Expert Analysis

• Calif. Ruling May Sow Seeds Of Cannabis Patent Precedent

  

  This 4/20, the cannabis industry can celebrate a California federal court’s first-of-its-kind ruling in Gene Pool Technologies v. Coastal Harvest — holding that the illegality doctrine did not bar a patent infringement claim — which may sow the seeds of precedent for enforcing cannabis-related IP rights, say attorneys at Seyfarth.

• Cannabis Labor Peace Laws Lay Fertile Ground For Unions

  

  State legislatures are increasingly passing cannabis laws that encourage or even mandate labor peace agreements as a condition for licensure, and though open questions remain about the constitutionality of such statutes, unionization efforts are unlikely to slow down, says Peter Murphy at Saul Ewing.

• Every Lawyer Can Act To Prevent Peer Suicide

  

  Members of the legal industry can help prevent suicide among their colleagues, and better protect their own mental health, by learning the predictors and symptoms of depression among attorneys and knowing when and how to get practical aid to peers in crisis, says Joan Bibelhausen at Minnesota Lawyers Concerned for Lawyers.

• Building On Successful Judicial Assignment Reform In Texas

  

  Prompt action by the Judicial Conference could curtail judge shopping and improve the efficiency and procedural fairness of the federal courts by implementing random districtwide assignment of cases, which has recently proven successful in Texas patent litigation, says Dabney Carr at Troutman Pepper.

• Opinion

  Ga. Needs To Resolve Cannabis Counsel Confusion

  

  Georgia’s medical cannabis regulator finally adopted rules for low-THC oil last month, but a 2021 ethics ruling prohibits lawyers from advising participants in the state’s legal program and creates a confounding landscape that the state bar and courts must address, say Whitt Steineker and Mason Kruze at Bradley Arant.

• Opinion

  Now Is The Time For Independent Industry Self-Regulation

  

  The high level of trust in business, coupled with the current political and legal landscape, provides an opportunity for companies to play a meaningful role in finding solutions to public policy issues through the exploration of independent industry self-regulation models, says Eric Reicin at BBB National Programs.

• Using International Arb. To Settle Cannabis Industry Disputes

  

  As cannabis legalization continues in the U.S. and other countries, overseas investors and business owners should consider international arbitration for dispute resolution and assess the enforceability of relevant treaties and arbitration provisions, says Ramsey Schultz at Duane Morris.

• Do Videoconferences Establish Jurisdiction With Defendants?

  

  What it means to have minimum contacts in a foreign jurisdiction is changing as people become more accustomed to meeting via video, and defendants’ participation in videoconferencing may be used as a sword or a shield in courts’ personal jurisdiction analysis, says Patrick Hickey at Moye White.

• Opinion

  AG's Cannabis Remarks Incongruous With Scheduling Review

  

  Attorney General Merrick Garland’s recent remarks on marijuana policy do not align with the purpose of the scheduling review the president asked him to conduct, and his position would perpetuate the holding pattern that has prevailed for the past decade, says Larry Houck at Hyman Phelps.

• Opinion

  Humanism Should Replace Formalism In The Courts

  

  The worrying tendency for judges to say "it's just the law talking, not me" in American decision writing has coincided with an historic decline in respect for the courts, but this trend can be reversed if courts develop understandable legal standards and justify them in human terms, says Connecticut Superior Court Judge Thomas Moukawsher.

• Don't Let Client Demands Erode Law Firm Autonomy

  

  As clients increasingly impose requirements for attorney hiring and retention related to diversity and secondment, law firms must remember their ethical duties, as well as broader issues of lawyer development, culture and firm integrity, to maintain their independence while meaningfully responding to social changes, says Deborah Winokur at Cozen O'Connor.

• Distressed Cannabis Cos. Have A Few Options, With Caveats

  

  As the cannabis industry falls on tough times and a potential recession looms, attorneys should understand the limited restructuring options available to distressed cannabis businesses, absent key bankruptcy protections — and the pitfalls these options may present, say Griffen Thorne and Ethan Minkin at Harris Bricken.

• How Cannabis Cos. Can Comply With NJ Industrial Site Law

  

  As New Jersey’s recreational cannabis market flourishes, manufacturers that may be subject to a state environmental law must take extra precautions to mitigate potential liabilities and costs, including for historical contamination, says Matthew Karmel at Offit Kurman.

• Opinion

  Federal Judge's Amici Invitation Is A Good Idea, With Caveats

  

  An Arkansas federal judge’s recent order — inviting amicus briefs in every civil case before him — has merit, but its implementation may raise practical questions about the role of junior attorneys, economic considerations and other issues, says Lawrence Ebner at the Atlantic Legal Foundation.

• Ore. Regulator Liquor Scandal Should Alarm Cannabis Cos.

  

  The agency that regulates Oregon's liquor and cannabis industries is embroiled in a public corruption scandal over liquor diversion practices, and state cannabis companies are feeling the fallout, from application processing delays to a growing risk of prosecution, says Kevin Jacoby at Green Light Law Group.