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Cannabis
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July 05, 2024
Scotts Miracle-Gro Investor Sues Board Over Inventory 'Flood'
Scotts Miracle-Gro Co. executives "repeatedly and consistently obfuscated the truth" about excess inventory as the company pushed the extra products on its distributors, according to a new investor suit.
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July 05, 2024
DOJ Says Ayahuasca Church Doesn't Deserve $2.2M Fees
The U.S. government is urging an Arizona federal judge to deny a Phoenix church's request for $2.2 million in fees and costs following a settlement allowing it to use ayahuasca in its religious practices, saying no fees are warranted for an unnecessary suit that would've reached the same resolution through normal processes.
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July 03, 2024
NYC Seeks Court Order Barring Flavored Vape Sales
New York City wants a state court to temporarily block nearly a dozen vape wholesalers from selling their flavored products in the five boroughs, and has accused the companies in a preliminary injunction request of "flooding the city" with illicit products that are harming young people.
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July 03, 2024
Canadian IPO Market Remained Largely 'Deserted' In First Half
Only 12 companies completed initial public offerings on Canadian exchanges in the first half of 2024 — half of which were actual operating businesses — continuing a multiyear decline in new listings for Canada, new data shows.
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July 03, 2024
Cannabis Cos. To Take Constitutional Challenge To 1st Circ.
A group of cannabis businesses challenging the federal prohibition on marijuana gave notice of appeal Wednesday to the First Circuit Court of Appeals.
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July 03, 2024
Juul License Voids Vape Royalties For Altria, Reynolds Argues
R.J. Reynolds Vapor Co. said it shouldn't have to pay royalties to the parent company of Philip Morris for a pod-style vape it was found to have infringed in a $95 million patent verdict nearly two years ago, pointing to a recent licensing deal it signed with Juul.
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July 03, 2024
Mich. Justices Skip Dinsmore Ex-Client's Malpractice Appeal
Michigan's top court won't review a ruling dismissing a cannabis company's lawsuit against Dinsmore & Shohl LLP that alleged the firm reneged on an agreement to help the company apply for a dispensary license hours before the paperwork was due.
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July 03, 2024
After Chevron Deference: What Lawyers Need To Know
This term, the U.S. Supreme Court overturned Chevron deference, a precedent established 40 years ago that said when judges could defer to federal agencies' interpretations of law in rulemaking. Here, catch up with Law360's coverage of what is likely to happen next.
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July 02, 2024
Mike Huckabee Says Meta Hosted Fake CBD Gummy Ads
Former Arkansas Gov. Mike Huckabee says Meta Platforms Inc. has been allowing and hosting advertisements that falsely portray him promoting CBD gummies, leading to people falsely associating him with the CBD industry and marijuana use, according to a suit filed Monday in Delaware federal court.
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July 02, 2024
FilmOn Founder Must Pay $900M In Sexual Battery Verdict
Alki David, founder of FilmOn and heir to a Coca-Cola bottling fortune already facing more than $80 million in judgments related to sexual battery or sexual assault lawsuits, was ordered by a Los Angeles jury to pay a staggering $900 million to a former employee who accused him of raping her, according to documents posted in the case Tuesday.
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July 02, 2024
Cannabis Equity Licensee Says Rapper Burned Him In Deal
The holder of a Massachusetts social equity cannabis license says several entities affiliated with a marijuana brand created by hip hop artist Berner are trying to stiff him out of $2 million they agreed to pay for a stake in his Worcester dispensary, while still trying to assert control over it.
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July 02, 2024
Justices Order Post-Rahimi Review For Felon Gun Ban
The U.S. Supreme Court on Tuesday ordered lower courts to review a series of cases that challenged as unconstitutional federal gun restrictions, including those for felons and drug users, in light of its ruling this term that allowed bans for domestic abusers.
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July 02, 2024
High Court Agrees To Review FDA's Flavored E-Cig Denial
The U.S. Supreme Court on Tuesday granted the U.S. Food and Drug Administration's petition to review a Fifth Circuit decision overturning its denial of a flavored e-cigarette marketing application.
