Cannabis

  • April 02, 2024

    NM Medical Cannabis Insurance Row To Stay In Federal Court

    The federal court is the proper place for a proposed class action seeking to make Blue Cross and Blue Shield and other insurers cover medical cannabis, a New Mexico federal judge has ruled, rejecting objections by patients who said the state's high court will eventually need to get involved.

  • April 02, 2024

    FDA Sued Again Over Years Of Delays On Menthol Ban

    The U.S. Food and Drug Administration on Tuesday was hit with a suit over a yearslong delay on banning menthol cigarettes, the second one brought by public health groups that say the agency's failure has caused thousands of premature deaths.

  • April 02, 2024

    NY Pot Biz Says Store Placement Rules Unconstitutional

    A marijuana company is suing the New York State Cannabis Control Board and Office of Cannabis Management, along with others, alleging rules restricting how close dispensaries can be to one another are too vague.

  • April 01, 2024

    Split 9th Circ. Says Court Can Void Pot Co.'s TM Applications

    A Ninth Circuit majority affirmed on Monday the cancellation of cannabis grower Central Coast Agriculture's trademark applications for its "Raw Garden" brand due to its lack of bona fide intent to use the marks commercially, with one judge dissenting, saying district courts can't interfere with and prematurely cancel trademark applications.

  • April 01, 2024

    Catching Up With Delaware's Chancery Court

    Last week, Delaware's Court of Chancery saw a $42.5 million settlement, dismissal of two big suits with two more remanded back, and new cases from shareholders of Walt Disney, Donald Trump's Truth Social, Rivian Automotive and BarkBox.

  • April 01, 2024

    Swedish Match Sued Over Allegedly Youth Targeted Zyn Ads

    Philip Morris International and its subsidiary Swedish Match North America LLC have been hit with a putative class action from an unnamed California man alleging he became addicted to the company's Zyn smokeless oral nicotine pouches when he was a minor because of the product's marketing campaign.

  • April 01, 2024

    Fla. High Court Says Voters Will Choose Whether To Legalize Pot

    Florida voters will have the opportunity to legalize recreational marijuana at the ballot box this November, after the state Supreme Court on Monday rejected a challenge brought by the state's attorney general and ruled that the proposal didn't violate a state rule restricting ballot measures to only one subject.

  • April 01, 2024

    Last Hemp Co. Exec Agrees To SEC Injunction In $14M Scam

    A CanaFarma Hemp Products Corp. co-founder who pled guilty to claims that he lied about the company's prospects in order to raise $14 million has become the last of four executives to reach a partial agreement resolving the U.S. Securities and Exchange Commission's civil claims.

  • April 01, 2024

    Mass. Justices Puzzle Over Standard For Zoning Appeal Bond

    Massachusetts' highest court on Monday grappled with whether developers in Boston must show that project opponents are acting in bad faith in order to obtain an appeal bond, as they now must do elsewhere in the state since a 2022 holding in a suburban affordable housing challenge.

  • April 01, 2024

    With Suit, NJ City Looks To Clear The Air About Cops' Pot Use

    A New Jersey city's lawsuit demanding clarity over whether state or federal law governs off-duty pot use for cops could help cannabis and employment lawyers navigate a growing battle between workers' rights and workplace safety.

  • April 01, 2024

    Duracell Gets Vape Co.'s 'Optimum' TM Suit Tossed For Good

    A New Jersey federal judge has thrown out a vape company's trademark suit alleging Duracell U.S. Operations Inc. infringed on its trademark for the "Optimum" brand name, saying there's no evidence showing any actual or potential confusion between the companies' products.

  • March 29, 2024

    Strange But True: Product Liability Stories For April Fools'

    Severed digits and fried rodents in food, e-cigarettes shaped like liquor bottles and claims that the advertising for Reese's peanut butter candies dashes consumers' expectations made Law360's list of strange cases for April Fool's.

