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Cannabis
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June 05, 2024
Santa Barbara Gets Bulk Of Pot Farm Raid Suit Tossed
A California federal judge has thrown out the bulk of a cannabis farmer's suit alleging that members of the Santa Barbara County Sheriff's Office illegally raided his farm and destroyed his property, leaving only a judicial deception claim to go forward.
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June 04, 2024
FDA Advisers Rebuff Bid To Treat PTSD With MDMA
A panel of public health experts on Tuesday dealt a blow to a historic effort to regulate MDMA therapy for post-traumatic stress disorder, saying although the positive effects shown in clinical trials are promising, the proposal was hindered by too many confounding factors.
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June 04, 2024
Recreational Marijuana To Be On SD Ballot For 3rd Time
Recreational marijuana advocates have successfully put a measure on South Dakota's November ballot, giving state voters a third shot at legalizing the drug just two years after they declined to do so.
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June 04, 2024
Vape Distributors Push To Exit NYC E-Cigarette Suit
Two groups of e-cigarette distributors are urging a New York state court to toss claims from New York City alleging they're violating city laws by selling flavored e-cigarettes, saying that the law in question only applies to retail sales, not distributor-to-distributor sales.
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June 04, 2024
NM Cannabis Co. Says Insurers Can't Toss Medical Weed Row
A group of insurers can't escape a proposed class action demanding they cover medical marijuana costs, a cannabis company and several of its patients said, telling a New Mexico federal court that medical cannabis is a medically necessary behavioral health service that must be covered.
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June 03, 2024
GAO Urges DEA To Streamline Religious Drug Use Requests
The U.S. Government Accountability Office said in a new report that the nation's drug enforcement agency needs to be more transparent about its process for reviewing religious exemption requests from churches that use controlled substances as sacraments.
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June 03, 2024
Missouri Judge OKs Cannabis Tax By Both City And County
Both a city in Missouri and the county that surrounds it can collect a tax on marijuana dispensaries, a state circuit judge found.
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June 03, 2024
Court Tosses Challenge To Wash. Pot Licensure Plan
A Washington federal judge has tossed a challenge to the residency restrictions of the state's cannabis social equity program, saying that the dormant commerce clause argument advanced by an out-of-state litigant is unpersuasive since pot is federally illegal.
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June 03, 2024
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery pushed out tons of decisions last week, along with a second round of new rules and letters of concern over pending changes to the state's corporate law code. The court's docket was as busy as ever, with new cases involving Tesla CEO Elon Musk, FTX cryptocurrency claims, and more. In case you missed it, here's the latest from Delaware's Chancery Court.
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June 03, 2024
Ex-Conn. Dispensary Supervisor Drops Transgender Bias Suit
A former supervisor at a Branford, Connecticut, cannabis dispensary has withdrawn her claims that her colleagues targeted her for being transgender and tried to get her in trouble at work by falsely claiming she was high on the job, targeting that allegedly led to her termination.
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June 03, 2024
Calif. Justices Free Woman From Misdemeanor Pot Charges
The California Supreme Court has thrown out misdemeanor cannabis-related charges against an 85-year-old woman, finding the trial court was within its discretion to consider her lack of knowledge of the unlicensed operation happening in her building.
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June 01, 2024
Blockbuster Summer: 10 Big Issues Justices Still Must Decide
As the calendar flips over to June, the U.S. Supreme Court still has heaps of cases to decide on issues ranging from trademark registration rules to judicial deference and presidential immunity. Here, Law360 looks at 10 of the most important topics the court has yet to decide.
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May 31, 2024
Vape Co. Can't Toss Breeze Smoke's Claims In IP Row
An Illinois federal judge has rejected vape pen maker Midwest Goods' bid to throw out counterclaims that it infringed competitor Breeze Smoke's trade dress and a design patent, while also denying a bid from Breeze Smoke for a preliminary injunction.
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May 31, 2024
DC Circ. Judge Ponders NLRB Jurisdiction Over 'Criminal' Biz
The D.C. Circuit determined that the National Labor Relations Board lacked enough evidence to find a cannabis company illegally fired a pro-union employee, with one judge questioning the board's jurisdiction over a "criminal enterprise."
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May 31, 2024
LA Renews Bid To Toss Mich. Man's Pot Equity Licensing Suit
The city of Los Angeles is once again asking a California federal court to dismiss a Michigan man's challenge to the residency requirement of its social equity cannabis license program, saying the Constitution's dormant commerce clause doesn't apply.
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May 31, 2024
FDA Seeks Fines Over Elf Bar E-Cigarette Sales
The U.S. Food and Drug Administration on Thursday said that it is seeking civil money penalties from nine stores and one online retailer for selling Elf Bar e-cigarettes, after previously warning them about sales of unauthorized tobacco products.
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May 30, 2024
9th Circ. Says Cannabis Co. Can Retry Suit Over Lamp Fire
A Washington cannabis company whose Spokane Valley growing facility was burned down, allegedly due to faulty indoor grow lamps, will get one last shot at suing the company which made the lights, the Ninth Circuit ruled, warning the cannabis company to be "mindful" when filing.
