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Cannabis
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February 20, 2024
Tenn. Jury Sides With Cops Over Raids On Legal CBD Shops
A Tennessee federal jury rejected claims that a county and local law enforcement engaged in a conspiracy to violate a CBD shop owner's civil rights by raiding and shuttering his and others' stores, despite allegedly knowing that the products he sold were legal under both state and federal law.
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February 20, 2024
Skipped Hearing Sinks Conn. Pot Store Fight, Court Told
A lawsuit seeking to revoke the approval of a cannabis retail permit in Stamford, Connecticut, cannot proceed because a coalition of anti-pot taxpayers followed the wrong process by skipping a public hearing and suing instead, the city's counsel told a state judge during an oral argument on Tuesday.
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February 20, 2024
Pot Cos. Say They'll Be Ruined Unless Detroit Facility Opens
Four cannabis companies have urged a Michigan federal court to prohibit the city of Detroit from taking any action that would impede their $15 million marijuana processing facility from opening, saying they are "in immediate danger of financial ruin" unless they operate the site as planned.
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February 20, 2024
Pot Shop Says Trade Group CEO Bungled License Bid
The leader of a cannabis industry trade group is being accused in a lawsuit of convincing the owner of a dispensary to invest in what he was promised would be a "guaranteed" license to operate another retail location, only to mishandle the process.
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February 16, 2024
Drugs, Sex, Antisemitism Top Complaint Against Calif. Judge
A California state judge is facing an ethics complaint that accuses him of using a cannabis oil vape pen, pantomiming "something similar to a lap dance" on a woman married to a local public defender and repeatedly calling another public defender an antisemitic slur during a camping trip.
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February 16, 2024
ADA Does Not Protect Medical Pot Use, Vt. Court Says
A Vermont transit worker can't pursue a civil rights lawsuit against his employer who terminated him after he tested positive for marijuana, a Vermont federal judge has ruled, saying the Americans with Disabilities Act doesn't protect people with disabilities treated with medical marijuana.
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February 16, 2024
The Congressman Who Reps Cannabis Reform On Capitol Hill
Rep. Earl Blumenauer speaks to Law360 about the prospects for Congress enacting marijuana reform, why he supports moving cannabis to Schedule III and some of the drug policy triumphs and setbacks in his home state of Oregon.
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February 15, 2024
Colo. Cannabis Co. Says It Was Stiffed On $1.4M Seed Bill
A Colorado-based supplier of feminized cannabis seeds is claiming that an Oregon farming company and the private investment bank that backed it have skipped out on a $1.4 million bill, according to a complaint filed in Boulder County District Court.
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February 15, 2024
What Rescheduling Pot Would Mean For Criminal Justice Reform
While federal drug enforcers mull a recommendation from health regulators to loosen restrictions on marijuana, criminal justice reformers are warning that rescheduling the drug would not realize President Joe Biden's campaign promise to decriminalize marijuana.
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February 15, 2024
8 Men Get Jail Time In $2M Hemp Wine Pump-And-Dump Ploy
Ohio federal prosecutors have announced the convictions of eight men charged with participating in a pump-and-dump scheme meant to boost the Global Resource Energy Inc. stock price, which purportedly planned to offer hemp-infused wine.
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February 14, 2024
Energy Co. Says Tribal Court Being Used To Duck $12M Award
Merit Energy Operations is asking a federal district court to block two Wyoming tribes from using the tribal judicial system to vacate a $12.6 million arbitration award against them, saying the move is a blatant attempt to escape the ultimate result in the case.
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February 14, 2024
SEC Says Bankruptcy Doesn't Stop Crowdfunding Fraud Case
Securities regulators are urging a Michigan federal judge to allow them to press on with their claims against the alleged mastermind behind a $2 million crowdfunding scheme — who has since quietly changed his name and allegedly bilked his attorney — arguing that his recent bankruptcy filing shouldn't pause proceedings.
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February 14, 2024
Hemp Seller's Suit Over Ga. Sheriff's Raid Sent To State Court
A lawsuit alleging a Georgia sheriff illegally seized legal cannabis products from a hemp extract company has been sent back to state court after a district judge said a federal probe into the business did not justify keeping the case in his court.
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February 14, 2024
Juul Gets More Antitrust Claims To Arbitration
A California federal judge has sent two more claims against Juul to arbitration and dismissed a request for an injunction to block Altria's already-unwound investment in the company.
