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Cannabis
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April 10, 2024
Pot Cos. Say California City Reneged On Fee Waiver Promise
Six cannabis companies are suing the city of Cudahy in California federal court, saying the city breached its contracts by refusing to waive fees accrued during national emergencies and city-caused delays, costing the companies more than $26 million in damages.
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April 10, 2024
Electrical Workers Union Sues LIRR Over Cannabis Firing
The union that represents Long Island Rail Road workers is suing the commuter railroad for firing an employee who had been with it for 25 years after he allegedly tested positive for marijuana when returning to work after being treated for cancer.
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April 09, 2024
9th Circ. Open To Reviving Calif. Cannabis Abatement Fight
A Ninth Circuit panel on Tuesday appeared open to reviving a proposed class action alleging that Humboldt County's abatement fines for unlicensed cannabis growing structures is an unconstitutional "dragnet scheme," with two judges suggesting the magistrate judge inappropriately resolved material factual disputes against the property owners at the pleading stage.
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April 09, 2024
Pot Distributor Can't Restrain Hemp Co. Amid Contract Dispute
A cannabis distribution company and a family farm lost an early bid to stop online retailer Mood Product Group LLC from allegedly using their trade secrets to solicit suppliers, with a North Carolina Business Court judge finding the pair are unlikely to succeed on their claims.
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April 09, 2024
Maryland Legislature Sends Kratom Bill To Governor
Maryland will become the 13th state to pass a Kratom consumer protection act into law, if Gov. Wes Moore signs the bill that the state Legislature sent to his desk.
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April 09, 2024
Tribal Co. Says Calif. DA Shouldn't Escape Greenhouse Fight
A Native American-owned corporation is asking a California federal court not to throw out its suit aiming to block the San Bernardino District Attorney's Office from destroying its greenhouses, saying federal abstention isn't proper because the state proceeding the DA references is against a different party.
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April 08, 2024
Software Licensees Say Investor Suit Doesn't Plead Fraud
Decentral Life Inc. and a group of its licensees, including a cannabis social media site, are urging a Colorado federal court to throw out an investor's suit alleging that they tricked him into investing more than $1.7 million, saying his claims are too vague and fail to show how they deceived him.
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April 08, 2024
Feds Say Cannabis Cos. Can't Challenge CSA Pot Ban
The U.S. government is urging a Massachusetts federal court to throw out a suit by several cannabis companies alleging the ban on cannabis under the Controlled Substances Act is unconstitutional, saying they don't have standing to sue because their activities aren't being prosecuted.
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April 08, 2024
Cannabis Co. Says DEA Administrative Procedure Is Illegal
A Rhode Island cannabis company sued the U.S. Department of Justice and the Drug Enforcement Administration claiming the agency is subjecting it to an illegal proceeding before an administrative judge.
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April 05, 2024
NJ Smoking Law Violates Casino Workers' Rights, UAW Says
A law preventing smoking in certain indoor workspaces violates New Jersey's Constitution by excluding casino workers, the United Auto Workers alleged Friday in a state court suit against the governor and state health department commissioner.
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April 05, 2024
Mo. High Court Affirms Co.'s Medical Pot License Denial
The Missouri Supreme Court affirmed the denial of a company's application for a medical marijuana cultivation facility license, finding that its submission missed the mark by not including a certificate of good standing from the secretary of state.
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April 05, 2024
Calif. Judge Faces Two New Ethics Charges
A California state judge facing a plethora of ethics charges is now facing additional allegations related to his participation in an online debate and comments he made during a court hearing.
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April 05, 2024
Calif. Cannabis Delivery Workers Vote To Authorize Strike
California cannabis delivery company Eaze Technologies and its subsidiary Stachs LLC face a possible work stoppage just ahead of the April 20 weekend, after the union representing drivers announced they have rejected the companies' contract proposal and secured strike authorization from its members.
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April 04, 2024
After Voiding 'All Agency Regs' On Pot, NY Judge Backtracks
After a New York state judge voided such a wide swath of rules governing the state's nascent recreational marijuana market that a state senator said the ruling effectively threw "out all agency regulations," the court on Thursday issued a narrower order that nullifies only certain marketing restrictions.
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April 04, 2024
Hawaii Cannabis Legalization Bill Dies In State House
An effort to legalize adult-use marijuana in Hawaii is effectively dead for this legislative session after Democrats in the state House of Representatives announced they would not deliberate any further on a proposal that had already cleared the state Senate this year.
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April 04, 2024
NYC Sues 11 Vape Shops Over Sales Of Flavored E-Cigarettes
The city of New York on Thursday sued 11 e-cigarette wholesalers, saying they're in violation of both city and federal regulations by selling disposable, flavored vapes, which the city said are responsible for a boom of youth vape use.
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April 04, 2024
Feds Take $5.7M Worth Of Ore. Properties Used To Grow Pot
Federal prosecutors in Oregon say they have finalized asset forfeiture proceedings against 14 properties, together worth $5.7 million, used to cultivate marijuana that was transported and sold in states where the drug remains illegal.
