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Cannabis
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August 19, 2024
9th Circ. Told Psilocybin Petition Is Backed By Precedent
A Ninth Circuit panel on Monday dissected opposing arguments from the U.S. Drug Enforcement Administration and a Seattle doctor over whether there is precedent to allow the dispensing of psilocybin — a psychedelic compound — to treat terminally ill patients.
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August 19, 2024
Feds Want E-Cig Importers To Give More Info At Time Of Entry
The U.S. Food and Drug Administration and the U.S. Department of the Treasury are looking to require e-cigarette importers to hand over the unique identifier assigned to their product by the FDA as a condition of import.
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August 19, 2024
Calif. Lawmakers Decline To Advance Hemp THC Law
A California bill that would have imposed new THC limits on hemp consumables is unlikely to become law this year, after lawmakers declined to move it out of committee.
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August 19, 2024
Philip Morris Urges Fla. Court To Toss Zyn Injury Lawsuits
Philip Morris urged a Florida federal court on Monday to dismiss two lawsuits alleging ongoing injuries caused by addictions to Zyn nicotine pouches, arguing it had nothing to do with the claims prior to a 2022 acquisition and that it has no business ties to the Sunshine State.
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August 19, 2024
Emerge Law RE Atty Brings Cannabis Talent To Tarter Krinsky
Tarter Krinsky & Drogin LLP is adding expertise in cannabis law to its ranks with a real estate lawyer from Emerge Law Group, the firm announced on Monday.
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August 19, 2024
Security Co. Can't Toss Worker's Sex Harassment Suit
A Maryland federal judge has declined to throw out the bulk of a woman's suit against a Baltimore utility and a security firm alleging that she was fired for ending a sexual relationship with her supervisor, only tossing her wrongful termination claim.
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August 16, 2024
NJ Agency Nixes City's 3rd Police Firing For Cannabis Use
Another New Jersey police officer who was fired for off-duty marijuana use must be reinstated, a state commission has ordered, finding it doesn't matter that the officer failed to disclose reliance on cannabis for medical purposes before a screening or that the usage at issue was technically recreational.
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August 16, 2024
Fla. Advertising Co. Says Pot Cos. Didn't Pay Up For Services
A Miami advertising agency is suing the cannabis companies behind the Cookies brand, claiming they failed to pay for months of work worth tens of thousands of dollars.
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August 16, 2024
Psilocybin Right-To-Try Petition To Get 9th Circ. Hearing
A Ninth Circuit panel will hear oral arguments Monday in an appeal brought by a Seattle doctor seeking to administer psilocybin to terminal cancer patients under state and federal right-to-try laws.
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August 15, 2024
Court Tosses Challenge To Wyoming's New Hemp Law
A Wyoming federal judge tossed a lawsuit Thursday brought by nearly a dozen hemp product retailers challenging the state's new hemp policy, saying most of the state defendants were entitled to immunity and that the retailers had not stated a claim for which relief could be granted.
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August 15, 2024
Juul License Doesn't Negate R.J. Reynolds' Royalties, Altria Says
The parent company of Philip Morris is pushing back on what it described as a delayed bid by R.J. Reynolds Vapor Co. to skirt paying royalties on a pod-style vape, telling a North Carolina federal court that an "after-the-fact sublicense" with Juul isn't enough to undo the ongoing payments.
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August 15, 2024
Hemp Industry Rallies Against Calif. Bill
Hemp companies are coming out against a California bill that would impose new THC limits on consumables sold outside of licensed dispensaries, with some industry leaders calling it an "existential threat" to the entire state market.
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August 15, 2024
Startup's Cannabis Payment Deal Dispute Can Move Ahead
An Illinois federal judge has preserved the bulk of a now-defunct cannabis payment startup's suit alleging Fidelity National Information Services drove it out of business by backing out of a partnership deal, saying that while there wasn't an enforceable contract, the startup sufficiently pled that FIS was misleading in its promises.
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August 15, 2024
Ex-Mich. Speaker Says Poor Health Merits Early Release
The former speaker of Michigan's House of Representatives and ex-chair of a marijuana licensing board is asking to serve the rest of his prison sentence following a bribery conviction at home, saying he is eligible for early release due to his age and complications from a serious heart condition.Â
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August 14, 2024
Recreational Pot Contract Unenforceable, Texas Court Says
A Texas state appeals court has torched a cannabis farmer's $100,000 jury win, ruling that he can not collect against his former business partner because the marijuana crop he grew was federally illegal and specifically intended for recreational use.
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August 14, 2024
Cannabis Fertilizer Co. Says Rival Stole IP For Fake THC Study
A company that sells fertilizer to commercial cannabis growers has claimed a competitor used its trademarks as part of an unsanctioned co-branding campaign and on THC lab testing reports that falsely advertise its products as less effective, according to a suit filed in Washington federal court.
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August 14, 2024
Grassley Asks HHS For Clarity On Cannabis Position
Sen. Chuck Grassley has asked federal health officials to clarify their position on marijuana, arguing that a recent U.S. Department of Health and Human Services report is at odds with its recommendation to loosen restrictions on the drug.