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February 14, 2024
Atty For Ex-Trump Official Accused Of Leaking Deposition
The plaintiff in a federal fraud suit against a former Trump administrative State Department official and a Philadelphia attorney wants the defendants' attorney sanctioned and tossed from the case after the attorney allegedly shared depositions marked confidential with a third-party witness.
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February 14, 2024
Ex-Atty Can't Delay Prison Amid Pot Bribe Appeal, Judge Says
A Boston federal judge on Wednesday shot down a former Massachusetts attorney's request to put off his 24-month prison sentence while appealing his conviction for bribing a local police chief to boost his client's retail cannabis application.
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February 13, 2024
Md. Cannabis Regulators Urge Court Not To Halt Licensure
Maryland's cannabis regulators urged a federal judge to reject an out-of-state entrepreneur's bid to halt the lottery for social equity cannabis licenses on claims it's unconstitutional, saying she doesn't have standing because she didn't actually apply and wouldn't have qualified anyways.
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February 13, 2024
Samsung Echoes LG Chem In Vape Battery Arguments
Samsung told a Houston appellate court Tuesday that it shouldn't be held liable for injuries a man incurred after a lithium-ion battery exploded in his pocket, saying the case fell outside the scope of recent battery explosion cases state courts have been wrangling with, despite making substantially similar arguments to the panel.
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February 13, 2024
Cannabis Site Co. Moves To Ax 'Rambling' Securities Suit
Decentral Life and its licensees asked a Colorado federal judge Monday to toss an investor's "rambling and incomprehensible" securities fraud suit accusing them of making false statements to trick him into investing more than $1.7 million, arguing most of his allegations fail under the federal pleading requirements.
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February 13, 2024
Mass. Attys Welcome New Guardrails On Trial Time Limits
Massachusetts attorneys largely welcomed a recent decision by the state's high court blessing time limits in certain situations in civil trials, citing the ruling's helpful guidance and limitations that will likely make ticking clocks less common in state courts than their federal counterparts.
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February 13, 2024
Ex-Atty Appealing Pot Bribe Conviction Says Prison Can Wait
A former Massachusetts attorney convicted over an alleged cannabis licensing quid pro quo told a Boston federal judge Tuesday that multiple close-call legal issues warrant a delay of his 24-month prison sentence until the First Circuit decides his forthcoming appeal.
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February 13, 2024
Officer Says He Was Denied Work Due To Race, Med. Pot Use
A Connecticut police officer who was injured in training says he was wrongfully denied disability retirement and was unable to secure administrative work after injuring his neck, experiencing discrimination based on his race and ethnicity as well as his physical disability.
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February 13, 2024
Pot Distributor Accuses 'Amazon Of Hemp' Of Breaking Contract
A cannabis distribution company and a family farm are suing online retailer Mood Product Group LLC in North Carolina state court, saying Mood violated a distribution contract and took confidential information in a bid to cut its partners out of the supply chain.
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February 13, 2024
Detroit Judge Staves Off Ethics Charge Over Lying Witness
Michigan's judicial watchdog fully dismissed Monday an ethics complaint against a Detroit judge alleging he facilitated perjury from a confidential informant while he was a prosecutor, though two commissioners said there was evidence to support that he lied about knowing the informant's true motivations.
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February 12, 2024
Tilray Slammed For 'Secret' Bid To Undo Exec's $4M Award
A former Tilray executive accused the company of "cloak-and-dagger" legal maneuvering on Monday as she urged a federal judge to let stand her $4 million arbitration victory against the company, arguing that Tilray didn't even wait for her award to be finalized in Minnesota before running to a Washington court to void it.
Expert Analysis
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Every Lawyer Can Act To Prevent Peer Suicide
Members of the legal industry can help prevent suicide among their colleagues, and better protect their own mental health, by learning the predictors and symptoms of depression among attorneys and knowing when and how to get practical aid to peers in crisis, says Joan Bibelhausen at Minnesota Lawyers Concerned for Lawyers.
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Building On Successful Judicial Assignment Reform In Texas
Prompt action by the Judicial Conference could curtail judge shopping and improve the efficiency and procedural fairness of the federal courts by implementing random districtwide assignment of cases, which has recently proven successful in Texas patent litigation, says Dabney Carr at Troutman Pepper.
