Cannabis

  • June 06, 2024

    In 13-Year Trademark Fight, Chicago Judge Says No More

    A Chicago federal judge brought to a close a trademark fight between two vaping companies surrounding the phrase "21st Century Smoking" that has stretched on for over a decade and led to millions of dollars in sanctions over thousands of deleted emails and long-hidden documents.

  • June 06, 2024

    FDA Urges High Court To Hear 5th Circ. Flavored E-Cig Case

    The U.S. Food and Drug Administration is asking the U.S. Supreme Court to grant its petition for a review of an en banc Fifth Circuit decision overturning its denial of a flavored e-cigarette marketing application, saying this case provides a better vehicle to decide the issues than other petitions at the high court.

  • June 06, 2024

    Mass. Pot Regulators Hear Pleas To Address Islands' Shortage

    Massachusetts cannabis regulators on Thursday acknowledged they have "some work to do" during a meeting and listening session on Martha's Vineyard, where enforcement of a federal ban on transporting the drug over water is wreaking havoc on the island's supply chain.

  • June 05, 2024

    Cannabis Co. Protests $4M Award, Asserting Arbitrator Error

    Cannabis company Neptune Wellness Solutions Inc. urged a New York federal court Tuesday to upend a nearly $4 million arbitration award to an entrepreneur whose business merged with the Canadian company, asserting that the winnings, specifically attorney fees, should have been reduced by 98%.

  • June 05, 2024

    Samsung Escapes Illinois Suit Over Exploding Vape Battery

    An Illinois state appeals court has freed South Korea-based Samsung SDI Co. Ltd. from a suit alleging it sold a lithium-ion battery that exploded in a man's pocket, finding the man failed to provide any evidence that the company directed its wares at Illinois.

  • June 05, 2024

    NY Cannabis Head Looks Ahead Following Critical Audit

    The chair of New York's cannabis regulatory body told stakeholders Wednesday at a marijuana business expo that the agency was working to streamline its operations following an investigative audit ordered by the governor's office that blasted the office for inefficiencies.

  • 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.

  • 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.

  • 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.  

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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."

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • Potential Outcomes Of High Court Gun Sentencing Case

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    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.

  • Strategic Succession Planning At Law Firms Is Crucial

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    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.

  • What An NCAA Drug Test Change Could Mean For Cannabis

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    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.

  • What Marijuana Status Change Would Mean For Industry

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    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.

  • Maximizing Law Firm Profitability In Uncertain Times

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    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.

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

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    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

  • Series

    ESG Around The World: European Union

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    As the EU makes ESG regulation a priority, companies — both those based in the EU and others just doing business there — need to keep abreast of myriad new legislation that has either already taken effect or will in the near future, as noncompliance could result in fines, damages and director liability, say attorneys at Steptoe & Johnson.

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

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    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Issues Ahead As Psychedelic Medicine Faces Pivotal Moment

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    Recent regulatory changes and decriminalization efforts have opened doors for research and development in psychedelic medicine, but challenges like stigma, access and funding persist, meaning companies will need to address these issues to support the industry’s credibility, say consultants at FTI Consulting.

  • What Large Language Models Mean For Document Review

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    Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

  • Series

    Participating In Living History Makes Me A Better Lawyer

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    My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

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    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

  • How To Protect Atty-Client Privilege While Using Generative AI

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    When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

  • NY Cannabis Licensing Row Compounds State Industry Woes

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    A New York trial court’s recent injunction, preventing state regulators from issuing any new cannabis retail licenses, is the latest setback in a program rollout riddled with legal challenges and other delays, and will likely have negative impacts on operators, applicants, consumers and the state economy, say Meaghan Feenan and William Wolfe at Harris Beach.

  • How New Lawyers Can Leverage Feedback For Growth

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    Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

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