  • March 29, 2024

    Weed Investors' Money Shift Cost Co. Millions, Suit Says

    A Michigan entrepreneur has hit his ex-partner with a $5 million lawsuit, accusing him of wrecking plans to buy a 10-acre marijuana grow facility near Ann Arbor by poaching the lead investors so he could fund his own Colorado cultivation.

  • March 29, 2024

    Cannabis Co. Consultant Barred From Penny Stock Trading

    A Florida federal judge has barred a self-designated consultant for a cannabis company from penny stock trading for life, finding that he knowingly put out statements claiming the company had deals to do business in countries where it was not legally allowed to sell cannabis products.

  • March 28, 2024

    Union Permitted MTA's Drug Test In Rep's Firing Suit, Judge Says

    A former New York electrical worker and union rep can't sue the Metropolitan Transportation Authority for firing him after a return-to-work drug test found evidence of marijuana use, as the union never raised the alarm about such drug tests before, a New York federal judge has ruled.

  • March 28, 2024

    Va. Gov., Critic Of Legal Pot, Vetoes Bill To Begin Sales

    Glenn Youngkin, the Republican governor of Virginia, on Thursday vetoed a Legislature-approved bill that would have taxed and regulated the sale of adult-use cannabis, saying marijuana sales would pose a public health and safety risk to Virginians.

  • March 28, 2024

    Cannabis Drink Co. Ordered To Pay Directors' Legal Fees

    A Minnesota-based joint venture formed to make cannabis-infused health drinks must partially indemnify two directors it sued for breaches of fiduciary duty after the complaints against them were dismissed, Delaware's Court of Chancery ruled Thursday.

  • March 28, 2024

    Faruqi & Faruqi Beats 5 Firms To Lead NewAge Investor Suit

    A Colorado district judge has selected two clients of Faruqi & Faruqi LLP to lead an investor class action accusing the executives and directors of wellness company NewAge Inc. of securities fraud, saying the plaintiff with an even bigger financial interest is unfit for appointment because he hid his "troubling" background.

  • March 28, 2024

    FDA Warns 61 Stores Over Illegal Vape Sales

    The U.S. Food and Drug Administration this week sent warnings to 61 retailers for selling illegal Lava and Elf Bar cigarettes, saying that both of the unauthorized brands are popular with young people.

  • March 28, 2024

    Trucking Co. Can't Undo $20M Verdict In Crash Death Suit

    A Missouri appeals court won't let Great Plains Trucking Inc. upend a $20 million verdict against it in a wrongful death suit, finding the trial court didn't abuse its discretion by excluding testimony about a plaintiff's cannabis usage or allowing the mother and father of the deceased to use separate counsel at trial.

  • March 28, 2024

    Ex-BigLaw Atty Named Acting GC At Neptune Wellness

    Neptune Wellness Solutions Inc. elevated to acting general counsel one of its in-house lawyers, who previously worked in BigLaw, the consumer-packaged goods company said in a securities filing on Wednesday, just days after a federal judge's order to replace its legal counsel.

  • March 28, 2024

    'Better Made' Chips Goes After 'Better Smoke' Pot

    Detroit-based Better Made Snack Foods Inc. said a number of cannabis companies in Michigan have been selling a line of "Better Smoke" cannabis products that mimics the snack brand's century-old logo in a trademark infringement lawsuit filed Wednesday.

  • March 28, 2024

    Romney Tells DEA Pot Review Must Heed Treaty Obligations

    Sen. Mitt Romney, R-Utah, on Wednesday expressed skepticism about federal health regulators' recommendation to loosen marijuana restrictions and pressed the U.S. Drug Enforcement Administration to explain how it would consider the drug's status in light of U.S. treaties.

  • March 27, 2024

    Cannabis Caucus Dems Urge Garland To Restore Pot Protections

    The two Democratic members of the U.S. House of Representatives' Congressional Cannabis Caucus blasted Attorney General Merrick Garland on Wednesday for not reissuing "overdue" protections for marijuana businesses acting in compliance with state and tribal law.

