Cannabis

July 12, 2024
Ex-Quantix Worker Sues Abbott Labs Over Drug Test Firing

A former employee of Quantix SCS LLC is suing the company, Abbott Laboratories Inc. and two other drug testing companies, saying he was wrongly fired after testing positive for THC and the companies did not consider that it could have resulted from his use of legal CBD products.
July 12, 2024
Tobacco Co. Wants Coverage After $89M Tornado Damage

A tobacco company blamed its insurers for failing to pay their portion after $89 million of snuff was damaged following a 2023 tornado, in a case removed to Tennessee federal court.
July 11, 2024
Judge Won't Dismiss Cannabis Extraction IP Dispute

Subsidiaries of Canadian cannabis company Halo Collective Inc. can't escape patent infringement claims by a Colorado-based firm specializing in developing techniques for extracting hemp oil, a California federal judge has ruled, rejecting a slew of motions seeking summary judgment.
July 11, 2024
Legal Foundation Urges Justices To Limit RICO's Civil Scope

The Washington Legal Foundation on Thursday urged the U.S. Supreme Court to overturn a Second Circuit decision allowing a trucker to sue three CBD companies under the Racketeer Influenced and Corrupt Organizations Act, saying the circuit court ignored RICO's structure and purpose.
July 11, 2024
Navy Can't Get Out Of Ex-Marine's PTSD Discrimination Suit

A Washington federal judge won't let the U.S. Navy out of a suit from a former Marine alleging that he was discriminated against and terminated over his post-traumatic stress disorder, saying there is enough evidence that a fact-finder could determine his boss retaliated against him.
July 11, 2024
Wash. Justices Agree To Review State's Pot Co. Wage Suit

The Washington Supreme Court has agreed to review whether the state labor agency jumped the gun by suing a cannabis company to collect back pay for employees before the agency knew how much money the workers were owed.
July 10, 2024
Cheech And Chong's Co. Hits Colo. Cannabis Cos. With IP Suit

Cheech and Chong's Cannabis Co. has filed an infringement lawsuit against a Colorado entrepreneur, accusing him of using the comedy duo's likeness after being explicitly warned not to, according to a lawsuit filed in Colorado state court.
July 10, 2024
Iowa Blasts Beverage Makers' Challenge To New Hemp Law

The state of Iowa is defending a new law placing restrictions on products with hemp-derived THC, saying the beverage makers who have challenged it in federal court will not prevail on their new claim that the law is unconstitutionally vague.
July 10, 2024
Wyoming Officials Urge Court Not To Block New Hemp Law

Wyoming state officials have urged a federal judge not to block enforcement of a new law targeting hemp-derived intoxicating products, saying the law is not preempted by federal policy and that the state has an interest in cracking down on such wares.
July 10, 2024
RJ Reynolds Urges Toss Of Menthol Suit Against FDA

Tobacco giant R.J. Reynolds has come to the support of the U.S. Food and Drug Administration in a friend-of-the-court brief, arguing that the court should toss a federal lawsuit against the agency over its purported delays in implementing a ban on menthol cigarettes.
July 10, 2024
Mass. Justices Say Intent Not Factor In Boston Appeal Bonds

Boston's zoning law does not require that courts make a finding of bad faith before ordering a challenger to post a bond, Massachusetts' highest court concluded on Wednesday in a case involving the appeal of the issuance of a cannabis dispensary permit.
July 09, 2024
DC Circ. Dings NLRB's Analysis In Pot Co.'s Certification Fight

The National Labor Relations Board must explain why it applied one legal test over another when analyzing whether a union representation election at a Chicago cannabis dispensary was fair, the D.C. Circuit said Tuesday, sending the dispensary's challenge to union certification back to the board.
July 09, 2024
CBD Cos. Tell Justices RICO Can't Cover Personal Injury

A trio of CBD companies on Tuesday urged the U.S. Supreme Court to find that a trucker fired for a positive drug test cannot bring a personal injury claim under the Racketeer Influenced and Corrupt Organizations Act.
July 09, 2024
Cannabis Co. Stiiizy Should Face Delta-8 Suit, Court Told

A California purveyor of delta-8-infused vapes shouldn't be allowed to escape consumer claims that its products contain levels of THC above the legal limits, the plaintiffs behind a proposed class action have argued, saying the company has attempted to do too much business in Illinois to evade personal jurisdiction.
July 09, 2024
NYC Defends Policy Of Shuttering Unlicensed Pot Stores

New York City defended its policy of padlocking stores selling marijuana without a license, saying the stores represent a threat to public health, and it urged a federal judge in Manhattan to reject an injunction sought by more than two dozen targeted retailers.
July 09, 2024
2nd Circ. Urged To Toss Cannabis Dormant Commerce Suit

New York cannabis regulators have urged the Second Circuit to disregard a California lawyer's efforts to upend the state's licensing program, arguing that the dormant commerce clause doesn't apply to marijuana, a substance that Congress has not permitted to be traded between states.
July 09, 2024
Ark. Group Gets 100K Signatures For Medical Pot Expansion

An Arkansas cannabis advocacy group has collected more than 100,000 signatures in favor of expanding the state's medical marijuana program, more than enough to get an initiative on the state's ballot this November, the state announced Friday.
July 08, 2024
Would-Be Pot Co. Rainmaker Still Not Liable For Alleged Fraud

A Colorado Court of Appeals panel has affirmed the outcome of a jury trial in which a businessman was found not liable for defrauding a cannabis company, concluding that it would have been highly prejudicial to tell jurors the businessman was sanctioned in the case for fabricating evidence.
July 08, 2024
Smoke Shops Say Rivals Are Copying Name, Filching Goodwill

A Washington smoke chain has hit several rivals with trademark infringement lawsuits, accusing them of unauthorized use of its name, Smoke City, so they can lean on the goodwill it has developed with customers.
July 08, 2024
Suit Alleging NY Pot Kickbacks Moved To Federal Court

An Illinois security company is suing New York's cannabis authority for $300 million claiming that one of its board members convinced the business to do free surveillance camera work by promising it a state contract that never came, according to a lawsuit removed to federal court.
July 08, 2024
'Amazon Of Hemp' Wants Early Exit From NC Pot Farm Fight

An online hemp retailer is looking to ditch claims that it's passing off a North Carolina farm's hemp products as its own and has otherwise doctored THC test reports, calling the suit "fatally defective" and saying that other parts of the complaint contradict those claims.
July 05, 2024
How Reshaped Circuit Courts Are Faring At The High Court

Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.
July 05, 2024
Breaking Down The Vote: The High Court Term In Review

The U.S. Supreme Court's lethargic pace of decision-making this term left the justices to issue a slew of highly anticipated and controversial rulings during the term's final week — rulings that put the court's ideological divisions on vivid display. Here, Law360 takes a data dive into the numbers behind this court term.
July 05, 2024
High Court Flexes Muscle To Limit Administrative State

The U.S. Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.
July 05, 2024
The Sharpest Dissents From The Supreme Court Term

The U.S. Supreme Court's session ended with a series of blockbuster cases that granted the president broad immunity, changed federal gun policy and kneecapped administrative agencies. And many of the biggest decisions fell along partisan lines.

Expert Analysis

Pro Bono Work Is Powerful Self-Help For Attorneys

Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
State Regs Sow Discord Between Cannabis, Hemp Industries

Connecticut, Maryland and Washington are the latest states choosing to require intoxicating hemp products to comply with the states' recreational marijuana laws, resulting in a widening rift between cannabis and hemp as Congress works on crafting new hemp legislation within the upcoming 2023 Farm Bill, say attorneys at Wilson Elser.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.