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Cannabis
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December 09, 2024
NC Hemp Store Owners Say Raids Targeted Their Race
North Carolina sheriff's deputies allegedly "ransacked" and robbed two hemp stores and harassed their Middle Eastern owners in an effort to run them out of their community despite the businesses being legal, according to a new complaint filed in federal court.
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December 06, 2024
Neb. Tribe Asks US High Court To Undo Tobacco Sales Ruling
A Nebraska tribe's tobacco companies are asking the U.S. Supreme Court to overturn an Eighth Circuit ruling that held the state can regulate a tribally owned manufacturer's sales of cigarettes to Indigenous-owned distributors, arguing that Native American nations' ability to conduct their own affairs within their own borders is at stake.
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December 06, 2024
Mich. Pot Cos. Get A Shot At Undoing Rivals' Licenses
Two Detroit-area companies that largely lost their bids challenging a municipality's award of marijuana retail licenses to competing enterprises will get an opportunity to invalidate those permits in court, a Michigan state appeals court has ruled, finding the city violated the state's open meetings law.
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December 06, 2024
Calif. Judge Revives H-1B Application For Biz With Pot Ties
A California federal judge has revived a software company's application for a foreign employee's H-1B visa amendment, ruling the government was not justified in denying the application because of the company's clientele in the cannabis industry.
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December 06, 2024
Neb. Judge Nixes Bid To Revisit Challenge To Medical Pot
A Nebraska state judge has refused to reopen the secretary of state's challenge to medical marijuana legalization ballot initiatives, calling the motions largely "futile" in her order — teeing up a potential appeal before the state's highest court.
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December 06, 2024
Ex-City Officials In California Cop To Cannabis Permit Bribes
Two former officials of Los Angeles County cities have pled guilty to bribing another local politician in an attempt to influence his votes for cannabis dispensary permits.
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December 06, 2024
NLRB Judge Greenlights Counting Of Ballots At Cannabis Co.
Ballots challenged in a representation election at a cannabis product manufacturer in Washington state should be counted, a National Labor Relations Board judge concluded, tossing the company's claims that some voters are ineligible because they are agricultural laborers who aren't covered under federal labor law.
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December 05, 2024
Texas Lt. Gov. Wants Ban On Hemp-Derived THC Products
Texas Lt. Gov. Dan Patrick has unveiled legislation that looks to ban all forms of consumable THC, including hemp products that "might include unremovable, nonintoxicating trace amounts of delta-9 THC."
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December 05, 2024
Gov't Efficiency Push Is A 'New Day,' House Speaker Says
House Speaker Mike Johnson, R-La., spoke excitedly Thursday about the new government efficiency operation helmed by billionaire Elon Musk and former presidential candidate Vivek Ramaswamy and touted the budding bipartisan lineup of a congressional caucus that will work with it.
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December 05, 2024
Man Says NC Failed To Prove He Had Cannabis, Not Hemp
A North Carolina man is appealing his conviction for possession and intent to distribute cannabis, saying the state failed to show evidence that the material they seized from him was cannabis as opposed to legal hemp.
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December 05, 2024
Boies Tells 1st Circ. Cannabis Precedent Is Outdated
The premises undergirding a 19-year-old U.S. Supreme Court precedent on cannabis policy have changed so dramatically in the intervening years that its holdings no longer apply to the current marijuana landscape, litigator David Boies told a First Circuit panel during oral arguments Thursday.
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December 05, 2024
FDA Warns 115 Retailers Over Unauthorized E-Cigarettes
The U.S. Food and Drug Administration has issued warning letters to 115 retailers across the country for selling unauthorized e-cigarettes that appeal to youths, the agency said Thursday.
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December 05, 2024
Colo. Panel Sides With Cannabis Atty In Former Client's Suit
The Colorado Court of Appeals ruled on Thursday that a cannabis attorney cannot be held liable for a former marijuana cultivator client's business failing when they violated land use rules because the attorney was no longer representing them at the time.
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December 05, 2024
Lowenstein Sandler Suit Gets New NJ Judge After DQ Request
Lowenstein Sandler LLP has persuaded an Essex County Superior Court judge to recuse himself from the firm's $800,000 fee suit against a cannabis dispensary over social connections to the litigants and their counsel and had the case assigned to a new judge this week.
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December 05, 2024
Medical Pot Group Sues NY Over New $20M Licensing Fee
The New York Medical Cannabis Industry Association Inc. is suing the state's cannabis regulators, saying a new $20 million fee to convert operators' licenses from medical to adult use is an unconstitutional and punitive tax aimed at keeping them out of the adult-use market.