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April 03, 2024
Fla. Magistrate Nixes Recusal Bid In CBD Co. Securities Suit
A Florida federal magistrate judge has shot down an effort to have her disqualified from a securities fraud case against a CBD company for remarks she allegedly made during a March settlement conference, saying the plaintiffs' arguments in favor of recusal were "legally insufficient" to establish bias.
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April 03, 2024
Philly Injection Site Org. Isn't Religious, Judge Rules
A Pennsylvania federal judge on Wednesday ruled that an overdose prevention organization planning to open a supervised safe-injection site in Philadelphia is not a religious entity, delivering a win to the U.S. Department of Justice, which opposed the site.
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April 03, 2024
Anheuser-Busch 'Choking Off' Beer Supply, Distributor Says
A New York beer distributor accused Anheuser-Busch InBev of slowly cutting off its supply using force that could only be exerted by such a "corporate behemoth," according to a suit filed in Manhattan federal court.
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April 03, 2024
Cannabis Cos. Agree To Proposed Deal In Workers' Wage Suit
A New Mexico federal judge has given preliminary approval to a $525,000 deal that would end a cannabis-employee-led lawsuit accusing dispensary owners of taking a large portion of tips meant for retail workers and giving them to store managers and supervisors.
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April 02, 2024
Bong Maker Says Texas Company Is Ripping Off Its Trademark
A California-based bong maker says a Texas company used its registered trademarks on phony water pipes, telling a federal court Monday that the counterfeit marks leave customers confused and are causing the brand's reputation to go up in smoke.
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April 02, 2024
9th Circ. Urged Not To Create Dormant Commerce Split On Pot
A Michigan resident and a California lawyer vying for one of Washington state's social equity cannabis licenses are urging the Ninth Circuit not to create a circuit split and to find that regulators' licensing scheme unconstitutionally discriminates against out-of-state players.
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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.
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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.
Expert Analysis
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Employer Drug-Testing Policies Must Evolve With State Law
As multistate employers face ongoing challenges in drafting consistent marijuana testing policies due to the evolving patchwork of state laws, they should note some emerging patterns among local and state statutes to ensure compliance in different jurisdictions, say attorneys at Troutman Pepper.
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Blunders That Made 'Bakked' Cannabis TM Go Up In Smoke
The Trademark Trial and Appeal Board’s recent denial of National Concessions Group’s application to register the mark “BAKKED” illustrates mistakes that cannabis companies must be wary of in pursuing federal registration as examiners may look beyond the four corners of an application, say attorneys at Seyfarth.
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Level Up Lawyers' Business Development With Gamification
With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.
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Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled
In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.
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Series
NY Banking Brief: All The Notable Compliance Updates In Q2
Among the most significant developments from last quarter, New York regulators and policymakers focused on advancing changes to the supervisory framework for banks after the failure of Signature Bank and continued efforts to keep the Empire State at the forefront of digital asset industry regulation, says Will Giles at Cravath.
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NY, NJ Regs Give Clarity To Cannabis Investors, Ancillaries
Proposed laws and regulations in New York and New Jersey would clarify some previously murky legal waters, thus expanding the ability of investors, lenders and ancillary service providers to work with marijuana business in these states, say David Waxman and Heidi Urness at McGlinchey Stafford.
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5 Ways Firms Can Rethink Office Design In A Hybrid World
As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.
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New Law Will Upend Washington's CBD Industry
Though many questions remain on a Washington law set to go into effect this month that will require retailers to obtain licensure to sell federally legal CBD, the statute’s economic impacts are sure to be enormous, says Jack Scrantom at Harris Bricken.
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Opinion
Bar Score Is Best Hiring Metric Post-Affirmative Action
After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.
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FDA Trends Show Compliance Priorities For Supplement Cos.
Several recent developments at the U.S. Food and Drug Administration affecting dietary supplements provide practical insight into why companies should focus their compliance and risk management operations on the fundamentals, says Nicholas Diamond at Jackson Walker.
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Ghosting In BigLaw: How To Come Back From Lack Of Feedback
Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.
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Novel NLRB Action Highlights Aggressive Noncompete Stance
While a first-of-its-kind noncompete complaint filed by the National Labor Relations Board general counsel against a Michigan cannabis processor recently resulted in a private settlement, the action shows how broadly the general counsel views her authority over such covenants and how vigorously she intends to exercise it, say Erik Weibust and Erin Schaefer at Epstein Becker.
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Steps To Success For Senior Associates
Excerpt from Practical Guidance
Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.
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Cannabis Seed Importation Carries CBP Enforcement Risks
Though cannabis seed importation may be arguably legal, potential importers — such the recent MMJ-Global Cannabis partnership to bring cannabis THC products into the U.S. — risk action from U.S. Customs and Border Protection until the agency issues an official ruling on cannabis seed admissibility, say Adams Lee and Vince Sliwoski at Harris Bricken.
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Legal Profession Must Do More For Lawyers With Disabilities
At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.