Cannabis

  • June 07, 2024

    'Why Are You Even Here?' Judge Prods Big Tobacco

    A Washington state appellate panel on Friday criticized Philip Morris USA Inc. and other tobacco companies for attempting to pay the state less under a 1998 master settlement agreement, with one judge asking a Big Tobacco attorney why they were in court in the first place.

  • June 07, 2024

    Scotts Miracle-Gro Hit With Suit Over Sales Channel 'Stuffing'

    A pension plan investor of Scotts Miracle-Gro has filed a class action suit against the lawn and garden care company and several former and current executives, alleging they misled investors about the company's inventory levels, debt covenant compliance and financials.

  • June 07, 2024

    Ex-Mass. Town Official Charged With Defrauding Pot Investors

    A former elected official in a Massachusetts town has been charged with raising nearly $500,000 from investors in two cannabis businesses he was starting, then using the funds to pay off debts from prior businesses, federal prosecutors announced Friday.

  • June 07, 2024

    6th Circ. Sides With Hemp Co. In CVS Deal Commission Row

    The Sixth Circuit has sided with hemp producers operating under Ecofibre Ltd. in a dispute with a group of businesses that sought commissions for linking the hemp companies with CVS, saying the businesses' prior concessions at the trial court dooms their new arguments on appeal.

  • June 06, 2024

    Edibles Co. Says Judge Should Revive 'Confusing' RFID Case

    A Colorado cannabis edibles company has asked a state judge to reconsider his decision to dismiss its suit against the state Marijuana Enforcement Division, arguing that its suit isn't about challenging a rule itself but how a top MED official interpreted the rule.

  • June 06, 2024

    In 13-Year Trademark Fight, Chicago Judge Says No More

    A Chicago federal judge brought to a close a trademark fight between two vaping companies surrounding the phrase "21st Century Smoking" that has stretched on for over a decade and led to millions of dollars in sanctions over thousands of deleted emails and long-hidden documents.

  • June 06, 2024

    FDA Urges High Court To Hear 5th Circ. Flavored E-Cig Case

    The U.S. Food and Drug Administration is asking the U.S. Supreme Court to grant its petition for a review of an en banc Fifth Circuit decision overturning its denial of a flavored e-cigarette marketing application, saying this case provides a better vehicle to decide the issues than other petitions at the high court.

  • June 06, 2024

    Mass. Pot Regulators Hear Pleas To Address Islands' Shortage

    Massachusetts cannabis regulators on Thursday acknowledged they have "some work to do" during a meeting and listening session on Martha's Vineyard, where enforcement of a federal ban on transporting the drug over water is wreaking havoc on the island's supply chain.

  • June 05, 2024

    Cannabis Co. Protests $4M Award, Asserting Arbitrator Error

    Cannabis company Neptune Wellness Solutions Inc. urged a New York federal court Tuesday to upend a nearly $4 million arbitration award to an entrepreneur whose business merged with the Canadian company, asserting that the winnings, specifically attorney fees, should have been reduced by 98%.

  • June 05, 2024

    Samsung Escapes Illinois Suit Over Exploding Vape Battery

    An Illinois state appeals court has freed South Korea-based Samsung SDI Co. Ltd. from a suit alleging it sold a lithium-ion battery that exploded in a man's pocket, finding the man failed to provide any evidence that the company directed its wares at Illinois.

  • June 05, 2024

    NY Cannabis Head Looks Ahead Following Critical Audit

    The chair of New York's cannabis regulatory body told stakeholders Wednesday at a marijuana business expo that the agency was working to streamline its operations following an investigative audit ordered by the governor's office that blasted the office for inefficiencies.

  • June 05, 2024

    Santa Barbara Gets Bulk Of Pot Farm Raid Suit Tossed

    A California federal judge has thrown out the bulk of a cannabis farmer's suit alleging that members of the Santa Barbara County Sheriff's Office illegally raided his farm and destroyed his property, leaving only a judicial deception claim to go forward.

  • June 04, 2024

    FDA Advisers Rebuff Bid To Treat PTSD With MDMA

    A panel of public health experts on Tuesday dealt a blow to a historic effort to regulate MDMA therapy for post-traumatic stress disorder, saying although the positive effects shown in clinical trials are promising, the proposal was hindered by too many confounding factors.

  • June 04, 2024

    Recreational Marijuana To Be On SD Ballot For 3rd Time

    Recreational marijuana advocates have successfully put a measure on South Dakota's November ballot, giving state voters a third shot at legalizing the drug just two years after they declined to do so.  

  • June 04, 2024

    Vape Distributors Push To Exit NYC E-Cigarette Suit

    Two groups of e-cigarette distributors are urging a New York state court to toss claims from New York City alleging they're violating city laws by selling flavored e-cigarettes, saying that the law in question only applies to retail sales, not distributor-to-distributor sales.

  • June 04, 2024

    NM Cannabis Co. Says Insurers Can't Toss Medical Weed Row

    A group of insurers can't escape a proposed class action demanding they cover medical marijuana costs, a cannabis company and several of its patients said, telling a New Mexico federal court that medical cannabis is a medically necessary behavioral health service that must be covered.

