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Cannabis
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February 26, 2024
Vape Wholesaler TM Dispute Booted From Illinois Court
An Illinois federal judge on Monday dismissed a trademark dispute between HS Wholesale Ltd. and HS Global Distribution LLC, saying HS Global doesn't have sufficient contact with the state for the court to have jurisdiction over the claims.
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February 23, 2024
Tribal Biz Atty Must Meet Calif. DA Over Greenhouse Wreckage
A California federal judge has ordered the lawyer for a business owned by a tribal conglomerate to attend a hearing with San Bernardino County's district attorney, saying the lawyer must explain why he forced the DA to file a unilateral status report about the destruction of illegal cannabis greenhouses.
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February 23, 2024
Cannabis Workers Say Co. Imposed Quotas, Didn't Pay Up
California cannabis company Glass House Brands Inc. and a number of its subsidiaries were hit with a proposed class action suit Tuesday claiming it bilked workers out of sick pay, minimum wage and lunch breaks and that it illegally enforced quotas.
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February 23, 2024
Tobacco Cos. Look To Nix COPD Suit Decades After Diagnosis
Tobacco companies R.J. Reynolds and Philip Morris asked a Massachusetts state judge on Friday to end a wrongful death lawsuit brought decades after a woman's COPD diagnosis and nearly three years after her death, pointing to a state high court ruling last summer that affirmed strict time limits for such claims.
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February 23, 2024
NY Clerk Defends Barring Felons From Juries In Dismissal Bid
New York County's commissioner of jurors has urged a federal judge to dismiss a Black public defender's racial bias suit challenging the Manhattan court system's exclusion of people with felony convictions from juries, arguing the attorney fails to allege the exclusion was applied with a discriminatory motive or in a discriminatory way.
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February 23, 2024
Judge Bars Convicted Hemp Co. Exec From Securities Trade
A Manhattan federal judge has barred a hemp company executive from participating in securities trade, after the executive was convicted of fraud and as a suit by the U.S. Securities and Exchange Commission alleging he schemed to misappropriate $1.8 million in investor funds remains pending.
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February 23, 2024
Vaping Co. Attys Get $86K Fees For Contract Suit Win
A Los Angeles judge has awarded $86,334 in fees to attorneys for Germany-based Vaping360 GMBH following the company's $821,040 trial win in a contract dispute over website commissions.
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February 23, 2024
Pot Rescheduling Could Spur Inventory Accounting Change
If cannabis is reclassified to a lower tier under the Controlled Substances Act, it would unlock significant tax benefits for cannabis companies, such as allowing them to take standard business deductions, but they may need to account for their inventories differently to take full advantage.
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February 22, 2024
Bong Co. Can't Win Against Shop That Didn't Appear In Court
The maker of Stündenglass-branded glass infusers shouldn't get a win over a retailer that didn't bother to put up a defense against the manufacturer's trademark infringement suit, a federal court recommended, noting that this is at least the fourth time the company's claims against California smoke shop owners has missed the mark when seeking a default judgment.
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February 22, 2024
'Gullible' Lender Wins $2.8M Judgment Against Cannabis Co.
A businessman who pitched opening a "lucrative cannabis operation" to a lender must pay back the $2.8 million borrowed, a Los Angeles County judge ruled, saying the entrepreneur took "advantage of" the financier's "lack of business sophistication."
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February 22, 2024
Alaska Pot Dispensary Owner Charged With COVID Aid Fraud
An Alaska businesswoman has been indicted on allegations that she used misrepresentations to obtain forgivable loans meant to assist small businesses during the COVID-19 pandemic.
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February 21, 2024
Cannabis CEOs Wasted Wealthy Russian's Money, Suit Claims
Two California businessmen who were given $145 million by a now dead Russian billionaire to begin cannabis growing operations in the state are accused of gross mismanagement and squandering his investment, according to a lawsuit filed in Los Angeles County court.
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February 21, 2024
Judge Won't Strike 'Excessive' $2.3M Tobacco TM Verdict
A federal judge in Atlanta has said he won't reduce a $2.3 million verdict against two Georgia wholesalers of cigarette rolling paper accused of selling knockoffs, saying the jury's determination on the amount of the damages is "something the court cannot second-guess."
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February 21, 2024
Kratom Buyers Say Sellers Hid Opioid-Like Addiction Risks
A pair of kratom users are suing Ashlynn Marketing Group Inc., alleging the company hid the fact that its kratom-based products are addictive in a similar way to opioids while marketing them as safe and natural supplements.
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February 20, 2024
Calif. Tribe Looks To Undo Tobacco Noncompliance Listing
The Twenty-Nine Palms of Mission Indians is suing the U.S. government in California federal court over its decision to place the tribe on a "non-compliant list" under a law that targets illegal tobacco trafficking, arguing that its operations comply with all applicable state laws.
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February 20, 2024
Tenn. Jury Sides With Cops Over Raids On Legal CBD Shops
A Tennessee federal jury rejected claims that a county and local law enforcement engaged in a conspiracy to violate a CBD shop owner's civil rights by raiding and shuttering his and others' stores, despite allegedly knowing that the products he sold were legal under both state and federal law.
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February 20, 2024
Skipped Hearing Sinks Conn. Pot Store Fight, Court Told
A lawsuit seeking to revoke the approval of a cannabis retail permit in Stamford, Connecticut, cannot proceed because a coalition of anti-pot taxpayers followed the wrong process by skipping a public hearing and suing instead, the city's counsel told a state judge during an oral argument on Tuesday.
