Cannabis

July 01, 2024
Starbucks Targets 'Starbuds' Marijuana Truck In IP Suit

Starbucks has filed a trademark suit against the operator of a repurposed New York City food truck that sells marijuana under the brand Starbuds Flowers and uses an altered image of the coffee giant's iconic siren logo smoking a joint.
July 01, 2024
SD Ban On Modified Hemp Products Allowed To Take Effect

A new South Dakota state law prohibiting the processing of hemp derivatives into intoxicating products was allowed to go into effect Monday after a federal judge declined to grant an injunction halting its enforcement while a constitutional challenge played out.
July 01, 2024
Catching Up With Delaware's Chancery Court

Two multimillion-dollar settlement approvals, a $25 million fee-shifting demand, and a biotech merger spoiled by murder: This was just the beginning of the drama last week in the nation's preeminent court of equity. Shareholders in satellite companies filed new cases, a cannabis company headed toward trial, and there were new developments in old disputes involving Tesla and Truth Social.
July 01, 2024
Judge Won't Block Iowa Hemp Law Regulating THC Limits

An Iowa law that imposes new restrictions on products with hemp-derived THC went into effect Monday after a federal judge, who previously expressed "serious concerns" about the statute's constitutionality, declined to grant a temporary restraining order halting its enforcement.
June 28, 2024
Chevron's End Is Just The Start For Energized Agency Foes

By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys. But for those attorneys, the achievement is merely a means to an end, and experts expect a litigation blitzkrieg to materialize quickly in the aftermath.
June 28, 2024
R.I. Pot Residency Rule Unconstitutional, Fla. Resident Claims

Rhode Island is hogging all the "enormous economic opportunities" associated with retail cannabis for state residents, according to a federal lawsuit filed by a Florida entrepreneur who claims the Ocean State's residency requirement is unconstitutional.
June 28, 2024
Iowa's Hemp Law Could Be 'Unconstitutionally Vague'

A federal judge on Friday suggested she'd consider blocking an Iowa hemp law, set to go into effect Monday, which would impose new restrictions on THC levels and dole out criminal penalties, saying the statute "potentially raises due process concerns."
June 28, 2024
In Chevron Case, Justices Trade One Unknown For Another

The U.S. Supreme Court's decision to overrule a decades-old judicial deference doctrine may cause the "eternal fog of uncertainty" surrounding federal agency actions to dissipate and level the playing field in challenges of government policies, but lawyers warn it raises new questions over what rules courts must follow and how judges will implement them.
June 28, 2024
Conn. Court Shouldn't Hear Anti-Dispensary Appeal, City Says

A Connecticut appeals court should not hear a case brought by an anti-cannabis organization in Stamford that is trying to undo a court-approved settlement that allowed for the opening of a dispensary, the city's Zoning Board has argued.
June 28, 2024
Chancery Court, Not Accountant, To Resolve Curaleaf Dispute

A post-merger dispute between cannabis dispensary giant Curaleaf and the former owner of a multistate cannabis operation it acquired in 2022 must be resolved by Delaware's Court of Chancery and not an independent accountant, the court's chancellor said Friday.
June 28, 2024
Buttigieg Says Rescheduling Pot Would Not Alter DOT Policy

If the U.S. Department of Justice were to loosen federal restrictions on marijuana as it has proposed, it would not affect the U.S. Department of Transportation's authority to screen for the drug, Transportation Secretary Pete Buttigieg told members of Congress.
June 28, 2024
Nationwide Cert. Rejected In Suit Over Stolen Curaleaf Tips

An Illinois federal judge conditionally certified a class of Curaleaf hourly employees in Illinois, Arizona and Massachusetts, but denied a bid to certify a nationwide class of all Curaleaf hourly employees "based on pure speculation," in a suit alleging managers at its cannabis dispensary locations around the country stole the contents of tip jars.
June 28, 2024
IRS Reminds Marijuana Businesses They Can't Get Tax Breaks

The Internal Revenue Service sought to remind taxpayers Friday that businesses selling marijuana, even in states where it's legal, are not entitled to federal tax deductions, saying some taxpayers are filing invalid claims for refunds through amended returns.
June 28, 2024
High Court Enters July With 3 Rulings To Go

In a rare move, the U.S. Supreme Court will issue opinions into the beginning of July as the court tries to clear its merits docket of three remaining cases dealing with presidential immunity, whether governments can control social media platforms' content moderation policies and the appropriate deadline to challenge agency action.
June 28, 2024
Supreme Court Strikes Down Chevron Deference

The U.S. Supreme Court on Friday overturned a decades-old precedent that instructed judges about when they could defer to federal agencies' interpretations of law in rulemaking, depriving courts of a commonly used analytic tool and leaving lots of questions about what comes next.
June 27, 2024
Roche Freedman, Ousted Ex-Partner Settle Ahead Of July Trial

The law firm formerly known as Roche Freedman LLP and ousted partner Jason Cyrulnik informed a New York federal judge Thursday they've cut a confidential deal to resolve their contentious legal battle over Cyrulnik's departure, ending the litigation weeks before the case was set to go to a jury trial.
June 27, 2024
CBD Cos. Say Iowa Hemp Law Could Destroy State Industry

A slew of hemp retailers, farmers, manufacturers and distributors urged a federal judge to block a law allowing the state to impose new rules over the hemp industry, set to go into effect Monday, saying the regulations would wipe out "the entire consumable hemp industry in Iowa."
June 27, 2024
NY Regulators Say Pot Companies' Bid Would Ruin Industry

