Cannabis

  • August 28, 2024

    Tenn. High Court Says Pot Smell A Factor In Probable Cause

    Tennessee's highest court has ruled that notwithstanding the federal legalization of hemp, which smells like marijuana, a drug-sniffing police dog's signal that cannabis odor is present can still be a factor in giving law enforcement probable cause for a vehicle search.

  • August 27, 2024

    Philip Morris' Vape Brand Loses ITC Decision In Juul Fight

    The operator of the Philip Morris brand said Tuesday that it disagrees with a ruling from a U.S. International Trade Commission judge who found that the company's vape brand infringes patents owned by rival Juul.

  • August 27, 2024

    Rescheduling Pot Unlikely To Fix Banking Issues, Report Says

    A pending proposal to loosen federal restrictions on marijuana is unlikely, on its own, to make it easier for state-regulated cannabis businesses to access financial services available to other industries, according to a recent report published by Capitol Hill's policy research arm.

  • August 27, 2024

    Samsung Must Face Exploding Vape Battery Suit

    Samsung can't escape a suit over injuries sustained by a man after a lithium-ion battery exploded in his pocket, a Houston appellate court ruled Tuesday, rejecting the South Korean company's argument that a Texas court doesn't have jurisdiction because it doesn't do business directly in Texas.

  • August 27, 2024

    19 New Jersey Stores Cited For Selling Flavored Vapes

    Nineteen New Jersey shops could face fines of $4,500 for selling flavored vapor products, which were outlawed in the Garden State in April 2020, the state attorney general said Tuesday.

  • August 27, 2024

    Mich. Atty Says Brother's Email Hack Harming Clients, Firm

    A Michigan attorney has accused his brother of improperly accessing his law firm's email accounts and confidential discussions with clients, forcing the attorney to step down as name partner of his firm, allegedly after the brothers' joint cannabis venture failed. 

  • August 27, 2024

    Duane Morris Hires Ex-Dickinson Wright Fintech Expert

    A former financial institutions mergers and acquisitions and regulatory enforcement partner from Dickinson Wright PLLC who also has experience at the Federal Reserve Bank has joined Duane Morris LLP's corporate practice group in Chicago.

  • August 27, 2024

    Vt. High Court Affirms Denial Of Benefits To Marijuana Patient

    The Vermont Supreme Court has affirmed an administrative law judge's decision not to issue a declaratory ruling whether off-duty medical cannabis use counts as misconduct for the purposes of terminating and denying benefits to a former transportation company employee.

  • August 26, 2024

    Parents Sue Kratom Cos. Over Adult Daughter's Death

    The parents of a woman who died allegedly due to a kratom overdose are suing manufacturers and retailer sellers of the supplement, saying the companies should have known their product was "unreasonably dangerous" for humans to eat, according to a Colorado state lawsuit.

  • August 26, 2024

    DEA Sets Dec. 2 Hearing On Cannabis Rescheduling Proposal

    The Drug Enforcement Administration will hold a hearing on the attorney general's proposal to loosen restrictions on marijuana, the agency announced in a notice made public Monday.

  • August 26, 2024

    New Jersey Cases Attorneys Are Watching In 2024

    Jersey City is fighting the Garden State's cannabis legalization law and argues it conflicts with federal gun control legislation, while the bankrupt former chief financial officer of McElroy Deutsch Mulvaney & Carpenter LLP is facing civil claims he defrauded the firm and paid himself millions in unauthorized salary.

  • August 23, 2024

    Vaping Co. VPR Says Rival Ashh Infringing E-Cig Tech

    Florida-based e-cigarette manufacturer VPR Brands has slapped a rival with a patent infringement lawsuit, telling a Michigan federal court that its competitor has been making and selling vapes that infringe its patented "electronic inhaler" and atomizer system.

  • August 23, 2024

    Mo. Appeals Court OKs Expunging THC Possession Charges

    A Missouri appeals court has determined that, under the state's recent cannabis legalization law, offenses for possession of THC must be expunged in the same manner that marijuana possession offenses are.

  • August 23, 2024

    Pot Entrepreneur Seeks To Ensure Judgment On Ex-Partner

    A cannabis entrepreneur urged a Colorado federal judge Friday to bar his former business partner from making any equity transactions until after the court has the opportunity to revisit a $6.4 million judgment ruling as part of a recent Tenth Circuit remand.

  • August 23, 2024

    Ex-Pot Shop Worker Says Sex Harassment Drove Her From Job

    A former employee at a Los Angeles marijuana dispensary is suing her ex-employer, saying she was subjected to "persistent and horrible" sexual harassment and denied her promised pay and benefits, leading to what she describes as wrongful constructive termination.

  • August 22, 2024

    Split 6th Circ. Reopens Coca-Cola Bottling Race Bias Case

    A split Sixth Circuit panel Thursday revived a lawsuit filed against a Coca-Cola bottling company by an employee who failed a drug test, finding a genuine dispute exists over whether the man voluntarily waived his rights to sue for racial discrimination and retaliation when he signed a "last chance" agreement.

  • August 22, 2024

    NJ Panel Rejects Dispensary's Bid To Revive Application Suit

    A would-be cannabis entrepreneur can't upend a New Jersey township's decision to decline her application for a retail license in favor of others, a state appeals court ruled, saying that she needed to name her competitors as defendants to keep the case viable.

