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Cannabis
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November 27, 2024
NC Tribe Demands Apology Over Senator's Floor Remarks
A North Carolina tribe is demanding an apology from one of the state's U.S. senators, who they say recently launched "an emotional tirade" on the Senate floor, targeting hundreds of tribal leaders and organizations with baseless accusations in a bid to push a bill through to federally recognize the Lumbee Tribe.
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November 27, 2024
Amid Claims Of Bias, DEA To Kick Off Historic Pot Hearing
The Drug Enforcement Administration's administrative law tribunal will hold a preliminary hearing Monday on the U.S. Department of Justice's proposal to relax restrictions on marijuana, kicking off a historic process that has already been marked by allegations of agency bias.
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November 27, 2024
Up Next At The High Court: Transgender Care, Holocaust Art
The U.S. Supreme Court will return to the bench Monday for its December arguments session, which will include blockbuster questions about the constitutionality of state laws banning gender-affirming care for transgender minors and whether Hungary can be held liable for property stolen during World War II.
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November 27, 2024
Neb. Judge Rejects Challenge To Medical Pot Legalization
Efforts to upend ballot measures that legalized medical marijuana in Nebraska have failed, after a Nebraska state judge ruled the secretary of state couldn't show in his challenge that a considerable number of signatures to qualify for the ballot were invalid.
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November 27, 2024
IP Atty, Wife Say Mich. Pot Co.'s Defamation Suit Is Too Old
A Montana intellectual property attorney and his wife have urged a Michigan federal judge to dismiss a cannabis company's lawsuit alleging the couple posted falsehoods about the business on social media and made false tips to Michigan cannabis authorities, arguing that the claims are time-barred.
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November 27, 2024
Congressional Dems Urge Biden For More Cannabis Reform
Congressional Democrats are urging President Joe Biden to use his executive authority to take further action on marijuana reforms during the waning weeks of his administration.
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November 26, 2024
Chicago Dispensary Asks NLRB To Ax 2021 Union Vote Result
The National Labor Relations Board should nix a United Food & Commercial Workers local's 11-10 win in a 2021 representation election at a Chicago cannabis dispensary due to an issue with the vote, the dispensary said, adding NLRB and D.C. Circuit precedent supports its stance.
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November 26, 2024
Officials Must Face Claims From Pot Farm Raid, Grower Says
A farmer whose Oklahoma property was razed by state drug enforcers, allegedly causing the destruction of crops and agriculture equipment worth millions of dollars, is pushing back on efforts by law enforcement to escape his suit, saying they shouldn't get qualified immunity.
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November 26, 2024
Hemp Org. Warns Farm Bill Would Ban Some Legal Products
A major hemp trade organization said Tuesday the Senate Democrats' version of the Farm Bill has some "concerning" implications for hemp that could result in product bans.
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November 26, 2024
Ohio Vaping Chain Worker Drops Proposed OT Class Action
An Ohio vape shop worker has dropped her proposed class and collective action accusing her employer of making his employees work 60 to 100 hours per week but then not paying them overtime for their extra labor as required by the Fair Labor Standards Act.
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November 26, 2024
Court Asked To Halt DEA's Pot Rescheduling Hearing
The Drug Enforcement Administration's plan to hold administrative hearings on a proposal to reclassify marijuana must be stopped, a psychedelics researcher argued, telling a Washington federal judge that the DEA is not giving a voice to small entity researchers and tribal stakeholders.
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November 25, 2024
DEA And Anti-Pot Group Reject Accusations Of Collusion
The Drug Enforcement Administration and a leading anti-cannabis-legalization advocacy group on Monday each pushed back against allegations that they colluded with each other in the run-up to administrative law judge hearings on a proposal to loosen federal restrictions on pot.
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November 25, 2024
Farm Orgs. Win Block Of DOL H-2A Protections
A Kentucky federal judge granted several farmers and farm associations' bid to block the U.S. Department of Labor's new protections for foreign H-2A farmworkers, saying Monday the agency's extension of labor organizing rights to these workers amounts to a "blatant arrogation of authority."
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November 25, 2024
Hemp Sellers Say Conn. Cannabis Laws Violate Constitution
A dozen Connecticut hemp retailers filed a federal lawsuit against the governor and attorney general challenging a number of state laws meant to regulate so-called high-THC hemp products, claiming the statutes are so vague they are unconstitutional.
