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Cannabis
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July 26, 2024
Broncos Throw Flag On Ex-Player's THC Discrimination Bid
The NFL and the Denver Broncos are looking to sidestep a former team member's disability discrimination lawsuit claiming the league and team unfairly fined him $532,500 for using THC to treat an injury, arguing that the collective bargaining agreement they signed preempts state law.
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July 26, 2024
Hemp Exporter's Lost-Product Claims Fail At 4th Circ.
A hemp exporter lost a bid for payment for lost products at the Fourth Circuit on Friday when the court ruled that the Montreal Convention precludes claims that a transportation company was liable for the destruction of more than a ton of product by U.S. Customs and Border Protection.
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July 26, 2024
Cannabis Litigation To Watch: Delta-8 And Residency Rules
In the first half of 2024, a series of lawsuits taking aim at state hemp restrictions and another set of suits challenging purported residency criteria in state cannabis licensure programs were briefed in multiple appellate courts across the country.
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July 25, 2024
Edible Cannabis Co. Can't Revive RFID Tag Case
A Colorado state judge has said he won't let a company that makes edible cannabis continue to challenge the state's mandated use of radio frequency identification tracking tags, concluding that a senior enforcement official's statement at a rulemaking hearing was not a final action the company could appeal.
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July 25, 2024
Iowa Hemp THC Law Remains In Force As Injunction Bids Fail
Iowa's hemp law that imposed new restrictions on hemp-derived THC consumables can continue uninterrupted, after a federal judge on Thursday rejected two bids by the hemp industry seeking to block the statute on claims that it was unconstitutionally vague.
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July 25, 2024
Pot Rescheduling Could 'Compromise' Transit Drug Testing
Federal traffic investigators are urging the U.S. Drug Enforcement Administration to tread carefully should it move forward with rescheduling marijuana, saying any policy change must allow for drug testing of airline pilots, truck drivers and other "safety-sensitive" transportation jobs.
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July 25, 2024
Tobacco Products Co. Hits Wash. Pot Business With TM Suit
Wholesaler BBK Tobacco & Foods LLP has hit a Washington state cannabis company with a complaint in Arizona federal court that alleges it is infringing the "Juicy" trademark BBK uses for a variety of smoking and smoking-related products.
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July 25, 2024
Illinois Gov. Pritzker Touts State's Pot Law As Equity Model
Illinois Gov. J.B. Pritzker on Thursday spoke to a conference of cannabis attorneys and touted his state's recreational marijuana market as a model for equity in business ownership and criminal justice reform that other jurisdictions could follow.
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July 24, 2024
PE Firm Ran $37M Ponzi-Like Cannabis Scheme, SEC Says
A California private equity fund ran a Ponzi-like scheme, using much of $37 million raised from investors to pay other shareholders instead of putting the money into cannabis companies, the U.S. Securities and Exchange Commission told a California federal court this week.
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July 24, 2024
Conn. Cannabis Co.'s Income Loss Not Covered, Insurer Says
An insurer said it has no obligation to cover a cannabis company's business income loss stemming from a February 2020 fire, telling a Connecticut federal court that the loss was not caused by a suspension of operations but rather damage to marijuana plants that aren't covered.
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July 24, 2024
LG Unit Seeks Exit From Georgia Exploding Battery Suit
Atlanta-based LG Chem America Inc., a subsidiary of Korean company LG Chem Ltd., is asking a Georgia state judge to end its involvement in litigation by a man who claims he was injured when a lithium-ion battery cell exploded in his pocket.
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July 24, 2024
Ex-Marijuana Store Worker Settles Retaliation Suit
An Atlantic City, New Jersey, marijuana dispensary has settled a disability discrimination lawsuit filed by an ex-employee who claimed the business's managers wouldn't turn down the loud music that was triggering her PTSD.
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July 24, 2024
Hemp Cos. Get Stay Of DEA Subpoenas Seeking Records
A Texas federal judge on Wednesday stayed enforcement of U.S. Drug Enforcement Administration subpoenas seeking financial and other records from a group of hemp and vape sellers, who had argued earlier this week that the subpoenas were overbroad and unlinked to any federal investigation.
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July 23, 2024
Knives Out For Another Pro-Agency Landmark After Chevron
Only weeks after U.S. Supreme Court conservatives took a hatchet to the judicial deference shown to federal agencies, right-leaning lawyers are imploring the justices to rock the administrative law realm again by gutting a New Deal-era precedent at the heart of the modern regulatory system.
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July 23, 2024
Cooperator In Cannabis Bank Fraud Case Dodges Prison
A U.K. national who testified against two businessmen accused of fooling banks into processing federally illicit transactions worth $150 million for California cannabis delivery company Eaze Technologies Inc. on Tuesday was spared from serving any time in prison.