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May 30, 2024
Colo. Justice Says Outside Watchdog Key For Judicial Ethics
A Colorado Supreme Court justice said Thursday that third-party oversight of judges' conduct was crucial to maintaining the public's trust in the legal system, speaking as part of an American Bar Association panel that touched on recent controversies, including those involving U.S. Supreme Court Justice Samuel Alito and his wife.
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May 30, 2024
Chancery Rejects Do-Over Of THC-Drink Co. Legal Fee Fight
Two directors of a cannabis-infused drink startup who sued the Minnesota-based company for unpaid legal fees will not get a second chance to argue that they deserve more than what the court already awarded, Delaware's Court of Chancery said Thursday.
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May 30, 2024
Minn. Gov. Signs Law For Earlier Cannabis Industry Launch
Minnesota Gov. Tim Walz has signed a bill that imposes a number of changes to the state's marijuana law, including provisions that could allow social equity cannabis applicants to start cultivating the plant for the new market by the end of the year.
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May 30, 2024
Conn. Judge Axes Pot Dispensary Permit Challenge
A collection of Stamford, Connecticut, citizens has no right to appeal a court-approved settlement between the city's zoning board and a cannabis company, which allows Sweetspot Stamford LLC to operate a retail dispensary, a state court judge has ruled.
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May 30, 2024
Pa. Court Blocks State's Recall Over Cannabis Vape Additives
The Pennsylvania Commonwealth Court has permanently blocked the state Department of Health from enforcing a 2022 recall of medical cannabis products containing certain additives, on the grounds that the department's reversal on the additives' approval was a "de facto regulation" that was enacted without the proper procedures.
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May 29, 2024
Pot Co. Must Face Calif. City's Counterclaims In License Battle
A California cannabis company and entrepreneur can't escape counterclaims that they failed to pay fees associated with a commercial license to sell in the city of Baldwin Park — the same municipality whose officials they claim helped swindle him out of nearly $1 million — a federal judge ruled Tuesday.
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May 29, 2024
Pot Co. Stiiizy Accused Of Marketing Unsafe High-THC Wares
California cannabis giant Stiiizy has been accused of marketing dangerous high-potency THC products to young people, allegedly resulting in cannabis-induced psychosis in one user who brought a product liability and fraud suit Wednesday in Northern California state court.
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May 29, 2024
3 More Burns & Levinson Attys Join Blank Rome In Boston
Less than one month after Blank Rome LLP announced it had opened its Boston office with 25 corporate and finance attorneys from Burns & Levinson LLP, another three Burns & Levinson partners have joined the firm.
Expert Analysis
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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Landmark Ark. Ruling Is Welcome News For Hemp Industry
An Arkansas federal court's recent ruling in Bio Gen v. Sanders creates a road map for plaintiffs to attack state laws that restrict hemp, making it one of the most important cases to date addressing the 2018 Farm Bill and state laws regarding hemp, says Rod Kight at Kight Law.
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Series
ESG Around The World: Japan
Japan is witnessing rapid developments in environmental, social and corporate governance policies by making efforts to adopt a soft law approach, which has been effective in encouraging companies to embrace ESG practices and address the diversity of boards of directors, say Akira Karasawa and Landry Guesdon at Iwata Godo.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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New Calif. Hemp, CBD Rules Affect Nationwide Compliance
Because of its huge market share, it is imperative that operators in every state understand the nuances of California's hemp and CBD regulatory regime, including policies refined over the past year and pending legislation that would allow cannabis licensees to sell, manufacture and distribute hemp and CBD products, say Alexis Lazzeri and Meital Manzuri at Manzuri Law.
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Opinion
Judicial Independence Needs Defense Amid Political Threats
Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.
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How Law Firms Can Use Account-Based Marketing Strategies
Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.
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Why Bankruptcy Is A Budding Alternative For Cannabis Cos.
A set of recent decisions from a California bankruptcy court regarding The Hacienda Co. signal a retreat from a zero-tolerance policy requiring dismissal of any bankruptcy case involving a cannabis-related business, and show why cannabis companies could benefit from having full access to the bankruptcy system, say George Singer and Rachel Gillette at Holland & Hart.
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Potential Outcomes Of High Court Gun Sentencing Case
In Brown v. U.S., the U.S. Supreme Court will decide the standard that triggers minimum sentencing enhancements for previously convicted people facing new gun charges, thus resolving a deepening circuit split and potentially alleviating some sentencing disparities, says attorney Sami Azhari.
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Strategic Succession Planning At Law Firms Is Crucial
Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.
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What An NCAA Drug Test Change Could Mean For Cannabis
If the NCAA follows through with its decision to remove cannabis from its banned list of substances, it will affect college athletes, athletic directors, public relations employees, and marketing departments at universities and colleges, and it will have a significant economic effect on the cannabis industry, say Stanley Jutkowitz and Sydney Jenkins at Seyfarth.
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What Marijuana Status Change Would Mean For Industry
If the Drug Enforcement Administration accepts the U.S. Department of Health and Human Services’ recent recommendation to change marijuana’s classification under federal law, it would be a significant regulatory shift that could foster many industry benefits — but questions, risks and uncertainties at both the state and federal levels would remain, say attorneys at Neal Gerber.
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Maximizing Law Firm Profitability In Uncertain Times
As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.