New York's cannabis authority has urged a state court to toss a lawsuit seeking to invalidate hundreds of retail permits over claims that the agency gave special treatment to certain applicants, arguing that granting such a request would be "financially ruinous" for many and detrimental to the "emerging retail cannabis industry."
June 27, 2024
SD State's Atty Agrees Not To Enforce Hemp Law

A South Dakota hemp company challenging a new state ban on the processing of hemp derivatives into intoxicating products has agreed to drop its claims against a local state's attorney in exchange for her agreement not to enforce the policy while the lawsuit plays out.
June 27, 2024
Cannabis Co. Settles Lender Suit After Regulator Delays

Troubled cannabis company Parallel settled a suit with three lenders who alleged a "self-dealing scheme" within the company after spending about a year trying to finalize the agreement and clear regulatory hurdles in various states.
June 26, 2024
Gas Co. Settles Fired Hemp User's Disability Bias Suit

An industrial gas manufacturer agreed to settle a worker's suit previously revived by the Sixth Circuit claiming he was illegally fired after he tested positive for marijuana, results that he said were false and derived from his use of legal hemp to treat pain following cancer surgery.
June 26, 2024
Calif. Investors Drop Fraud Suit Against Cannabis Group

Three Southern California businessmen who claim to have invested $9.1 million into a cannabis operation only to see no returns have pulled back their lawsuit against the company before it had a chance to answer.
June 26, 2024
Disabled Patients Can't Access Psilocybin, Ore. Suit Claims

A group of psilocybin facilitators are suing the Oregon Health Authority in federal court, alleging that the state's treatment program's refusal to let them administer the drug in places other than specific service centers violates the Americans with Disabilities Act.
June 26, 2024
Akerman Adds Foley Hoag Corporate Atty In DC

Akerman hired a competition counsel from Foley Hoag LLP in Washington who spent the past four and half years representing clients in a range of antitrust matters.
June 25, 2024
Medical Marijuana Bill Sent To NC House After Senate Sign-Off

The North Carolina Senate has approved a bill that would legalize medical marijuana statewide as part of larger legislation boosting hemp regulations and outlawing the use of three other drugs in the Tar Heel state.

Expert Analysis

State Regs Sow Discord Between Cannabis, Hemp Industries

Connecticut, Maryland and Washington are the latest states choosing to require intoxicating hemp products to comply with the states' recreational marijuana laws, resulting in a widening rift between cannabis and hemp as Congress works on crafting new hemp legislation within the upcoming 2023 Farm Bill, say attorneys at Wilson Elser.
Series

Playing In A Rock Cover Band Makes Me A Better Lawyer

Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
Series

The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
Opinion

Newman Suspension Shows Need For Judicial Reform

The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
Landmark Ark. Ruling Is Welcome News For Hemp Industry

An Arkansas federal court's recent ruling in Bio Gen v. Sanders creates a road map for plaintiffs to attack state laws that restrict hemp, making it one of the most important cases to date addressing the 2018 Farm Bill and state laws regarding hemp, says Rod Kight at Kight Law.
Series

ESG Around The World: Japan

Japan is witnessing rapid developments in environmental, social and corporate governance policies by making efforts to adopt a soft law approach, which has been effective in encouraging companies to embrace ESG practices and address the diversity of boards of directors, say Akira Karasawa and Landry Guesdon at Iwata Godo.
How And Why Your Firm Should Implement Fixed-Fee Billing

Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.
New Calif. Hemp, CBD Rules Affect Nationwide Compliance

Because of its huge market share, it is imperative that operators in every state understand the nuances of California's hemp and CBD regulatory regime, including policies refined over the past year and pending legislation that would allow cannabis licensees to sell, manufacture and distribute hemp and CBD products, say Alexis Lazzeri and Meital Manzuri at Manzuri Law.
Opinion

Judicial Independence Needs Defense Amid Political Threats

Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.
How Law Firms Can Use Account-Based Marketing Strategies

Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.
Why Bankruptcy Is A Budding Alternative For Cannabis Cos.

A set of recent decisions from a California bankruptcy court regarding The Hacienda Co. signal a retreat from a zero-tolerance policy requiring dismissal of any bankruptcy case involving a cannabis-related business, and show why cannabis companies could benefit from having full access to the bankruptcy system, say George Singer and Rachel Gillette at Holland & Hart.
Potential Outcomes Of High Court Gun Sentencing Case

In Brown v. U.S., the U.S. Supreme Court will decide the standard that triggers minimum sentencing enhancements for previously convicted people facing new gun charges, thus resolving a deepening circuit split and potentially alleviating some sentencing disparities, says attorney Sami Azhari.
Strategic Succession Planning At Law Firms Is Crucial

Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.
What An NCAA Drug Test Change Could Mean For Cannabis

If the NCAA follows through with its decision to remove cannabis from its banned list of substances, it will affect college athletes, athletic directors, public relations employees, and marketing departments at universities and colleges, and it will have a significant economic effect on the cannabis industry, say Stanley Jutkowitz and Sydney Jenkins at Seyfarth.
What Marijuana Status Change Would Mean For Industry

If the Drug Enforcement Administration accepts the U.S. Department of Health and Human Services’ recent recommendation to change marijuana’s classification under federal law, it would be a significant regulatory shift that could foster many industry benefits — but questions, risks and uncertainties at both the state and federal levels would remain, say attorneys at Neal Gerber.