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July 23, 2024
Cannabis Industry Stakeholders Weigh In On Rescheduling
As the period for public comment on the Biden administration's proposal to reclassify marijuana came to a close Monday, anti-legalization activists, marijuana industry advocates and state cannabis regulators each submitted their thoughts on the potential policy shift.
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July 23, 2024
The Biggest Trademark Rulings Of 2024: A Midyear Report
The U.S. Supreme Court rejected a California attorney's arguments that registering "Trump Too Small" as a trademark constituted speech protected by the First Amendment, and a split Ninth Circuit concluded district courts have the power to cancel trademark applications during litigation. Here's a look at some of the most notable trademark decisions so far this year.
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July 23, 2024
Senate Dems Roll Out Bill To Codify Chevron Deference
Sen. Elizabeth Warren, D-Mass., led a group of Democratic senators Tuesday in introducing a bill to codify the now-defunct doctrine of Chevron deference after it was struck down by the U.S. Supreme Court last month.
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July 23, 2024
4 Firms Guide SPAC Mergers Targeting AI, Cannabis Sectors
An AI-powered startup that vows to combat "disinformation" and a medical cannabis developer have agreed to go public by merging with special purpose acquisition companies through separate deals unveiled this week, guided by four law firms and a law office.
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July 23, 2024
Disney Cruise Can't Pause Suit As It Awaits Arbitration Ruling
A Florida federal judge won't let Disney Cruise Line postpone filing a required case management report until after the court rules on the company's pending motion to compel arbitration in a case over an ex-employee who was fired for testing positive for marijuana use.
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July 23, 2024
Wyoming Hemp Regulations Not Preempted By 2018 Farm Bill
A Wyoming federal judge won't block enforcement of a newly enacted law regulating hemp-derived intoxicating products, saying the 2018 Farm Bill that legalized hemp products doesn't preempt the regulation.
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July 22, 2024
Iowa Defends New Hemp Law From CBD Cos.' Challenge
A federal court should not interrupt Iowa as it continues to roll out new restrictions on consumables infused with hemp-derived THC, the state argued, saying there's been "no arbitrary enforcement" of the law, nor has its language proven to be "unconstitutionally vague."
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July 22, 2024
What Attorneys Need To Know About JD Vance
Vice presidential nominee JD Vance's brief legislative record shows he is aligned with his fellow Republicans on hot-button issues like abortion and immigration, but it also indicates that the senator from Ohio may be willing to break with the GOP mainstream when it comes to regulating big business. Here's what attorneys should know about the vice presidential candidate.
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July 22, 2024
Nebraska AG Stops Shops From Selling Synthetic THC
Six Nebraska smoke shops have agreed to stop selling synthetic THC products, according to an announcement by the state's Attorney General's Office, which has sued more than a dozen retailers for violations of state consumer protection and food safety laws.
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July 19, 2024
Pa. Court Asked To Weigh Rahimi Against Pot Patient Gun Ban
The U.S. Attorney General's Office said that a Pennsylvania federal court considering the constitutionality of a federal ban on gun possession by medical cannabis patients should consider the U.S. Supreme Court's recent U.S. v. Rahimi ruling that upheld a gun ban for domestic abusers.
Expert Analysis
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What The NYSE Proposed Delisting Rule Could Mean For Cos.
The New York Stock Exchange's recently proposed rule would provide the exchange with discretionary authority to commence delisting proceedings for a company substantially shifting its primary business focus, raising concerns for NYSE-listed companies over the exact definition of the exchange's proposed "substantially different" standard, say attorneys at Winston & Strawn.
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2 Regulatory Approaches To Psychedelic Clinical Trials
Comparing the U.S. and Canada's regulatory frameworks for clinical trials of psychedelic drugs can be useful for designing trial protocols that meet both countries' requirements, which can in turn help diversify patient populations, bolster data robustness and expedite market access, say Kimberly Chew at Husch Blackwell and Sabrina Ramkellawan at AxialBridge.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Investors Can Aid In The Acceptance Of Psychedelic Medicine
Psychedelic medicine is ready to have its breakthrough moment, and although it still faces political, legal and communications challenges, private equity investors can play a significant role in changing the public perception on psychedelics from taboo to acceptance, say Kimberly Chew at Husch Blackwell, Charlie Panfil at the Daschle Group and Ethan Lutz at FTI Consulting.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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Proposed Cannabis Reschedule Sidesteps State Law Effects
The U.S. Department of Justice's recent proposal to move cannabis to Schedule III of the Controlled Substances Act provides certain benefits, but its failure to address how the rescheduling would interact with existing state cannabis laws disappointed industry participants hoping for clarity on this crucial question, says Ian Stewart at Wilson Elser.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.