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Cannabis
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January 02, 2025
Reps. Titus, Omar To Co-Chair Congressional Cannabis Caucus
Democratic Reps. Dina Titus and Ilhan Omar announced Thursday that they have been appointed to co-chair the Congressional Cannabis Caucus, succeeding Reps. Earl Blumenauer and Barbara Lee, who are retiring at the end of the week.
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January 02, 2025
Texas Pot User's Gun Conviction Deemed Unconstitutional
A Texas federal judge has dismissed a case against a cannabis user who pled guilty to owning a gun while being a user of controlled substances, finding that the law as applied to this case is unconstitutional because the government hasn't shown he was intoxicated at the time of his arrest.
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January 02, 2025
Hoboken Pot Dispensary Was Rightly Approved, Panel Finds
A New Jersey appeals panel has given its approval to a Hoboken marijuana dispensary, saying the trial court was wrong to block it from operating based on an ordinance passed after it submitted a conditional use application for its location.
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January 01, 2025
The Top 5 High Court Cases To Watch This Spring
The U.S. Supreme Court justices will return from the winter holidays to tackle major First Amendment questions and several administrative law disputes — all arising from the Fifth Circuit — that could further change how federal agencies promulgate rules and defend them.
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January 01, 2025
Copyright & Trademark Policy And Trends To Watch In 2025
Congress has its sights set on cracking down on deepfakes this year with a pair of proposals aimed at establishing uniform protections for individuals nationally, and intellectual property attorneys are watching Illinois, which has become a go-to place to pursue online counterfeiters. Here are Law360's picks for the copyright and trademark policies and trends to watch this year.
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January 01, 2025
Cannabis And Hemp Lawsuits To Watch In 2025
A California litigator alleging the unconstitutionality of multiple state and local cannabis licensure programs is pushing his actions through the federal circuit courts, hemp industry stakeholders are alleging that states have overstepped their authority with policies meant to rein in intoxicating products, and a coalition of marijuana companies' challenge to the federal ban on prohibition had its day in federal appellate court.
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January 01, 2025
Cannabis Advocates Hone Their Policy Goals For 2025
With Republicans set to control the legislative and executive branches, cannabis advocates predict that federal cannabis reforms in 2025 are still achievable, but note they will likely be more incremental than holistic, with an emphasis on public safety and states' rights.
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January 01, 2025
Pa. Legislation To Watch: Noncompetes, Funding Solutions
A new Pennsylvania law restricting noncompete agreements for certain healthcare workers has left some employment law attorneys with questions, while perennial public transit funding issues signal that revenue-generating regulations could appear on next year's legislative agenda.
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December 23, 2024
Altria Unit Convinces Calif. Court To Ban Retail Elf Bar Sales
The e-cigarette unit of tobacco giant Altria Group scored a legal victory against the highly popular flavored vape brand Elf Bar after it convinced a California federal judge to block a number of smoke shops from selling the Chinese made products.
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December 23, 2024
House Report Says Gaetz Paid For Sex, Accepted Gifts
Former U.S. Rep. Matt Gaetz regularly paid women for sex, including with one 17-year-old girl, used illicit drugs and accepted a trip to the Bahamas in excess of permissible gift amounts, according to a report released Monday morning by the U.S. House of Representatives Committee on Ethics.
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December 20, 2024
Panel Baffled Why Prosecutor Left Holding Bag In Weed Case
A Michigan state judge who stuck the Wayne County Prosecutor's Office with a $66,000 bill for marijuana destroyed by police and said he'd "let the Court of Appeals sort it out" left those appellate judges scratching their heads — and reversing his decision on Thursday.
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December 20, 2024
Top Product Liability Cases Of 2024
Some of the top cases for product liability for 2024 include an Ohio Supreme Court ruling on opioids and public nuisance, baby formula trials and an appellate decision in Fosamax litigation.
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December 20, 2024
Trulieve Wants Quick Win Over Insurer In Wrongful Death Suit
Trulieve said it's entitled to a default win against one of the two insurance providers it claims are supposed to indemnify it against a cannabis worker's wrongful death suit, saying the provider failed to respond to its litigation.