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July 01, 2024
Court Tosses Constitutional Challenge To Pot Prohibition
A Massachusetts federal judge on Monday granted the U.S. Department of Justice's bid to dismiss a constitutional challenge to federal marijuana prohibition, delivering a blow to an effort brought by a group of cannabis companies represented by litigator David Boies.
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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.
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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.
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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.
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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.
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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.
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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.
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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."
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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.
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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.
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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.
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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.
Expert Analysis
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To Hire And Keep Top Talent, Think Beyond Compensation
Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.
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Perspectives
More States Should Join Effort To Close Legal Services Gap
Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.
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Identifying Trends And Tips In Litigation Financing Disclosure
Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.
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What's Next For Adult-Use Marijuana In Ohio
After Ohio voters defeated a proposal that would have made it harder to pass any citizen-initiated constitutional amendment, a state ballot measure to legalize adult-use marijuana has fairly good chances of passing — but advocates still face a long road ahead, say Perry Salzhauer and David Waxman at McGlinchey Stafford.
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2023 Farm Bill Could Follow Md., Minn. Or NY's Lead On Hemp
As potential changes to federal hemp policy are hammered out in the 2023 Farm Bill, lawmakers may look to recent regulations promulgated in Maryland, Minnesota and New York, which provide several possible regulatory frameworks for hemp and synthetic cannabinoids, say Seth Gitner and Jonathan Havens at Saul Ewing.
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What's Notable In Connecticut's New Cannabis Laws
The Connecticut Legislature recently passed four bills containing cannabis provisions — ranging from applicable tax credits to labor agreement requirements — that may prove to be a mixed bag for state operators, say Sarah Westby and Deanna McWeeney at Shipman & Goodwin.
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Series
The Pop Culture Docket: Judge Elrod On 'Jury Duty'
Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.
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4 Business-Building Strategies For Introvert Attorneys
Excerpt from Practical Guidance
Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.
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What Calif. Pot Permit Ruling Means For Enviro Compliance
While a California appeals court's recent decision in Lucas v. City of Pomona affirms the city's use of a statutory exemption for its commercial cannabis overlay permit program, the ruling does not mean that all applicants seeking similar approvals are exempted from state environmental compliance obligations, say Whitney Hodges and Barbara Machado at Sheppard Mullin.
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Opinion
3 Ways Justices' Disclosure Defenses Miss The Ethical Point
The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.
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Rare Reg A+ Fines Reflect New Era Of SEC Enforcement
The U.S. Securities and Exchange Commission's recent announcement of civil penalties against 10 microcap companies for violations of Regulation A+ shows that as the SEC continues to expand its enforcement efforts, its focus remains on protecting investors of all sizes — including those investing in the historically less-scrutinized Reg A+ issuers, say attorneys at Crowell & Moring.
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Cannabis Plain Packaging Rules: Examples And Opportunities
States that have legalized adult-use cannabis in recent years have adopted stringent requirements for product packaging and labeling in an effort to protect minors, and these rules may provide a vehicle for compromise between proponents and opponents of legalization, say attorneys at Troutman Pepper.
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Caregiver Flexibility Is Crucial For Atty Engagement, Retention
As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.
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Cannabis Consumption Lounges Face Unique Liability Risks
As state laws regulating cannabis consumption lounges proliferate, operators must follow certain best practices to effectively address issues like air quality concerns and California Proposition 65 warnings, says Lauren Mendelsohn at the Law Offices of Omar Figueroa.
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What Justices' Pork Ruling Means For Interstate Cannabis
The U.S. Supreme Court’s recent National Pork v. Ross ruling added a new wrinkle to dormant commerce clause jurisprudence as the nation’s federal courts grapple with a novel paradox raised by interstate cannabis commerce, and pending appellate cases may shed additional light on these issues later this year, say Tommy Tobin and Andrew Kline at Perkins Coie.