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Cannabis
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October 30, 2024
Pot Co. Cookies Sued Over Breach Of Settlement Agreement
A licensee of the Cookies brand of cannabis products is suing the parent company and its affiliates in Los Angeles court, alleging they have breached a recent settlement agreement by refusing to pay for the licensee's remaining Cookies-branded products.
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October 29, 2024
Pot Co. Neighbor Says He's Not Responsible for Transient Fire
A property owner is looking to dismiss a cannabis company's lawsuit accusing him of allowing a transient person to spark a fire that destroyed $3.8 million of cannabis, saying landlords don't have to protect their neighbors from third parties.
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October 29, 2024
NY Judge Says Law Sealing Illicit Pot Shops Unconstitutional
A New York state judge ruled Tuesday that a newly enacted New York City law empowering municipal officials to shut down stores selling unlicensed marijuana products is unconstitutional.
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October 29, 2024
Defunct Pot Co. CEO Says 'Grifter' Is Trying To Stop Settlement
The founder of a defunct marijuana greenhouse claims the $1.5 million settlement it made with a class of investors has been stymied in unrelated legal action filed by a "sophisticated grifter" looking for personal gain, urging a Colorado federal judge to push aside the bankruptcy action.
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October 29, 2024
Pa. DA Says ATF's Pot Patients Ban Doesn't Fit With Bruen
A Pennsylvania district attorney is urging a federal judge not to throw out his suit challenging a Bureau of Alcohol, Tobacco, Firearms and Explosives policy blocking medical cannabis patients from buying or owning firearms, saying the U.S. Supreme Court's recent precedent preempts the restriction.
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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.
Expert Analysis
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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The Licensure Landscape For Psychedelics Manufacturers
As the need for bulk manufacturing of psychedelic substances grows, organizations aiming to support clinical trials or become commercial suppliers must navigate a rigorous and multifaceted journey to obtaining a license from the U.S. Drug Enforcement Administration, say Kimberly Chew at Husch Blackwell and Jaime Dwight at Promega Corp.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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Bankruptcy Courts May Be Budding Open To Cannabis Cases
Two recent California bankruptcy court rulings, denying motions to dismiss the respective debtors' bankruptcies, provide persuasive authority to allow cannabis debtors the protections of federal bankruptcy law, say Noah Weingarten and Bethany Simmons at Loeb & Loeb.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Can Chapter 15 Bankruptcy Help Cannabis Businesses?
Attorneys at Fox Rothschild consider whether Chapter 15 may be used as a tool to liquidate U.S. assets of cannabis companies in foreign bankruptcy proceedings, and look at the statutory provisions that may have a bearing on the successful liquidation of assets under the Bankruptcy Code.
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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.