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December 04, 2024
Hemp Farmers Say Bid To Nix $200M Suit Is A Smoke Screen
Two Colorado hemp growers have urged a federal judge to keep alive their lawsuit alleging that a solar energy company's construction on nearby leased land caused more than $200 million in crop damage, arguing that contractors and subsidiaries involved in the construction don't have to be added to the suit.
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December 04, 2024
DEA Judge Sets Pot Rescheduling Hearings
The Drug Enforcement Administration will kick off six weeks of hearings in late January on the merits of the attorney general's proposal to loosen restrictions on marijuana, an agency administrative law judge said Wednesday.
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December 04, 2024
Potent Cannabis Oils Violate Ill. Laws, Suits Say
Four proposed classes are suing several cannabis product makers and sellers, alleging that products made with Rick Simpson Oil and other potent types of cannabis oils go far beyond Illinois' and other states' legal limits, and the companies fail to warn customers that they're illegal.
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December 04, 2024
Legal Clouds Part For 2 Who Assisted In Cannabis Fraud Case
A Manhattan federal judge on Wednesday allowed a pair of New Jersey business partners to avoid prison for aiding in a scheme to siphon portions of $14 million raised for a cannabis-infused consumer products company, crediting their cooperation with prosecutors.
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December 04, 2024
Pot Co. Investors Get Another Shot At Securities Suit
A New York federal judge has given a group of investors another chance to pursue claims that Cronos Group Inc. misled backers about its financial benchmarks, saying allegations stemming from a U.S. Securities and Exchange Commission settlement could be enough for the claims to survive.
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December 03, 2024
Wheeling & Appealing: The Latest Must-Know Appellate Action
December's appellate forecast calls for a squall of showdowns in a tiny time period before the holidays, including arguments involving recent U.S. Supreme Court cases, Big Tech's patents and popular purveyors of health food. In addition, winds of change are swirling around the White House's litigation posture and judicial nominations, and we'll quiz you on the latter in this edition of Wheeling & Appealing.
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December 03, 2024
DC Circ. Rejects Dispensary's Challenge To Union Vote
The D.C. Circuit tossed a Phoenix cannabis dispensary's challenge to union certification Tuesday, saying the dispensary forfeited the right to raise the argument in federal court by failing to bring it to the National Labor Relations Board first.
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December 03, 2024
Fla. Vape Maker Sues Colo. Rival Alleging Infringed Patent
Florida-based VPR Brands LP sued O.Pen Vape LLC in Colorado federal court on Tuesday, alleging that the Colorado-based seller is distributing electronic cigarettes that infringe a VPR patent.
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December 03, 2024
VA Announces Study On MDMA-Assisted Therapy For Vets
The U.S. Department of Veterans Affairs announced Tuesday it will fund a study on psychedelic-assisted therapy for veterans with post-traumatic stress disorder and alcohol use disorder, alongside researchers from Brown University and Yale University.
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December 03, 2024
Veterans Group Challenges Exclusion From DEA Pot Hearing
A veterans group is challenging the U.S. Drug Enforcement Administration's decision to deny it a spot among 25 participants in hearings exploring whether to reschedule cannabis under the Controlled Substances Act, saying veterans have been deprived of an advocate for a conclusion that would best suit their needs.
Expert Analysis
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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What New Calif. Law Means For Cannabis Lounges
With a recently enacted California law authorizing licensed cannabis retailers and microbusinesses to prepare and sell noncannabis food and beverages, the door opens for a more sustainable business model — but challenges related to costs and liability remain, says Tracy Gallegos at Duane Morris.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Incoming Admin May Shake Up Life Sciences Regulation
Though President-elect Donald Trump has not yet articulated policy priorities regarding the life sciences industry, the sector is positioned to see significant changes that could affect everything from drug exclusivity and generic drug approvals, to the availability of over-the-counter drugs, to laboratory-developed tests and digital health, say attorneys at Morgan Lewis.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Justices Must Weigh Reach Of Civil RICO In Cannabis Case
Oral arguments in Medical Marijuana Inc. v. Horn suggest that a majority of the U.S. Supreme Court may agree that a truck driver's losing his job after unknowingly ingesting THC and failing a drug test does not merit a racketeering claim — but the court may not buy the other side's theory of the case either, say attorneys at Lewis Baach.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.