  • August 22, 2024

    Missouri Gov. Clashes With Secretary Of State Over Hemp Ban

    Missouri Gov. Mike Parson on Thursday blasted the state's secretary of state for declining to implement an emergency rulemaking that would have banned psychoactive consumable cannabis products manufactured outside the state's regulated adult-use marijuana market.

  • August 22, 2024

    Pa. Air Force Vet Can't Challenge Court's Medical Pot Rules

    A Pennsylvania appeals court won't let an Air Force veteran challenge the medical cannabis rules for treatment court programs in Berks County, saying he lacks standing because his use of medical cannabis was not the reason he was denied entry into the programs.

  • August 21, 2024

    Tobacco Cos. Ask Justices To Review FDA's New Warnings

    R.J. Reynolds Tobacco Co. is urging the U.S. Supreme Court to review a Fifth Circuit decision affirming an FDA rule mandating new health warnings on cigarette packaging and advertisements, arguing that the court created an unjustified circuit split when it found the graphic warnings are "purely factual and uncontroversial."

  • August 21, 2024

    Alaska Air Seeks Clarification In Rogue Pilot Case

    Alaska Airlines has urged a Washington state judge to clear up his decision to partially dismiss a lawsuit alleging an off-duty crew member tried to crash a flight in October, saying the ruling doesn't clearly state the passengers suing the company can no longer pursue claims rooted in federal aviation safety regulations.

  • August 21, 2024

    Cannabinoid Co. Sacked Exec For Flagging Fraud, Suit Says

    Psychedelics and cannabinoid company Benuvia Operations has been hit with a wrongful termination lawsuit in Colorado state court filed by a woman who claims management retaliated against her after flagging millions of dollars in misappropriated funds.

  • August 21, 2024

    RI Pot Regulators Eye Dismissal Of Fla. Resident's Challenge

    Rhode Island's marijuana regulator has asked a federal judge to toss a challenge brought by a Florida resident alleging the state's scheme for awarding retail cannabis licenses is unconstitutional, saying that process hasn't even been established yet.

  • August 21, 2024

    Japanese Tobacco Co. Paying $2.4B For US Cigarette Maker

    Japanese tobacco company JT Group has agreed to purchase Miami-based cigarette company Vector Group Ltd. for approximately $2.4 billion, the companies said in statements Wednesday.

  • August 20, 2024

    Cannabis Entrepreneur Can't Sue County Over Seized Property

    A Puget Sound-area cannabis entrepreneur cannot pursue claims that local law enforcement damaged company property seized during an arrest on felony charges that were ultimately dropped, a Seattle federal judge has ruled, saying the businessman signed away his right to litigation.

Expert Analysis

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • Opinion

    Intoxicating Hemp Products: It's High Time For Clarity

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    Thanks to ambiguity in the 2018 Farm Bill, intoxicating hemp cannabinoid products are largely unregulated and are widely available without restrictions on who can buy the products, and although there are several possible solutions, voluntary industry action by good actors is the best option, say Andrew Kline and Tommy Tobin at Perkins Coie.

  • What Rescheduling Could Mean For Cannabis Bankruptcies

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    Bankruptcy courts have historically been closed for cannabis-related businesses, but recent case law coupled with a possible reclassification of cannabis provides cautious optimism, say attorneys at Duane Morris.

  • Series

    Spray Painting Makes Me A Better Lawyer

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    My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.

  • Opinion

    Judicial Independence Is Imperative This Election Year

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    As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.

  • Document Retention Best Practices To Lower Litigation Risks

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    As new technologies emerge and terabytes of data can be within the purview of a single discovery request, businesses small and large should take four document management steps to effectively minimize risks of litigation and discovery sanctions long before litigation ensues, says Kimbrilee Weber at Norris McLaughlin.

  • Series

    Riding My Peloton Bike Makes Me A Better Lawyer

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    Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.

  • Cannabis Case Lights Up Benefits Of Creative IP Protection

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    A recently filed California federal court case, The Holding Company v. Pacific West Distributors, illustrates potential creative strategies cannabis companies can use to build intellectual property rights, such as combining federal and state registrations for copyrights and trademarks, say attorneys at Seyfarth.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • CSA Case Could Shift Intrastate Commercial Cannabis

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    In Canna Provisions v. Merrick Garland, cannabis companies argue that the Controlled Substances Act is unconstitutional as applied to intrastate commercial cannabis activity; the Massachusetts federal court's eventual decision will be important to the cannabis industry for several reasons, including that the threat of federal enforcement would disappear overnight, says Hilary Bricken at Husch Blackwell.

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

  • Tips On Numerical Range From Fed. Circ. Philip Morris Ruling

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    The Federal Circuit's recent RAI v. Philip Morris decision that a patent provided sufficient written description to support a claimed numerical range offers several takeaways for practitioners, including the need for a cautious approach to criticism of ranges, say attorneys at BCLP.

  • What's At Play In Rising Lanham Act Cases At The ITC

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    Amid an uptick in Lanham Act claims involving false advertising related to medical devices at the U.S. International Trade Commission, Brian Busey and Maryrose McLaughlin at MoFo discuss recent ITC complaints from Eli Lilly and R.J. Reynolds, Lanham Act claim limits under the Federal Food, Drug, and Cosmetic Act, and the issues practitioners face in this realm.

  • Litigation Inspiration: A Source Of Untapped Fulfillment

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    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

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