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August 14, 2024
Cannabis Co. And Ex-Exec End Bad-Mouthing Dispute
A Colorado state judge has permanently dismissed a lawsuit in which a cannabis company and its former chief operating officer each accused the other of waging a smear campaign, after the parties agreed to end the litigation.
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August 14, 2024
Wyoming Hemp Cos. Bring Challenge To 10th Circ.
After a Wyoming federal judge declined to block enforcement of a newly enacted law regulating hemp-derived intoxicating products in the state, the businesses that brought the challenge said on Wednesday they would appeal the matter to the Tenth Circuit.
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August 14, 2024
Fed. Circ. Says Fla. Judge 'Misread' Precedent In Elfbar Row
The maker of the popular Elfbar vape will get another shot at upending a court-imposed order banning it from selling under the "Elf" mark, the Federal Circuit ruled Wednesday, saying the district judge who ordered the injunction "misread" precedent and relied on a "deficient" legal analysis.
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August 14, 2024
Curaleaf Says Ballot Selfie Warrants Redo Of NLRB Election
A Massachusetts cannabis dispensary asked the National Labor Relations Board to reverse an agency official's decision rejecting the company's claim that a voter tainted a union representation election by sharing a selfie with his ballot, saying the incident raised questions about the secrecy of workers' ballots.
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August 13, 2024
NY Cannabis Regulator Accused Of Racial Discrimination
A public employee with New York state's cannabis regulatory agency said in a new federal lawsuit that she was denied advancement because of racial discrimination and then retaliated against when she called attention to it.
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August 13, 2024
Food Law Atty Rejoins Thompson Coburn From Davis Wright
Thompson Coburn LLP said this week that a former partner who focuses on agriculture and food law has rejoined the firm's St. Louis office after a stint with Davis Wright Tremaine LLP.
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August 13, 2024
Ex-Tilray Exec Can Collect $4M Arbitration Award
A Minnesota federal judge has confirmed a more than $4 million arbitration award in favor of a former Tilray Brands Inc. executive who took the company to arbitration over her termination, finding that the pharmaceutical company hasn't established that the award should be vacated.
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August 13, 2024
North Dakota Officials OK Pot Legalization Ballot Measure
North Dakota voters will have another opportunity to legalize adult-use marijuana on Election Day this November after state officials said that reformers had submitted enough signatures to qualify the question for the ballot.
Expert Analysis
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Series
ESG Around The World: Canada
In Canada, multiple statutes, regulations, common law and industry guidance address environmental, social and governance considerations, with debate over ESG in the business realm potentially growing on the horizon, say attorneys at Blakes.
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5 Legal Considerations For Psychedelic Therapy Sector
With multiple developments signaling the rise of psychedelic-assisted psychotherapy, it is imperative that clinicians understand unique legal nuances ranging from corporate formation to specialized insurance coverage, say Kimberly Chew and Natasha Sumner at Husch Blackwell.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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Bill Could Pave Path To 'Safer' Banking For Cannabis Industry
The Secure and Fair Enforcement Regulation, or SAFER, Banking Act, which was recently passed by a U.S. Senate committee, creates potential for financial inclusion of legally operating cannabis businesses and could promote recognition of the disconnect between federal laws and services unavailable to the industry, says Mark Bell at Stinson.
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3 Significant Ohio Insurance Updates From 2023
The past year saw some significant changes and developments in Ohio's insurance coverage landscape, from new bad faith discovery mechanisms relating to out-of-state property to the Ohio Supreme Court's interpretation of what constitutes an assault or battery for coverage purposes, say Jenna Pletcher and William Peseski at Brouse McDowell.Â
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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Cannabis Banking Bill Uncertainty May Actually Be A Blessing
The passage of a cannabis banking law is alluring, but little will be lost if the Secure and Fair Enforcement Regulation Banking Act — facing stiff competition from other congressional priorities — gets tabled because the bill ultimately does little to meaningfully propel the industry toward full legalization, says Michael Rosenblum at Thompson Coburn.
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Series
ESG Around The World: South Africa
While South Africa has yet to mandate the reporting of nonfinancial and environmental, social, and corporate governance issues, policy documents and recent legislative developments are likely to have a material impact in the country's transition to a low-carbon economy and in meeting its international obligations, say Glynn Kent at Eversheds Sutherland.
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FOIA Exemption Questions On Redacted HHS Cannabis Letter
The U.S. Department of Health and Human Services' recent recommendation letter concerning the rescheduling of cannabis was heavily redacted, and based on an analysis on the applicability of Freedom of Information Act Exemption 5 to the letter, it's likely that we will see successful legal challenges to those redactions, say attorneys at Troutman Pepper.
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4 Legal Ethics Considerations For The New Year
As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
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2 Cases Highlight NJ Cannabis Employment Law Uncertainties
More than two years after its enactment, the employee protections and employer obligations in New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act remain unsettled, and two recent lawsuits draw attention to the law's enforceability and its intersection with federal law, say Ruth Rauls at Saul Ewing and David White at Seton Hall.