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Cannabis
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September 09, 2024
Student Vaping Down By Half-Million Kids, CDC Says
The number of young people who vape has decreased by roughly half a million, a "monumental public health win," according to the Centers for Disease Control and Prevention, but anti-tobacco advocates say more progress must be made through "crackdowns."
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September 09, 2024
Meta Wants Mike Huckabee's Fake CBD Ad Suit Tossed
Facebook parent Meta Platforms Inc. asked a Delaware federal judge to throw out former Arkansas Gov. Mike Huckabee's suit alleging it allowed false advertisements claiming he endorsed CBD gummies on its popular social media platform, arguing the claims are clearly barred by Section 230 of the Communications Decency Act.
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September 09, 2024
NJ Court Won't Rush UAW's Smoking Law Case Appeal
The New Jersey Appellate Division rejected the United Auto Workers' emergency bid to overturn the dismissal of its suit alleging a law excluding casino workers from secondhand smoking protections violates the state constitution, according to a Friday order.
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September 09, 2024
Ore. Seeks Dismissal Of Psilocybin Disabilities Suit
Oregon's health regulator has asked a federal judge to dismiss a lawsuit challenging aspects of the state's pioneering regulated psilocybin treatment program, saying that the program's illegality under federal law makes the lawsuit untenable.
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September 06, 2024
Payroll Co. Didn't Pay For Cannabis Client Referrals, Suit Says
The founder of a now-closed payroll and human resources provider that largely served the cannabis industry claims he was never compensated for selling its client list to a Colorado rival, Comploy Inc., and is now demanding $161,000 and interest.
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September 06, 2024
Calif. Gov. Targets Hemp Intoxicants With Emergency Ban
California Gov. Gavin Newsom on Friday announced emergency regulations banning products derived from industrial hemp that contain any intoxicating cannabinoids, and setting an age minimum of 21 years to purchase hemp products.
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September 06, 2024
Three Defendants Settle SEC's $14M Pot Co. Securities Suit
The U.S. Securities and Exchange Commission has reached settlements with three defendants who allegedly misappropriated $14 million in investment funds intended for a cannabis enterprise, with the three agreeing to pay back a total of more than $4 million in disgorgements and interest and $3 million in civil penalties.
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September 05, 2024
Lawmakers, AGs Urge Justices To OK Denial Of E-Cig Apps
A coalition of state attorneys general and a group of Democratic Congress members are backing the U.S. Food and Drug Administration in its fight to persuade the U.S. Supreme Court to overturn a decision striking down the denials of applications to market flavored vapes.
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September 05, 2024
Colo. Cannabis Co. Manager Stole $150K, Suit Claims
The two marijuana entrepreneurs behind the Euflora chain are once again back in court, with one of them accusing the other of stealing at least $150,000 from their enterprise, possibly to cover unpaid loans and taxes, according to a lawsuit filed in Colorado state court, which claimed the alleged theft comes after a string of erratic behavior.
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September 05, 2024
Attys' Group Urges Justices To Back Trucker's CBD RICO Suit
The American Association for Justice is urging the Supreme Court to side with a trucker whose racketeering claims against CBD companies allege their false advertisements cost him his job, arguing that the plain text of the Racketeer Influenced and Corrupt Organizations Act allows his claims of injury to "business or property."
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September 04, 2024
4th Circ. Sets Legal Hemp Standard In THC Firing Case
A split Fourth Circuit panel on Wednesday set a standard for the legality of hemp products, although it still found that a real estate company worker claiming she was illegally fired for testing positive for a THC substance didn't back her disability bias claims.
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September 04, 2024
Mich. Voters Can't Advance Pot Initiatives, Panel Rules
A Michigan state appeals court sided with four cities Tuesday to block ballot initiatives that would have created regulatory schemes for the licensing and zoning of cannabis businesses, finding state law limits citizens' say and gives the power to write marijuana regulations only to cities.
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September 04, 2024
1st Circ. Unsure If Texts In Pot Bribe Case Crossed State Lines
A First Circuit panel on Wednesday expressed skepticism that the simple sending of an iMessage through an Apple cellphone satisfies the element of wire fraud requiring interstate communication, entertaining a Massachusetts attorney's challenge to his convictions for seeking to bribe a police chief to win a local marijuana license.