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Opinion
Ga. Needs To Resolve Cannabis Counsel Confusion
Georgia’s medical cannabis regulator finally adopted rules for low-THC oil last month, but a 2021 ethics ruling prohibits lawyers from advising participants in the state’s legal program and creates a confounding landscape that the state bar and courts must address, say Whitt Steineker and Mason Kruze at Bradley Arant.
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Opinion
Now Is The Time For Independent Industry Self-Regulation
The high level of trust in business, coupled with the current political and legal landscape, provides an opportunity for companies to play a meaningful role in finding solutions to public policy issues through the exploration of independent industry self-regulation models, says Eric Reicin at BBB National Programs.
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Using International Arb. To Settle Cannabis Industry Disputes
As cannabis legalization continues in the U.S. and other countries, overseas investors and business owners should consider international arbitration for dispute resolution and assess the enforceability of relevant treaties and arbitration provisions, says Ramsey Schultz at Duane Morris.
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Do Videoconferences Establish Jurisdiction With Defendants?
What it means to have minimum contacts in a foreign jurisdiction is changing as people become more accustomed to meeting via video, and defendants’ participation in videoconferencing may be used as a sword or a shield in courts’ personal jurisdiction analysis, says Patrick Hickey at Moye White.
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Opinion
AG's Cannabis Remarks Incongruous With Scheduling Review
Attorney General Merrick Garland’s recent remarks on marijuana policy do not align with the purpose of the scheduling review the president asked him to conduct, and his position would perpetuate the holding pattern that has prevailed for the past decade, says Larry Houck at Hyman Phelps.
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Opinion
Humanism Should Replace Formalism In The Courts
The worrying tendency for judges to say "it's just the law talking, not me" in American decision writing has coincided with an historic decline in respect for the courts, but this trend can be reversed if courts develop understandable legal standards and justify them in human terms, says Connecticut Superior Court Judge Thomas Moukawsher.
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Don't Let Client Demands Erode Law Firm Autonomy
As clients increasingly impose requirements for attorney hiring and retention related to diversity and secondment, law firms must remember their ethical duties, as well as broader issues of lawyer development, culture and firm integrity, to maintain their independence while meaningfully responding to social changes, says Deborah Winokur at Cozen O'Connor.
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Distressed Cannabis Cos. Have A Few Options, With Caveats
As the cannabis industry falls on tough times and a potential recession looms, attorneys should understand the limited restructuring options available to distressed cannabis businesses, absent key bankruptcy protections — and the pitfalls these options may present, say Griffen Thorne and Ethan Minkin at Harris Bricken.
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How Cannabis Cos. Can Comply With NJ Industrial Site Law
As New Jersey’s recreational cannabis market flourishes, manufacturers that may be subject to a state environmental law must take extra precautions to mitigate potential liabilities and costs, including for historical contamination, says Matthew Karmel at Offit Kurman.
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Opinion
Federal Judge's Amici Invitation Is A Good Idea, With Caveats
An Arkansas federal judge’s recent order — inviting amicus briefs in every civil case before him — has merit, but its implementation may raise practical questions about the role of junior attorneys, economic considerations and other issues, says Lawrence Ebner at the Atlantic Legal Foundation.
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Ore. Regulator Liquor Scandal Should Alarm Cannabis Cos.
The agency that regulates Oregon's liquor and cannabis industries is embroiled in a public corruption scandal over liquor diversion practices, and state cannabis companies are feeling the fallout, from application processing delays to a growing risk of prosecution, says Kevin Jacoby at Green Light Law Group.
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9 Years Post-Ritchie, Some Clarity On Texas Fiduciary Duties
The Texas Supreme Court's 2014 Ritchie decision made shareholder conduct harder to police because it rendered some actions unassailable, regardless of the effect on minority owners, but a Texas appellate court's recent opinion in Sohani v. Sunesara provides useful instruction on how to structure an attack on self-dealing, say Robert Wilkins and Kaitlyn Faucett at Lightfoot Franklin.
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Fox Ex-Producer Case Is A Lesson In Joint Representation
A former Fox News producer's allegations that the network's lawyers pressured her to give misleading testimony in Fox's defamation battle with Dominion Voting Systems should remind lawyers representing a nonparty witness that the rules of joint representation apply, says Jared Marx at HWG.