Cannabis

  • February 07, 2025

    Pa. Medical Pot Co. Beats Consultant's IP Breach Claims

    A Pennsylvania federal judge has thrown out a lawsuit filed by a consultant claiming that his methods for growing plant tissue samples was stolen by a medical cannabis company he worked with, ruling that the consultant's system was not a protected trade secret.

  • February 07, 2025

    GOP Sens. File Bill To Make Pot Co. Tax Penalty Permanent

    Republican U.S. senators have filed a bill that would bar cannabis companies from taking business deductions even if cannabis is taken off of Schedule 1 of the Controlled Substances Act.

  • February 07, 2025

    Too Early To Challenge RI Pot License Plan, Judge Finds

    A Rhode Island federal judge has dismissed two suits challenging the state's social equity cannabis licensing program, saying the Rhode Island Cannabis Control Commission hasn't set its rules yet, so the issue isn't ripe for judicial review.

  • February 06, 2025

    Buyers Want Kratom Cos. Addiction Suit To Go On

    Two California kratom manufacturers shouldn't be allowed to escape a lawsuit claiming they failed to warn about the "highly addictive" nature of their products, a proposed class of consumers argued, pointing to a podcast where a company executive suggested their products were more potent than morphine.

  • February 06, 2025

    SEC's Dealer Suit May Criminalize Major Investors, Funds Say

    The hedge fund industry has urged the Eighth Circuit on to overturn a U.S. Securities and Exchange Commission victory against a penny stock trader, arguing that the SEC's case threatens to "make a felon of every institutional investor" by declaring them unregistered securities dealers.

  • February 06, 2025

    Anti-Legalization Group Vows To Go On 'Offense'

    The head of a leading anti-drug nonprofit on Thursday pledged to go on the offensive by lobbying to undo the federal law legalizing intoxicating hemp, fighting a pending proposal to loosen federal cannabis restrictions and attempting to reverse state-level legalization.

  • February 06, 2025

    Ex-Worker Hits Pot Giant Cresco With Wrongful Firing Suit

    A former kitchen agent for Cresco Labs LLC is suing the cannabis giant in Illinois federal court, alleging she was wrongly fired after a workplace injury and was not afforded time off as required under the Family and Medical Leave Act.

  • February 06, 2025

    Pot Co. Jushi Can't End Rival Shop's Antitrust Claims

    Cannabis distributor Jushi Holdings could plausibly be shown to have taken advantage of a Massachusetts town's retail marijuana permitting process and conspired with the sellers of a shop it purchased in 2021 to block a competitor from opening nearby, a Massachusetts federal judge ruled.

  • February 06, 2025

    Nixon Peabody Adds Greenberg Glusker Cannabis Co-Chair

    Nixon Peabody LLP is boosting its West Coast litigation team, bringing in a former federal prosecutor, who was most recently the founder and co-chair of the cannabis practice at Greenberg Glusker LLP, as a partner in its Los Angeles office.

  • February 06, 2025

    Fla. Judge Beats Bias Challenge In Presiding Over CBD Suit

    A Florida federal judge on Thursday rejected an objection by former franchisee for CBD company American Shaman Franchise System LLC to a magistrate judge's decision not to recuse herself from his breach of contract case.

  • February 06, 2025

    Mich. Man's Challenge To LA Pot Social Equity Program Axed

    A California federal judge has dismissed with prejudice a Michigan man's suit challenging Los Angeles' social-equity cannabis-licensing scheme, finding he can't claim the program is unconstitutional because the dormant commerce clause does not apply to the federally illegal interstate cannabis market.

  • February 05, 2025

    Cannabis Industry Frozen Out Of Banks, Senators Told

    The cannabis industry's difficulty securing access to financial services was raised Wednesday during a Senate committee hearing focused on the issue of debanking, or excluding individuals and companies from financial services.

  • February 05, 2025

    Judge Won't Pause Crowdfunding Case After Fraud Indictment

    A target of the U.S. Securities and Exchange Commission's first crowdfunding enforcement action can't pause that three-year-old case to defend himself against unrelated charges that he ran a pump-and-dump scheme with a hallucinogenic mushroom company, a Michigan judge ruled Wednesday.

  • February 05, 2025

    Cuts To Medicaid Will Devastate Tribal Healthcare, Experts Say

    As talks of big funding slashes to Medicaid loom among federal lawmakers, Indigenous communities say they will face devastating losses if any anticipated legislation passes, leading to cuts in Indian Country's healthcare workforce, a large gap in services for children and a rise in preventable illnesses.

  • February 05, 2025

    Lowenstein Sandler Aims To Combine Dueling Dispensary Suits

    Lowenstein Sandler LLP has moved in New Jersey state court to consolidate its $800,000 legal fee case against a cannabis dispensary with a malpractice suit that the dispensary recently filed against it and handle the cases in Essex County.

