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Cannabis
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November 14, 2024
Hemp Companies Take NJ Challenge To 3rd Circ.
A group of companies that manufacture and sell hemp products is urging the Third Circuit to take a second look at an order that blocked part of a New Jersey law that regulates the sale of intoxicating hemp products, despite seemingly scoring a favorable outcome at the trial level.
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November 14, 2024
Wash. Justices Seem Split On Cannabis Co. Wage Suit
The Washington State Supreme Court wrestled Thursday with whether the state labor department jumped the gun on filing an unpaid-wages suit against a marijuana company, with one justice questioning if the department exceeded its powers and another expressing concern that lax enforcement would allow companies to skip payments for years.
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November 14, 2024
Federal Drug Ban Moots Psilocybin Access Suit, Ore. Says
Oregon's health regulator has told a federal judge in the state that a suit brought under a federal anti-discrimination law seeking to broaden access for homebound patients to the state's regulated psilocybin program should be dismissed because the drug is federally illegal.
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November 14, 2024
Trump Picks RFK Jr. To Lead Health & Human Services
President-elect Donald Trump announced Thursday that Robert F. Kennedy Jr., a prominent anti-vaccination activist and former presidential candidate, is his nominee to lead the U.S. Department of Health and Human Services.
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November 14, 2024
DC Circ. Won't Rethink Denial Of Church Tax Exemption
The D.C. Circuit rejected a request to reconsider the tax status of an Iowa church that used a psychedelic drug in its rites, letting stand its decision that because the church uses a federally illegal drug, it isn't entitled to tax-exempt status.
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November 13, 2024
Instagrammer Sues Dad Over Ouster From Vape Co., IP Usage
Instagram celebrity Dan Bilzerian claims his vape and lifestyle brand was hijacked by his dad and others, according to a Nevada federal lawsuit which accuses them of stealing his likeness and running his name through the mud.
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November 13, 2024
DOJ Says Disarming Pot Patients Has Historic Precedent
The U.S. Department of Justice is again urging a Pennsylvania federal court to throw out a suit challenging a Bureau of Alcohol, Tobacco, Firearms and Explosives policy prohibiting medical cannabis users from buying or owning firearms, saying the policy is analogous to laws disarming people who are intoxicated or deemed dangerous for use of illegal drugs.
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November 13, 2024
Trump's Choice Of Matt Gaetz For AG Hints At Cannabis Policy
President-elect Donald Trump's announcement Wednesday that he would nominate Rep. Matt Gaetz, R-Fla., one of the relatively few Republican proponents of cannabis legalization, to be the next U.S. attorney general marks an early sign of how his administration will consider marijuana policy.
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November 13, 2024
Trump Taps DOJ Critic Matt Gaetz For Attorney General
President-elect Donald Trump on Wednesday nominated Rep. Matt Gaetz to be the next U.S. attorney general, seeking to elevate a close political ally to lead a Justice Department that the Florida lawmaker has sharply criticized and that last year declined to charge him in a sex-trafficking investigation.
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November 12, 2024
Trump Taps Elon Musk To Head New 'Gov't Efficiency' Dept.
President-elect Donald Trump announced Tuesday that billionaire Elon Musk and former presidential candidate Vivek Ramaswamy will lead a newly created "Department in Government Efficiency" for his administration come January.
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November 12, 2024
Weedmaps Execs Named In Derivative Action Over SEC Fine
Current and former executives and directors of Weedmaps' parent company face shareholder derivative claims following an investor class action and a regulator's fine over the digital cannabis marketplace's alleged use of "willfully inflated" user metrics.
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November 12, 2024
Trump's 'Pro-Business' Agenda Could Be A Boon For M&A
President-elect Donald Trump's "pro-business" priorities and an anticipated relaxation of antitrust scrutiny are expected to boost mergers and acquisitions activity, but his tariff plan may have mixed results across sectors — and select deals could be subject to his "unpredictability," attorneys told Law360.
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November 12, 2024
Missouri Appeals Court Quashes County Cannabis Taxes
The Missouri Constitution bars counties from levying taxes on cannabis sales made inside incorporated municipalities that can impose their own taxes, a state appeals court held Tuesday in ruling in favor of a dispensary that challenged two counties' taxes.
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November 08, 2024
NYC Water Worker Alleges Retaliation For Off-Duty Pot Use
A municipal water treatment worker has filed a discrimination lawsuit against the New York City Department of Environmental Protection claiming he was wrongly punished for his legal off-duty use of cannabis and wrongly terminated for refusing to take a drug test when he was actually suffering a medical emergency.
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November 08, 2024
Cannabis Shops Sue DC To Halt Enforcement Actions
A coalition of Washington, D.C., recreational marijuana shops has launched a federal lawsuit against a slew of District entities, including the mayor, cannabis regulator and police department, seeking to halt the government's enforcement actions against their stores.
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November 08, 2024
Pot Co. Employees Accuse Billionaire Owner Of Fraud
Former executives of troubled medical marijuana startup Parallel are suing its former CEO and heir to the Wrigley gum fortune, claiming the billionaire paid them in "worthless" shares that he overvalued, resulting in tax bills they can't afford.
