions on how to keep the state's residents safe.
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March 06, 2024
Wash. Business Can't Get Pot License Back After Eviction
A Washington appeals court won't upend a decision from the state's Liquor and Cannabis Board revoking a company's cannabis license after it was evicted, finding this week that the decision was supported by the evidence in front of the board and wasn't arbitrary or capricious.
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March 05, 2024
Wash. Court Says Dept. Jumped Gun On Weed Co. Wage Suit
The Washington Department of Labor and Industries prematurely commenced a wage action against a cannabis company, state appellate judges ruled, because it had not yet determined how much the company owed its workers.
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March 05, 2024
Wash. Appeals Judges Balk At Pot Investor's 2nd Fraud Suit
A three-judge panel of Washington state appeals court judges appeared frustrated Tuesday with an investor who permanently dropped a fraud case against partners in a failed cannabis venture but then filed related claims in a neighboring county, questioning how he could argue he needed to wait for the second salvo to ripen when an email explicitly states otherwise.
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March 05, 2024
Pot Co. Partner Questioned On Why $140M Award Was Unfair
A Colorado appeals judge seemed to doubt that a trial court correctly threw out a $140 million arbitration award in a dispute between partners in a cannabis business, pressing the target of the tossed award to prove the arbitrator was so unfair that his decision should be erased.
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March 05, 2024
Gibson Dunn AI Leader On Weathering The AI Policy Blizzard
Like a mountaineer leading a team through a snowstorm, Gibson Dunn & Crutcher LLP's artificial intelligence co-chair Cassandra L. Gaedt-Sheckter is guiding companies developing and using artificial intelligence through a blizzard of new laws and regulations coming online in Europe and the U.S., saying that assessing AI risks is the North Star to mitigating them.
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March 05, 2024
Ohio Pot Facility Explosion Sparks Suit Against Lighting Co.
An Ohio cannabis grower and its insurer accused a lighting products company of failing to warn them about the dangers of its merchandise after one of its lamps allegedly exploded in a growth facility, causing hundreds of thousands of dollars worth of damage.
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March 05, 2024
Judge Rips THC Drink Co.'s 'Repackaged' Injunction Bid
A manufacturer of THC- and CBD-infused beverages shouldn't prevail on its second attempt to stop a rival from marketing drinks under an allegedly similar name, an Illinois federal magistrate judge found Monday, writing that the company's second injunction request "simply repackaged and reargued information."
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March 05, 2024
Hemp Cos. Say NY Regulations Will Sink Industry In State
A group of hemp product makers, distributors and sellers are suing the New York State Cannabis Control Board and Office of Cannabis Management in federal court, saying newly adopted regulations will hamstring the industry and cost the businesses millions.
Expert Analysis
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Tackling Judge-Shopping Concerns While Honoring Localism
As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.
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Potential Risks And Benefits Of NY Cannabis Crop Rescue Act
Though proposed legislation in New York would help struggling cannabis farmers by allowing them to sell their crops directly to consumers, it poses numerous challenges for retailers and the state’s regulatory framework — and striking the right balance here will be crucial to shaping a sustainable, equitable industry, say Meaghan Feenan and William Wolfe at Harris Beach.
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Perspectives
How Attorneys Can Help Combat Anti-Asian Hate
Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.
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Opinion
Congress Needs To Enact A Federal Anti-SLAPP Statute
Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.
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Legal Pitfalls To Watch For When Advertising Psychedelics
As psychedelic products and related therapeutic services make their way into the mainstream, companies engaged in creating or publishing ads for such products and services should consider several legal implications on federal, state and local levels, says Dorian Thomas at Frankfurt Kurnit.
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Roadblocks For Cannabis Employers Setting Up 401(k) Plans
Though the Internal Revenue Code and the Employee Retirement Income Security Act generally allow cannabis businesses to establish 401(k) plans for their employees, companies must still pick their way through uncertainties around tax deductions and recruiting reliable vendors, say attorneys at Shipman & Goodwin.
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Some Client Speculations On AI And The Law Firm Biz Model
Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.
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A Lawyer's Guide To Approaching Digital Assets In Discovery
The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.
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Opinion
High Court's Ethics Statement Places Justices Above The Law
The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.
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Opinion
Time For Law Schools To Rethink Unsung Role Of Adjuncts
As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.
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Tips For In-House Legal Leaders In A Challenging Economy
Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.
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What Associates Need To Know Before Switching Law Firms
Excerpt from Practical Guidance
The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.
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Cannabis Supercenters: Key Benefits And Legal Issues
Barstow, California’s novel plan to convert an abandoned mall into a cannabis supercenter could offer a potential blueprint for cannabis companies to thrive in a saturated market and for communities to repurpose underutilized retail spaces — but certain financing, zoning and leasing issues will need to be assessed, says Christopher Gordon at Fox Rothschild.
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A Case For Sharing Mediation Statements With Counterparties
In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.
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Preparing For Legal Scrutiny Of Data Retention Policies
Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.