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September 03, 2024
R.J. Reynolds Stresses Reason To End $95M Royalties To Altria
Tobacco giant R.J. Reynolds is pushing hard on a bid to end $95 million in royalty payments it owes to the parent company of Philip Morris after a patent infringement verdict, emphasizing to a North Carolina federal court that its deal with Juul to license vape pen technology can in fact be enforced retroactively.
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September 03, 2024
Minn. AG Asks Cos. To Stop Selling Illicit Vapes
Minnesota's attorney general wants a promise from players in the tobacco and vape product industry that they will no longer pedal e-cigarette or nicotine pouches not approved by the federal government, warning that "consequences" will follow should they not comply.
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September 03, 2024
UAW Loses Bid To Include Casinos In NJ Smoking Ban
A New Jersey state court judge on Friday tossed the United Auto Workers' complaint claiming a law excluding casino workers from secondhand smoking protections violates the state constitution, reasoning that the law doesn't inhibit the employees' right to pursue safety.
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September 03, 2024
Pot Co. Stiiizy Hit With New Lawsuit Over High-Potency Wares
California cannabis giant Stiiizy has been accused again of marketing dangerous, high-potency THC products to young people, allegedly resulting in cannabis-induced psychosis in a user who brought a product liability and fraud suit in Los Angeles state court.
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August 30, 2024
Missouri Ban On Some Psychoactive Foods To Hit Sept. 1
Missouri Gov. Mike Parson's ban on consumables "containing psychoactive cannabis products" will go into effect Sunday, according to an announcement by state health regulators.
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August 30, 2024
Nebraska Expected To Vote On Medical Marijuana Legalization
Medical marijuana advocates have met the requirements to put a legalization question before Nebraska voters on Election Day this November, the secretary of state announced Friday.
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August 30, 2024
NY Hemp Shops Seek Halt Of 'Military Style' Raids
A quintet of hemp product retailers have alleged that New York state and city officials unlawfully targeted their businesses as part of an effort to crack down on unregulated marijuana sellers.
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August 30, 2024
Inaccurate TransUnion Report Ended Job Chances, Suit Says
A TransUnion unit that sells background checks was hit with a federal lawsuit in Texas accusing it of wrecking an applicant's employment prospects at Chick-fil-A by incorrectly reporting he had misdemeanor convictions for cannabis possession.
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August 29, 2024
Trucker Urges Justices To Back Wide RICO Scope In CBD Case
A commercial truck driver who alleges he lost his job after consuming products containing THC is urging the U.S. Supreme Court to affirm a Second Circuit ruling that the civil racketeering statute applies to personal injuries when they upset a person's employment.
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August 29, 2024
NFL, Broncos Say Player's THC Suit Belongs In Arbitration
The NFL and Denver Broncos said a former player's revised discrimination lawsuit can't avoid arbitration because claims that he was unfairly fined more than $532,000 for using prescribed THC to treat medical conditions still fall under a collective bargaining agreement.
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August 29, 2024
5th Circ. Says Pot Use Doesn't Bar Gun Ownership
The Fifth Circuit on Wednesday ruled that a federal law barring firearm possession by marijuana users is unconstitutional specifically as it pertains to a nonviolent user who was not actively intoxicated at the time of her encounter with law enforcement.
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August 28, 2024
Mich. Pot Co. Says Court Can Hear Suit Against IP Atty
A Michigan cannabis company can maintain its lawsuit against an attorney and his wife who it claims badmouthed it on social media, a federal judge ruled, after the business showed the court has jurisdiction over the couple.
Expert Analysis
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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Bankruptcy Courts May Be Budding Open To Cannabis Cases
Two recent California bankruptcy court rulings, denying motions to dismiss the respective debtors' bankruptcies, provide persuasive authority to allow cannabis debtors the protections of federal bankruptcy law, say Noah Weingarten and Bethany Simmons at Loeb & Loeb.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Can Chapter 15 Bankruptcy Help Cannabis Businesses?
Attorneys at Fox Rothschild consider whether Chapter 15 may be used as a tool to liquidate U.S. assets of cannabis companies in foreign bankruptcy proceedings, and look at the statutory provisions that may have a bearing on the successful liquidation of assets under the Bankruptcy Code.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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Cannabis Biz Real Estate Loan Considerations For Lenders
Now that cannabis sales are legal in some states, real estate lenders are interested in financing the land used by cannabis companies, but because cannabis sales are still illegal under federal law, lenders must make adjustments for cannabis-adjacent transactions, say Mark Levenson and Jeffrey Wendler at Sills Cummis.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.