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November 08, 2024
ND Wants To Back Feds In Dakota Access Pipeline Row
North Dakota wants to back the federal government in a challenge by the Standing Rock Sioux Tribe seeking to block a Texas-based energy company from continuing to operate the Dakota Access Pipeline, arguing a shutdown would undermine the state's interests in oil and gas regulation activity.
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November 07, 2024
Researcher Sues DEA Over Pot Rescheduling Process
A psychedelic researcher has asked a Washington federal judge to block the Drug Enforcement Administration from proceeding with its plan to hold administrative hearings on a proposal to reclassify marijuana, alleging various breaches of administrative law.
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November 07, 2024
9th Circ. Finds No Jurisdiction In LG Chem Battery Suit
The Ninth Circuit upheld the dismissal of a suit against LG Chem Ltd. over a lithium-ion battery used in an e-cigarette that allegedly burned a California man, finding that the lower court was correct in holding that it had no jurisdiction over the case.
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November 07, 2024
Car Dealer To Pay $5.8M To Investors Over Pot Stock Scheme
A Michigan car dealer accused of selling shares for a largely bogus cannabis company has admitted to violating state securities law and has agreed to return investor money, roughly $5.8 million, according to a consent order issued by an Ohio federal judge.
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November 07, 2024
Ore. Judge Denies CBD Co's Bid To Freeze Bank Assets
An Oregon federal judge won't freeze accounts tied to the founders of a "neobank" that went belly up and failed to return nearly $127,000 in deposits made by a cannabis company, saying the accounts are operated by a bank that is not a party to the litigation.
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November 07, 2024
Colo. Cannabis Co. Seeks Receivership As Part Of Wind Down
A branded cannabis consumer goods company asked a Colorado state court late Wednesday to appoint a receiver over its business as its Canadian parent company seeks to wind down its operations.
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November 06, 2024
After Electoral Defeats, Cannabis Advocates Eye Next Steps
Cannabis industry advocates and reform activists struck a note of cautious optimism Wednesday following an expected Republican electoral sweep of the federal government, while opponents of legalization touted the defeat of multiple statewide ballot measures as proof of their position that marijuana reform efforts were losing support.
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November 06, 2024
Feds Fight Philly Injection Site Group's 3rd Circ. Appeal
The U.S. Department of Justice has urged the Third Circuit to preserve its win in preventing an overdose prevention organization from opening a supervised safe-injection site in Philadelphia, arguing that a lower court correctly ruled that the group is not a religious organization eligible for federal protection.
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November 06, 2024
Kratom Co. Failed To Warn Of 'Addictive Potential,' Suit Says
The company behind Kryptic Kratom and K-Chill branded supplements was hit with a proposed class action accusing the company concealing the "addictive potential" of kratom, which the suit likens to opioids, morphine and heroin.
Expert Analysis
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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Cannabis Case Lights Up Benefits Of Creative IP Protection
A recently filed California federal court case, The Holding Company v. Pacific West Distributors, illustrates potential creative strategies cannabis companies can use to build intellectual property rights, such as combining federal and state registrations for copyrights and trademarks, say attorneys at Seyfarth.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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CSA Case Could Shift Intrastate Commercial Cannabis
In Canna Provisions v. Merrick Garland, cannabis companies argue that the Controlled Substances Act is unconstitutional as applied to intrastate commercial cannabis activity; the Massachusetts federal court's eventual decision will be important to the cannabis industry for several reasons, including that the threat of federal enforcement would disappear overnight, says Hilary Bricken at Husch Blackwell.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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Tips On Numerical Range From Fed. Circ. Philip Morris Ruling
The Federal Circuit's recent RAI v. Philip Morris decision that a patent provided sufficient written description to support a claimed numerical range offers several takeaways for practitioners, including the need for a cautious approach to criticism of ranges, say attorneys at BCLP.
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What's At Play In Rising Lanham Act Cases At The ITC
Amid an uptick in Lanham Act claims involving false advertising related to medical devices at the U.S. International Trade Commission, Brian Busey and Maryrose McLaughlin at MoFo discuss recent ITC complaints from Eli Lilly and R.J. Reynolds, Lanham Act claim limits under the Federal Food, Drug, and Cosmetic Act, and the issues practitioners face in this realm.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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A New Push To Clear Up Marijuana's Foggy Legal Status
A recently publicized U.S. Food and Drug Administration recommendation to reschedule marijuana has reignited discourse over the drug's federal legal status — and although rescheduling would mitigate the legal risks for the industry and drastically increase the resources available for industry participants, the path forward will not be clear cut, say Joseph Cioffi and Louis DiLorenzo at Davis+Gilbert.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Series
ESG Around The World: Gulf Cooperation Council
The Gulf Cooperation Council is in the early stages of ESG policy implementation, but recent commitments by both states and corporations — including increases in sustainable finance transactions, environmental commitments, female representation on boards and human rights enforcement — show continuing progress toward broader ESG goals, say attorneys at Cleary.