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Cannabis
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October 28, 2024
Surge In Nicotine Fee Suits Shows Wellness Program Risks
A recent crop of suits accusing large employers of violating nondiscrimination provisions in federal benefits law by making workers who use nicotine pay more for health insurance underscore the risk of using fees to offset healthcare costs, attorneys say. Here are five nicotine surcharge suits to keep an eye on.
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October 28, 2024
NY Suit Over Inaccurate Background Check Gets Dropped
A man who lost a job opportunity with the Home Shopping Network after an allegedly faulty background check pinned him for cocaine trafficking instead of marijuana peddling agreed to drop his suit against the screening company.
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October 28, 2024
Report Says To Allow Bulk Of Software Investor Suit
A U.S. magistrate judge has recommended against dismissing the bulk of an investor's suit alleging Decentral Life Inc. and a group of its licensees, including a cannabis social media site, misled him into investing more than $1.7 million by boasting bogus user counts.
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October 25, 2024
Shoplifter's Probation Pot Ban Upheld By Mich. Appeals Court
A Michigan appeals court on Thursday ruled that, notwithstanding the state's legalization of recreational cannabis, a woman who pled guilty to shoplifting violated the terms of her probation by smoking marijuana while it remains federally illegal.
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October 25, 2024
Failed Pot-Friendly Neobank Exec Says Court Must Hold Cash
Dozens of "defrauded businesses" are left without the cash they deposited into a defunct cannabis-focused "neobank," the former chief executive said when urging an Oregon federal court not to earmark the remaining money left in accounts to just one ripped-off cannabis company.
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October 25, 2024
'NJWeedman' Claims Harassment For Using 'Batman' Signal
A New Jersey cannabis advocate known as "NJWeedman" has launched a federal lawsuit against the mayor of Trenton, accusing him of unlawful retaliation after he projected a "Batman-like signal image" criticizing the municipal government on the side of City Hall.
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October 24, 2024
Hemp Shops Sue DC Over Cannabis Raids
Washington, D.C.'s cannabis authority is unjustly targeting two hemp retailers, preventing them from selling a number of their products and pushing them to the "brink of collapse," after incorrectly assuming they sell illicit marijuana, according to a lawsuit filed in D.C. superior court.
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October 24, 2024
Logistics Cos. Don't Let Workers Avert Tobacco Fee, Suit Says
Two Connecticut-based logistics companies unlawfully charge employees who use tobacco an extra fee for obtaining health insurance without offering full reimbursement if they complete a smoking cessation program, according to a proposed class action filed in federal court.
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October 24, 2024
Pot Processor Can't Get Reversal Of Ohio License Denial
An Ohio state appeals court won't let a would-be cannabis processor undo the denial of its bid for a provisional processing license, saying there's no indication that the state regulators abused their discretion in scoring the company low regarding security and contamination risks.
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October 24, 2024
Hemp Industry Group Sues Texas City, DEA Over Raids
A hemp industry trade group has sued the city of Allen, Texas, and the U.S. Drug Enforcement Administration in Texas federal court, alleging they raided and seized a small business' hemp inventory and arrested its manager in violation of state and federal law.
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October 23, 2024
Late Smoker's Spouse Can Argue Survivor's Benefits At Retrial
The husband of a deceased smoker whose $157 million win against tobacco companies was erased can claim surviving spouse damages under Florida's Wrongful Death Act on retrial even though he was not married to his partner at the time he was diagnosed with lung disease, according to an opinion released Wednesday by a Florida appeals court.
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October 23, 2024
NM Pot Cos. Say Border Agents Wrongfully Seized Product
A group of state-licensed New Mexico cannabis companies allege in a new lawsuit that federal agents have been unlawfully seizing inventory and cash in contravention of a long-held U.S. policy of not interfering with state-regulated marijuana entities.
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October 23, 2024
Conn. Dispensary Can't Fight $500K Fee, State Agency Says
Connecticut's consumer protection agency is urging a superior court to trash a suit accusing state officials of causing a marijuana dispensary to miss a deadline and costing it half a million dollars, arguing that the state law doesn't give the court the authority to second-guess the state-issued bill.