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December 20, 2024
Psychedelics Law Reformers Hit Multiple Setbacks In 2024
In 2024, advocates, physicians and researchers attempted to broaden lawful access to federally illegal psychedelic drugs through a variety of avenues — the new drug approval process, litigation and a ballot initiative — with the upshot that the law remains largely unchanged and, for the most part, still restricts legal use and possession of these substances.
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December 20, 2024
Firm's Fee Battle With Pot Co. Could Turn On An Ellipsis
The fate of Lowenstein Sandler LLP's battle over nearly $800,000 in unpaid legal fees with a cannabis dispensary could hinge on how a judge interprets an ellipsis in a legal brief.
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December 19, 2024
Vape Cos. Challenge Iowa Law Banning Many E-Cigarettes
Iowan vape interests are looking to stop state officials from enforcing a new law prohibiting the sale of many e-cigarettes, claiming in a federal lawsuit that the statute was pushed by "Big Tobacco" company Reynolds American Inc. and targets products that help people quit smoking.
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December 19, 2024
Fed. Circ. OKs $95M Altria Vape Patent Win Against Reynolds
The Federal Circuit on Thursday upheld a $95.2 million jury verdict against R.J. Reynolds for infringing Altria vape patents, rejecting Reynolds' arguments that the finding was not supported by the evidence and was based on expert damages testimony that was unreliable.
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December 19, 2024
The Spiciest Quotes Heard In Mass. Courts In 2024
Another year of hard-fought litigation was replete with quips, barbs, and both attorneys and defendants put on blast — plus one litigant who simply wished for the return of a nine-foot bedazzled grand piano.
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December 19, 2024
2nd Circ. Mulls Dormant Commerce Applicability To Marijuana
A Second Circuit panel appeared conflicted Thursday on whether the dormant commerce clause applies to federally illegal marijuana and, if so, whether New York cannabis regulators still had an interest in ensuring that some cannabis licenses went to locals.
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December 19, 2024
Cannabis Co. Proper Brands Purchased As Part Of $397M Deal
Missouri cannabis operator Proper Brands, advised by Cassels Brock & Blackwell LLP, on Thursday announced plans to merge with medical cannabis company Vireo Growth Inc., advised by Dorsey & Whitney LLP, as part of a series of all-stock transactions totaling $397 million.
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December 18, 2024
Split 9th Circ. Backs 46-Month Prison Term For Stock Pumper
A divided Ninth Circuit on Wednesday affirmed a 46-month sentence for a Canadian man convicted of securities fraud in a pump-and-dump scheme involving a cannabis and gaming company, rejecting his argument that the lower court erred by calculating "intended loss" to enhance his sentence, since circuit precedent recognizes both actual and intended losses.
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December 18, 2024
Solar Co. Wants Colo. Hemp Growers' $200M Suit Tossed
Energy company AES Corp. wants out of a $200 million lawsuit brought by Colorado hemp growers over broken irrigation lines, saying the farmers are "feign[ing] ignorance" in hopes of keeping the suit in Colorado federal court.
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December 18, 2024
Philip Morris Sues FDA Over New Cigarette Warning Labels
Tobacco giant Philip Morris and a group of Georgia convenience store interests have sued the U.S. Food and Drug Administration over a rule that would add graphic warnings to cigarette labels, alleging the agency is exceeding its statutory authority in a move that would mark a "sea change" for the industry.
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December 18, 2024
RJ Reynolds Asks Justices To Toss Forum Shopping Argument
R.J. Reynolds Vapor Co. is urging the U.S. Supreme Court to reject the U.S. Food and Drug Administration's argument that the vape company engaged in forum shopping when it challenged denial of one of its applications in the Fifth Circuit, saying its Texas- and Mississippi-based co-petitioners make the Fifth Circuit the proper venue.
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December 18, 2024
Lowenstein Sandler Dispensary Fee Suit Must Fail, Court Told
Lowenstein Sandler LLP sunk its own $766,000 breach of contract and unjust enrichment suit by failing to give proper notice prior to filing, a New Jersey cannabis dispensary told the state court, hitting back against the firm's claims that its complaint is a continuation of an "ancillary legal action" — a bankruptcy proceeding.
Expert Analysis
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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.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.