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Cannabis
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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.
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January 16, 2025
1st Circ. Vacates Most Of Atty's Marijuana Bribe Conviction
The First Circuit vacated a pair of fraud convictions for a Massachusetts attorney charged in a marijuana bribery scheme, finding that sending an iMessage through an Apple cellphone is not enough to satisfy the wire fraud element requiring interstate communication.
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January 15, 2025
Mich. US Atty Talks Rooting Out Public Corruption 'Poison'
U.S. Attorney Mark Totten said Wednesday he's proud of his office's work prosecuting Michigan's former speaker for taking bribes from players in the state's nascent marijuana industry, calling the corruption crackdown vital to maintaining a healthy democracy, as he reflected on his time as the top federal prosecutor for the Western District of Michigan.
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January 15, 2025
CBD Oil Co. Says Brokers, Suppliers Lied About Hemp Quality
A New Jersey hemp producer and CBD oil extractor is suing a pair of brokers and hemp suppliers in federal court, alleging that despite promising and charging for high-quality biomass, they instead supplied "dirt quality" hemp with far lower potency than advertised.
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January 15, 2025
Ex-Pot Co. Director Wants Trade Secrets Claims Tossed
A former operations director for Curaleaf Inc. is asking a Colorado federal court to throw out the company's claims that he breached a confidentiality agreement and shared information with a former business partner.
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January 15, 2025
Mass. Justices Bolster Local Enforcement Of Tobacco Laws
Massachusetts' highest court ruled Wednesday that local public health officials do not have to go to court to fine businesses caught violating the state's tobacco laws, including restrictions on the sale of flavored products.
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January 15, 2025
DHS Wants NM Pot Cos.' Property Seizure Suit Tossed
The U.S. Department of Homeland Security and U.S. Customs and Border Protection are urging a New Mexico federal court to toss claims by eight cannabis companies alleging that federal agents wrongfully seized cannabis, money and property at checkpoints.
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January 14, 2025
Cannabis Reformers Split After DEA Judge Cancels Hearings
The cannabis legal and business world was divided Tuesday after a U.S. Drug Enforcement Administration judge hit pause on widely anticipated and historic public hearings on the merits of a proposal to loosen federal restrictions on marijuana.
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January 14, 2025
Cannabist Moves Illinois Oil Potency Case To Federal Court
The Cannabist Co. Holdings and its affiliated companies have removed to federal court a suit alleging they make products using highly potent cannabis oils without warning consumers that the amounts of THC are illegal in Illinois.
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January 14, 2025
Insurer Says It Owes No Coverage In Pot Co. Death Suit
Trisura Specialty Insurance Co. has told a Florida federal court exceptions to Trulieve Inc.'s insurance policy relieve it from having to defend the cannabis company from a wrongful death suit.
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January 14, 2025
Curaleaf's Ex-CEO Wants Out Of Ex-VP's Pay, Sex Bias Suit
The former CEO of Curaleaf Holdings Inc. is urging a Massachusetts federal court to toss a former senior vice president's claims against him in a suit alleging the company discriminated against her for her gender and race, saying the state's courts don't have jurisdiction over him.
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January 13, 2025
Amid Claims Of Agency Bias, DEA Judge Nixes Pot Hearings
A Drug Enforcement Administration tribunal on Monday canceled planned hearings on the merits of a proposal to loosen federal restrictions on marijuana so that pro-rescheduling parties can bring their allegations of agency bias straight to the DEA's administrator.
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January 13, 2025
Judge Orders NY Authorities To Halt Raids Of Hemp Stores
A New York state judge on Monday ordered state cannabis regulators and city law enforcement officials to halt certain actions against hemp stores suspected of selling unlicensed cannabis, saying their raids likely represented an unconstitutional government overreach.
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January 13, 2025
NY Dispensaries Say Pot Agencies Broke Proximity Rules
A group of four adult-use marijuana dispensaries are suing New York's cannabis regulators, aiming to vacate the issuance of licenses for four competing dispensaries that they say violate the state's 1,000-foot buffer between outlets.
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January 13, 2025
Mich. Pot Agency Says Processor Violated State Regulations
Michigan's Cannabis Regulatory Agency has filed a formal complaint against a Mt. Morris cannabis processor, saying that it handled hemp isolate without having a license to do so.
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January 13, 2025
Cannabis Co. Again Seeks Dismissal Of Finder's Fee Suit
The Cannabist Co. Holdings Inc. is asking a New York federal court to once again throw out a suit from an associate alleging he is owed $800,000 for facilitating an investment, saying New York law bars oral finder's fee contracts and the claims are still blocked by the statute of limitations.
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January 10, 2025
SEC Fines Cannabis Co. Acreage Over Accounting Violations
A multi-state cannabis industry operator recently acquired by Canadian cannabis industry giant Canopy will pay $225,000 to resolve administrative U.S. Securities and Exchange Commission claims that it orchestrated a $4.2 million round-trip transaction with an affiliate to inflate its reported cash balance.
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January 10, 2025
Instagrammer Wants IP Suit Kept in Nevada Federal Court
Instagram star Dan Bilzerian told a federal judge in Nevada this week that the Silver State is the appropriate venue for his lawsuit against a former chief financial officer of the vape and lifestyle brand he helped start, even though the company is based in Canada.
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January 10, 2025
FDA Tells Justices RJ Reynolds Challenge Belongs In DC Circ.
The U.S. Food and Drug Administration urged the U.S. Supreme Court on Friday to send a suit by R.J. Reynolds Vapor Co. and two retailers challenging the denial of a marketing application from the Fifth Circuit to the D.C. Circuit, saying federal law doesn't allow a manufacturer to forum shop by bringing a retailer into its challenge.
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January 10, 2025
Minn. Worker Says Honeywell Nixed Job Offer Over Drug Test
A Minnesota man is suing Honeywell International Inc., saying that the company violated state cannabis and disability law when it rescinded an offer of employment after he tested positive for cannabis use despite being on the state's Medical Cannabis Registry.
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January 10, 2025
Illinois Adds 4 Conditions To Medical Pot Eligibility List
The Illinois Department of Public Health has issued an order adding four conditions to the list of medical issues eligible for treatment with medical cannabis.
Expert Analysis
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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Bankruptcy Courts May Be Budding Open To Cannabis Cases
Two recent California bankruptcy court rulings, denying motions to dismiss the respective debtors' bankruptcies, provide persuasive authority to allow cannabis debtors the protections of federal bankruptcy law, say Noah Weingarten and Bethany Simmons at Loeb & Loeb.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Can Chapter 15 Bankruptcy Help Cannabis Businesses?
Attorneys at Fox Rothschild consider whether Chapter 15 may be used as a tool to liquidate U.S. assets of cannabis companies in foreign bankruptcy proceedings, and look at the statutory provisions that may have a bearing on the successful liquidation of assets under the Bankruptcy Code.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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Cannabis Biz Real Estate Loan Considerations For Lenders
Now that cannabis sales are legal in some states, real estate lenders are interested in financing the land used by cannabis companies, but because cannabis sales are still illegal under federal law, lenders must make adjustments for cannabis-adjacent transactions, say Mark Levenson and Jeffrey Wendler at Sills Cummis.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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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.