  • February 05, 2025

    Ex-CBD Co. Franchisee Says Magistrate Can't Rule On DQ Bid

    A former franchisee for CBD company American Shaman Franchise System LLC on Wednesday objected to an order from a magistrate judge rejecting his bid to disqualify her, saying that a magistrate judge has no authority to decide on a posttrial motion.

  • February 04, 2025

    RI Says Flavored Vape Ban Is 'Rational,' And Must Stand

    The state of Rhode Island is urging a federal court to throw out a suit by two retailers challenging the state's ban on the sale of flavored e-cigarettes, saying the plaintiffs can't show that there's no rational basis for the law.

  • February 04, 2025

    Docs Say DEA Didn't Put All Documents In Pot Hearing Record

    A group of doctors who had petitioned to halt the Drug Enforcement Administration's hearings on whether to reschedule cannabis under the Controlled Substances Act are asking the D.C. Circuit to order the agency to add documents to the record that they say have been wrongly excluded.

  • February 04, 2025

    Pa. Governor Puts Cannabis Legalization In Budget Proposal

    Pennsylvania Gov. Josh Shapiro on Tuesday announced a plan to legalize recreational cannabis later this year as part of his budget proposal.

  • February 03, 2025

    Conn. City Wants Cannabis Facility Zoning Challenge Axed

    The city of Stamford, Connecticut, on Monday asked a state trial court judge to dismiss a citizen lawsuit challenging its zoning board's approval of a cannabis dispensary on the city's eastern municipal line, arguing the group and its members lack standing to sue for four reasons.

  • February 03, 2025

    DOJ Seeks Toss Of Atty's FOIA Suit Over DEA Comms

    The federal government has renewed its bid to dismiss a Texas attorney's lawsuit seeking the production of communications between Drug Enforcement Administration personnel and anti-legalization activists regarding a proposal to loosen federal restrictions on marijuana.

  • February 03, 2025

    Nebraska Medical Pot Campaign Warns Against GOP Bill

    The campaigners behind a pair of voter-approved initiatives to legalize and regulate medical marijuana in Nebraska sounded the alarm on Monday about a new Republican-backed bill they say would "strip away what the people enacted."

  • February 03, 2025

    DC Wants Pot Enforcement Suits To Stay In Federal Court

    The District of Columbia is arguing that a group of suits by cannabis-related businesses and associations belong in federal court, saying it is "paradoxical" for them to want the cases removed to state-level court when they clearly involve federal law and constitutional questions.

  • February 03, 2025

    Asbury Park, Zoning Board, Again Escape Pot Co.'s Suit

    A New Jersey federal judge has once again dismissed claims from a would-be cannabis dispensary alleging the city of Asbury Park and its Zoning Board conspired to deny its application in favor of a rival seller, saying the latest amended complaint doesn't shore up the shortcomings in the prior one.

  • February 03, 2025

    Michigan Pot Co. Says Competitor Can't Join Licensing Suit

    A Michigan company seeking to pause a town's marijuana licensing process said another pot retail hopeful shouldn't be able to join the lawsuit because the competitor does not have the same property interests at stake and its involvement would open the door for more applicants to attempt to intervene.

Expert Analysis

  • Perspectives

    Accountant-Owned Law Firms Could Blur Ethical Lines

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    KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.

  • AI Will Soon Transform The E-Discovery Industrial Complex

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    Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.

  • When Innovation Overwhelms The Rule Of Law

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    In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

  • Parsing 3rd Circ. Ruling On Cannabis, Employee Private Suits

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    The Third Circuit recently upheld a decision that individuals don't have a private right of action for alleged violations of New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, but employers should stay informed as the court encouraged the state Legislature to amend the law, say attorneys at Mandelbaum Barrett.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • 2025 May Be A Breakout Year For The Cannabis Industry

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    The cannabis industry faced a slow and frustrating 2024, but consumer trends continue to shift in favor of cannabis, and the new administration may provide the catalyst that the industry needs, says Lynn Gefen at TerrAscend.

  • Scope And Nature Of Judicial Relief Will Affect Loper's Impact

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    The practical result of post-Loper Bright rulings against regulatory actions will depend on the relief courts grant — and there has been controversy in these types of cases over whether the ruling is applied just to the parties or nationwide, and whether the action can be left in place while it's corrected, says Steven Gordon at Holland & Knight.

  • The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.

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    The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

  • Calif. Cannabis Decision Deepens Commerce Clause Divide

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    In Peridot Tree v. Sacramento, the Eastern District of California joined a growing minority of courts that have found the dormant commerce clause inapplicable to state-regulated marijuana, and the Ninth Circuit will soon provide important guidance on this issue, say attorneys at Perkins Coie.

  • Mentorship Resolutions For The New Year

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    Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.

  • The Most Important Schedule I Drug Regulatory Shifts Of 2024

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    In 2024, psychedelics and cannabis emerged as focal points in medical research, marking a pivotal year in their legal and regulatory journey, but these developments presented both opportunities and challenges within this evolving field, say Kimberly Chew at Husch Blackwell and Stephen Kim at Avicanna.

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