  • March 27, 2024

    LG Chem Mostly Wins Discovery Feud In Vape Battery Suit

    A New Jersey appellate court on Wednesday allowed an LG Corp. unit to prevail on 21 out of 22 discovery challenges in a suit over an exploding vape pen battery, saying the majority of the plaintiff's requests were overly broad and not tailored to his claims.

Expert Analysis

  • What Big Tobacco's Cannabis Investments Mean For Market

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    The tobacco industry appears to be shoring up investments in the cannabis market, most recently with Philip Morris’ purchase of an Israeli cannabis tech company, pointing to a bright future for vaped and noncombustible products, and signaling that marijuana rescheduling may be on the horizon, say Slates Veazey and Whitt Steineker at Bradley Arant.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

  • Perspectives

    More States Should Join Effort To Close Legal Services Gap

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    Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

  • Identifying Trends And Tips In Litigation Financing Disclosure

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    Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.

  • What's Next For Adult-Use Marijuana In Ohio

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    After Ohio voters defeated a proposal that would have made it harder to pass any citizen-initiated constitutional amendment, a state ballot measure to legalize adult-use marijuana has fairly good chances of passing — but advocates still face a long road ahead, say Perry Salzhauer and David Waxman at McGlinchey Stafford.

  • 2023 Farm Bill Could Follow Md., Minn. Or NY's Lead On Hemp

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    As potential changes to federal hemp policy are hammered out in the 2023 Farm Bill, lawmakers may look to recent regulations promulgated in Maryland, Minnesota and New York, which provide several possible regulatory frameworks for hemp and synthetic cannabinoids, say Seth Gitner and Jonathan Havens at Saul Ewing.

  • What's Notable In Connecticut's New Cannabis Laws

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    The Connecticut Legislature recently passed four bills containing cannabis provisions — ranging from applicable tax credits to labor agreement requirements — that may prove to be a mixed bag for state operators, say Sarah Westby and Deanna McWeeney at Shipman & Goodwin.

  • Series

    The Pop Culture Docket: Judge Elrod On 'Jury Duty'

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    Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

  • 4 Business-Building Strategies For Introvert Attorneys

    Excerpt from Practical Guidance
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    Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.

  • What Calif. Pot Permit Ruling Means For Enviro Compliance

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    While a California appeals court's recent decision in Lucas v. City of Pomona affirms the city's use of a statutory exemption for its commercial cannabis overlay permit program, the ruling does not mean that all applicants seeking similar approvals are exempted from state environmental compliance obligations, say Whitney Hodges and Barbara Machado at Sheppard Mullin.

  • Opinion

    3 Ways Justices' Disclosure Defenses Miss The Ethical Point

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    The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.

  • Rare Reg A+ Fines Reflect New Era Of SEC Enforcement

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    The U.S. Securities and Exchange Commission's recent announcement of civil penalties against 10 microcap companies for violations of Regulation A+ shows that as the SEC continues to expand its enforcement efforts, its focus remains on protecting investors of all sizes — including those investing in the historically less-scrutinized Reg A+ issuers, say attorneys at Crowell & Moring.

  • Cannabis Plain Packaging Rules: Examples And Opportunities

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    States that have legalized adult-use cannabis in recent years have adopted stringent requirements for product packaging and labeling in an effort to protect minors, and these rules may provide a vehicle for compromise between proponents and opponents of legalization, say attorneys at Troutman Pepper.

  • Caregiver Flexibility Is Crucial For Atty Engagement, Retention

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    As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.

  • Cannabis Consumption Lounges Face Unique Liability Risks

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    As state laws regulating cannabis consumption lounges proliferate, operators must follow certain best practices to effectively address issues like air quality concerns and California Proposition 65 warnings, says Lauren Mendelsohn at the Law Offices of Omar Figueroa.

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