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February 20, 2024
Pot Cos. Say They'll Be Ruined Unless Detroit Facility Opens
Four cannabis companies have urged a Michigan federal court to prohibit the city of Detroit from taking any action that would impede their $15 million marijuana processing facility from opening, saying they are "in immediate danger of financial ruin" unless they operate the site as planned.
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February 20, 2024
Pot Shop Says Trade Group CEO Bungled License Bid
The leader of a cannabis industry trade group is being accused in a lawsuit of convincing the owner of a dispensary to invest in what he was promised would be a "guaranteed" license to operate another retail location, only to mishandle the process.
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February 16, 2024
Drugs, Sex, Antisemitism Top Complaint Against Calif. Judge
A California state judge is facing an ethics complaint that accuses him of using a cannabis oil vape pen, pantomiming "something similar to a lap dance" on a woman married to a local public defender and repeatedly calling another public defender an antisemitic slur during a camping trip.
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February 16, 2024
ADA Does Not Protect Medical Pot Use, Vt. Court Says
A Vermont transit worker can't pursue a civil rights lawsuit against his employer who terminated him after he tested positive for marijuana, a Vermont federal judge has ruled, saying the Americans with Disabilities Act doesn't protect people with disabilities treated with medical marijuana.
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February 16, 2024
The Congressman Who Reps Cannabis Reform On Capitol Hill
Rep. Earl Blumenauer speaks to Law360 about the prospects for Congress enacting marijuana reform, why he supports moving cannabis to Schedule III and some of the drug policy triumphs and setbacks in his home state of Oregon.
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February 15, 2024
Colo. Cannabis Co. Says It Was Stiffed On $1.4M Seed Bill
A Colorado-based supplier of feminized cannabis seeds is claiming that an Oregon farming company and the private investment bank that backed it have skipped out on a $1.4 million bill, according to a complaint filed in Boulder County District Court.
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February 15, 2024
What Rescheduling Pot Would Mean For Criminal Justice Reform
While federal drug enforcers mull a recommendation from health regulators to loosen restrictions on marijuana, criminal justice reformers are warning that rescheduling the drug would not realize President Joe Biden's campaign promise to decriminalize marijuana.
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February 15, 2024
8 Men Get Jail Time In $2M Hemp Wine Pump-And-Dump Ploy
Ohio federal prosecutors have announced the convictions of eight men charged with participating in a pump-and-dump scheme meant to boost the Global Resource Energy Inc. stock price, which purportedly planned to offer hemp-infused wine.
Expert Analysis
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How The Fla. AG Is Impeding Recreational Marijuana
Florida Attorney General Ashley Moody has again vowed to stand in the way of a measure on a ballot proposal to legalize the adult use of recreational marijuana, which followed guidance from a previous Florida Supreme Court decision — and if the court sides with her, proponents will be left at an impasse, say Daniel Russell and Daniel McGinn at Dean Mead.
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Prepping Your Business Ahead Of Affirmative Action Ruling
The U.S. Supreme Court's upcoming ruling on whether race should play a role in college admissions could potentially end affirmative action, and companies will need a considered approach to these circumstances that protects their brand power and future profits, and be prepared to answer tough questions, say Nadine Blackburn at United Minds and Eric Blankenbaker at Weber Shandwick.
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Tackling Judge-Shopping Concerns While Honoring Localism
As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.
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Potential Risks And Benefits Of NY Cannabis Crop Rescue Act
Though proposed legislation in New York would help struggling cannabis farmers by allowing them to sell their crops directly to consumers, it poses numerous challenges for retailers and the state’s regulatory framework — and striking the right balance here will be crucial to shaping a sustainable, equitable industry, say Meaghan Feenan and William Wolfe at Harris Beach.
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Perspectives
How Attorneys Can Help Combat Anti-Asian Hate
Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.
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Opinion
Congress Needs To Enact A Federal Anti-SLAPP Statute
Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.
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Legal Pitfalls To Watch For When Advertising Psychedelics
As psychedelic products and related therapeutic services make their way into the mainstream, companies engaged in creating or publishing ads for such products and services should consider several legal implications on federal, state and local levels, says Dorian Thomas at Frankfurt Kurnit.
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Roadblocks For Cannabis Employers Setting Up 401(k) Plans
Though the Internal Revenue Code and the Employee Retirement Income Security Act generally allow cannabis businesses to establish 401(k) plans for their employees, companies must still pick their way through uncertainties around tax deductions and recruiting reliable vendors, say attorneys at Shipman & Goodwin.
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Some Client Speculations On AI And The Law Firm Biz Model
Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.
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A Lawyer's Guide To Approaching Digital Assets In Discovery
The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.
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Opinion
High Court's Ethics Statement Places Justices Above The Law
The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.
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Opinion
Time For Law Schools To Rethink Unsung Role Of Adjuncts
As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.
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Tips For In-House Legal Leaders In A Challenging Economy
Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.
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What Associates Need To Know Before Switching Law Firms
Excerpt from Practical Guidance
The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.
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Cannabis Supercenters: Key Benefits And Legal Issues
Barstow, California’s novel plan to convert an abandoned mall into a cannabis supercenter could offer a potential blueprint for cannabis companies to thrive in a saturated market and for communities to repurpose underutilized retail spaces — but certain financing, zoning and leasing issues will need to be assessed, says Christopher Gordon at Fox Rothschild.