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November 25, 2024
5th Circ. Upholds Miss. Ban On Medical Pot Ads
Marijuana dispensaries do not have protections under the First Amendment to advertise their products because the drug is still illicit under federal law, the Fifth Circuit ruled, tossing a lawsuit that sought to upend the state's tight regulations on cannabis ads.
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November 25, 2024
Justices Nix Removal Relief After Cannabinoid Conviction
The U.S. Supreme Court on Monday denied a petition from a Mexican citizen and U.S. resident seeking relief from a Board of Immigration Appeals order which determined his deportation from the country was justified due partly to a Texas conviction for possessing a synthetic cannabinoid.
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November 25, 2024
High Court Refuses To Review FDA Cigarette Warning Rule
The U.S. Supreme Court on Monday said that it won't take up a challenge to a U.S. Food and Drug Administration rule requiring larger warnings on cigarette boxes, in a suit brought by tobacco companies.
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November 22, 2024
Trump Makes Picks For FDA, CDC And Surgeon General
President-elect Donald Trump on Friday revealed his nominations for several health agencies, picking Johns Hopkins surgeon and professor Dr. Marty Makary for Food and Drug Administration commissioner, former Rep. Dave Weldon, R-Fla., as the Centers for Disease Control and Prevention director, and Fox News contributor Dr. Janette Nesheiwat for surgeon general.
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November 22, 2024
Pam Bondi's 'Greatest Hits' As Florida Attorney General
In her eight years as attorney general of Florida, Pam Bondi — who has been tapped by President-elect Donald Trump as attorney general — took on pill mills and telemarketing scams targeting the state's large elderly population, while also leading GOP state efforts to battle the Obama administration.
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November 22, 2024
Delta-8 Product Actually Illicit Delta-9, Class Action Claims
The manufacturer of Cake Brand vapes has been hit with a proposed class action accusing it of "masquerading" its products as "lawful delta-8" when in reality they contain delta-9, a derivative marijuana which remains a Schedule I drug, according to the suit filed in California federal court.
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November 22, 2024
Hemp Cos. Owner Seeks Toss Of Cousin's TM Dispute
A Miami-based delta-8 THC products manufacturer is looking to toss an infringement lawsuit filed by a former business partner, telling a Florida federal judge that the suit appears to be a patent fight and therefore belongs in trademark court.
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November 22, 2024
Federal Circuit Backs Philip Morris' Electronic Pipe IP Win
The Federal Circuit on Friday refused to revive claims in an electronic pipe patent that was challenged by Philip Morris, backing a Patent Trial and Appeal Board finding that language in the patent could be found in older patent paperwork.
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November 22, 2024
Bondi Vowed Trump Payback. Ex-Colleagues Aren't Worried.
U.S. attorney general nominee Pam Bondi is an outspoken ally of President-elect Donald Trump and vowed during the campaign that his "prosecutors will be prosecuted," but people who've worked with her say she's well qualified to serve as the nation's top cop and downplayed concerns that she would politicize the U.S. Department of Justice.
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November 22, 2024
Pot Dispensary Aims To Escape Lowenstein Sandler's Fee Suit
A New Jersey cannabis dispensary has moved to dismiss a suit from Lowenstein Sandler LLP seeking nearly $800,000 in unpaid fees, telling a state court that the firm did not give the proper notice before suing over the fee dispute.
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November 21, 2024
SEC Denied Civil Penalties Over Pot Pill Exec's 'Inexperience'
The SEC will score $86,000 in disgorgement and interest from a former executive of C3 International Inc. for falsely claiming the company's cannabis pill was projected to generate millions of dollars in revenue, but the court found the defendant's conduct did not warrant the civil penalty the agency requested.
Expert Analysis
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Incoming Admin May Shake Up Life Sciences Regulation
Though President-elect Donald Trump has not yet articulated policy priorities regarding the life sciences industry, the sector is positioned to see significant changes that could affect everything from drug exclusivity and generic drug approvals, to the availability of over-the-counter drugs, to laboratory-developed tests and digital health, say attorneys at Morgan Lewis.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Justices Must Weigh Reach Of Civil RICO In Cannabis Case
Oral arguments in Medical Marijuana Inc. v. Horn suggest that a majority of the U.S. Supreme Court may agree that a truck driver's losing his job after unknowingly ingesting THC and failing a drug test does not merit a racketeering claim — but the court may not buy the other side's theory of the case either, say attorneys at Lewis Baach.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.