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October 23, 2024
1st Circ. Sets Oral Arguments In Boies' Cannabis Suit For Dec. 5
The First Circuit has scheduled oral arguments in an appeal by a group of cannabis businesses, represented by litigator David Boies, challenging the federal prohibition on marijuana.
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October 23, 2024
Feds Urge High Court To Deny Cig Cos.' Bid To Ax New Rule
The U.S. Food and Drug Administration is asking the U.S. Supreme Court not to grant certiorari to a group of tobacco companies aiming to vacate a rule requiring larger warnings on cigarette boxes, saying the Fifth Circuit rightly found the proposed warnings don't violate the First Amendment's protection against compelled speech.
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October 22, 2024
Pot Co. Says Rolling Paper Co. Has Limited 'Juicy' Mark Rights
The maker of Raw rolling papers may have a trademark on "Juicy" when it comes to tobacco goods but that doesn't extend to marijuana products, a Colorado cannabis company has told a federal court, urging that an infringement suit against it be tossed.
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October 22, 2024
Ark. Supreme Court Voids Nov. Effort To Expand Medical Pot
The Arkansas Supreme Court has determined that voters will not get to decide November 5 whether to expand the state's medical marijuana program via a ballot initiative after finding that the title and summary of the proposed constitutional amendment were misleading.
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October 22, 2024
Dormant Commerce Blocks Wash. Licenses, 9th Circ. Told
Would-be cannabis dispensary Peridot Tree WA Inc. has urged the Ninth Circuit to reverse orders denying an injunction and dismissing its suit challenging Washington's social equity licensing program, saying it violates the dormant commerce clause by favoring in-state operators.
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October 22, 2024
How Law Firms Get And Keep Elite Status
For decades, a handful of New York-based law firms thoroughly dominated the national consciousness when it came to power, profitability and prestige. But in today's legal market, increased movement of partners and clients from one firm to the next has begun to shake things up and create opportunities for go-getters to ascend the ranks.
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October 22, 2024
The 2024 Prestige Leaders
Check out our Prestige Leaders ranking, analysis and interactive graphics to see which firms stand out for their financial performance, attractiveness to attorneys and law students, ability to secure accolades and positive legal news media representation.
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October 21, 2024
FDA Tells Court Menthol Cigarette Ban Is Still Under Review
The U.S. Food and Drug Administration has said it's still evaluating whether to finalize a proposed ban on menthol cigarettes, urging a California federal court to throw out a lawsuit that's attempting a "judicial end-run" around the ongoing review.
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October 21, 2024
Court Kicks Cannabis Consumer Case Back To Conn. State
Smoke and vape wholesalers accused of illegally selling intoxicating hemp products have lost a bid to keep an unfair trade lawsuit brought against them by the Connecticut attorney general out of state court after a district court judge ruled it doesn't matter if the THC in the vapes was derived from federally legal hemp.
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October 21, 2024
Cannabis Financing Co. Sues Over Dubious $3M Merger Demand
A Colorado-based company that provides banking services to cannabis companies is suing three shareholders of a company it acquired in a $30 million merger, saying in the last few days they've attempted to change the way the merger payments are distributed.
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October 21, 2024
Atty's Brother Says Sibling Feud Is Harassment Campaign
A Michigan attorney's brother and former business partner has accused the attorney of filing baseless lawsuits and harassing his employees in an attempt to squeeze money out of him, as the businessman countered a motion to block him from attending depositions.
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October 18, 2024
Law360 MVP Awards Go To Top Attys From 74 Firms
The attorneys chosen as Law360's 2024 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.
Expert Analysis
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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Cannabis Biz Real Estate Loan Considerations For Lenders
Now that cannabis sales are legal in some states, real estate lenders are interested in financing the land used by cannabis companies, but because cannabis sales are still illegal under federal law, lenders must make adjustments for cannabis-adjacent transactions, say Mark Levenson and Jeffrey Wendler at Sills Cummis.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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FDA's Multifaceted Role On Display In MDMA Therapy Scrutiny
Ongoing deliberations at the U.S. Food and Drug Administration regarding MDMA-assisted therapy for post-traumatic stress disorder serves as a window into the intricate balance of scientific innovation and patient safety oversight, and offers crucial insights into regulatory nuances, say Kimberly Chew at Husch Blackwell and Kevin Lanzo at Pharmaka Clinical Consulting.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.