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Cannabis
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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.
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January 09, 2025
SEC Sues To Enforce $3M Cannabis Investment Fraud Deal
The U.S. Securities and Exchange Commission has asked a Utah federal court to enforce an administrative cease-and-desist order requiring a wealth management company and its owner to give the regulator over $3 million they previously agreed to pay to end claims they defrauded investors in a $19.5 million cannabis-linked fund raise.
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January 09, 2025
Ark. Cites 4th Circ. Ruling In Dispute Over Hemp THC Limit
Arkansas is pointing the Eighth Circuit's judges toward an opinion earlier this week from their colleagues in the Fourth Circuit, saying they should consider it as they mull whether to allow the state's regulations on intoxicating hemp products to stand.
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January 09, 2025
Mich. City Fights Pot Co.'s Bid To Stop Adult Use Licensing
The city of Pontiac, Michigan, is asking a federal court to deny a bid from a would-be cannabis retailer to halt the city's process of issuing recreational use cannabis licenses, saying the company's claims are premature and likely to fail.
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January 08, 2025
NY Fed Beats Puerto Rico Bank's Suit Over Master Account
A New York federal judge on Wednesday tossed without prejudice a Puerto Rico bank's suit that sought to block the closure of its Federal Reserve master account, finding the New York Fed's interpretation of the Federal Reserve Act was correct and that the bank does not have a statutory right to a master account.
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January 08, 2025
Ky. Lawmaker Files Pot Legalization, Decriminalization Bills
A Democratic Kentucky lawmaker this week filed a bill to decriminalize possession of marijuana and allow expungements of cannabis convictions as well as another bill that would allow voters to decide whether to legalize marijuana for adult use.
Expert Analysis
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Constitutional Protections For Cannabis Companies Are Hazy
Cannabis businesses are subject to federal enforcement and tax, but often without the benefit of constitutional protections — and the entanglement of state and federal law and conflicting judicial opinions are creating confusion in the space, says Amber Lengacher at Purple Circle.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 37 different rulemaking and litigation areas.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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How Cannabis Rescheduling May Affect Current Operators
The U.S. Drug Enforcement Agency's proposal to reschedule marijuana to Schedule III provides relief in the form of federal policy from the stigma and burdens of Schedule I, but commercial cannabis operations will remain unchanged until the federal-state cannabis policy gap is remedied by Congress, say Meital Manzuri and Alexis Lazzeri at Manzuri Law.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.