  • June 03, 2024

    GAO Urges DEA To Streamline Religious Drug Use Requests

    The U.S. Government Accountability Office said in a new report that the nation's drug enforcement agency needs to be more transparent about its process for reviewing religious exemption requests from churches that use controlled substances as sacraments.

  • June 03, 2024

    Missouri Judge OKs Cannabis Tax By Both City And County

    Both a city in Missouri and the county that surrounds it can collect a tax on marijuana dispensaries, a state circuit judge found.

  • June 03, 2024

    Court Tosses Challenge To Wash. Pot Licensure Plan

    A Washington federal judge has tossed a challenge to the residency restrictions of the state's cannabis social equity program, saying that the dormant commerce clause argument advanced by an out-of-state litigant is unpersuasive since pot is federally illegal.

  • June 03, 2024

    Catching Up With Delaware's Chancery Court

    Delaware's Court of Chancery pushed out tons of decisions last week, along with a second round of new rules and letters of concern over pending changes to the state's corporate law code. The court's docket was as busy as ever, with new cases involving Tesla CEO Elon Musk, FTX cryptocurrency claims, and more. In case you missed it, here's the latest from Delaware's Chancery Court.

  • June 03, 2024

    Ex-Conn. Dispensary Supervisor Drops Transgender Bias Suit

    A former supervisor at a Branford, Connecticut, cannabis dispensary has withdrawn her claims that her colleagues targeted her for being transgender and tried to get her in trouble at work by falsely claiming she was high on the job, targeting that allegedly led to her termination.

  • June 03, 2024

    Calif. Justices Free Woman From Misdemeanor Pot Charges

    The California Supreme Court has thrown out misdemeanor cannabis-related charges against an 85-year-old woman, finding the trial court was within its discretion to consider her lack of knowledge of the unlicensed operation happening in her building.

  • June 01, 2024

    Blockbuster Summer: 10 Big Issues Justices Still Must Decide

    As the calendar flips over to June, the U.S. Supreme Court still has heaps of cases to decide on issues ranging from trademark registration rules to judicial deference and presidential immunity. Here, Law360 looks at 10 of the most important topics the court has yet to decide.

  • May 31, 2024

    Vape Co. Can't Toss Breeze Smoke's Claims In IP Row

    An Illinois federal judge has rejected vape pen maker Midwest Goods' bid to throw out counterclaims that it infringed competitor Breeze Smoke's trade dress and a design patent, while also denying a bid from Breeze Smoke for a preliminary injunction.

  • May 31, 2024

    DC Circ. Judge Ponders NLRB Jurisdiction Over 'Criminal' Biz

    The D.C. Circuit determined that the National Labor Relations Board lacked enough evidence to find a cannabis company illegally fired a pro-union employee, with one judge questioning the board's jurisdiction over a "criminal enterprise."

Expert Analysis

  • Don't Use The Same Template For Every Client Alert

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    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

  • Drafting Calif. Cannabis Management Services Agreements

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    Meital Manzuri and Alexis Lazzeri at Manzuri Law explore the ways in which management services agreements function in the California commercial cannabis industry, and highlight a few specific terms and conditions that are crucial when drafting these agreements.

  • Series

    Walking With My Dog Makes Me A Better Lawyer

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    Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

  • Think Like A Lawyer: Follow The Iron Rule Of Trial Logic

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    Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.

  • The Art Of Asking: Leveraging Your Contacts For Referrals

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    Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.

  • Wave Of Final Rules Reflects Race Against CRA Deadline

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    The flurry of final rules now leaping off the Federal Register press — some of which will affect entire industries and millions of Americans — shows President Joe Biden's determination to protect his regulatory legacy from reversal by the next Congress, given the impending statutory look-back period under the Congressional Review Act, say attorneys at Jenner & Block.

  • Series

    Being An Equestrian Makes Me A Better Lawyer

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    Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

  • 4 Ways To Refresh Your Law Firm's Marketing Strategy

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    With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • Cannabis Ruling Lights Path For Bankruptcy Protection

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    A recent Massachusetts bankruptcy appellate court ruling in Blumsack v. Harrington leaves the door open for those employed in the cannabis industry to seek bankruptcy relief where certain conditions are met, but rescheduling marijuana as a Schedule III drug may complicate matters, say Jane Haviland and Kathryn Droumbakis at Mintz.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • Considerations For Evaluating IP Risks In Cannabis M&A

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    Due to the patchwork of state cannabis laws in the U.S., investors and businesses acquiring intellectual property must assess whether a trademark portfolio possesses any vulnerabilities, such as marks that are considered attractive to children or third-party claims of trademark infringement, say Mary Shapiro and Nicole Katsin at Evoke Law.

  • 9th Circ. TM Ruling Expands Courts' Role In Application Cases

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    The Ninth Circuit’s recent ruling in BBK Tobacco v. Central Coast Agriculture is the first time a federal appeals court has explicitly authorized district courts to adjudicate pending trademark applications, marking a potentially significant expansion of federal courts' power, says Saul Cohen at Kelly IP.

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