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Cannabis
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July 18, 2024
Co-Op Employee Gets Win In $450K Hemp Property Fraud Suit
A farm cooperative employee scored a win in a case accusing a Florida businessman of swindling her out of a nearly $500,000 deposit meant for a hemp processing and growing facility, with a Virginia federal judge saying a criminal investigation into the entrepreneur should follow.
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July 17, 2024
Calif. Judge Admonished For Saying Victim Smelled Of Pot
A California state judge was publicly admonished for making a series of inappropriate remarks in court, including one instance where he said a victim smelled of marijuana, according to a decision by the California Commission on Judicial Performance.
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July 17, 2024
Chamber Of Commerce Urges Justices To Limit RICO's Reach
Business groups including the U.S. Chamber of Commerce are urging the U.S. Supreme Court not to extend the scope of the Racketeer Influenced and Corrupt Organizations Act to include personal injury-related claims in civil suits, in a case over alleged false advertisement of hemp-derived CBD products.
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July 17, 2024
ADA Can't Shield Worker From Failed Drug Test, Co. Says
A chemical transportation company urged a South Carolina federal court to toss a former lift operator's lawsuit alleging he was fired for taking legal CBD because of cysts on his brain and spinal cord, arguing disability law doesn't protect workers from positive drug tests for THC.
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July 16, 2024
Cannabis Patients And DOJ Offer Dueling Reads On Rahimi
A group of Floridians and the U.S. Department of Justice have advanced dueling interpretations of whether a recent U.S. Supreme Court ruling on gun laws justifies stripping medical cannabis patients of their right to bear arms.
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July 16, 2024
Ex-CBD Exec Gets $533K In Fla. Investment Fraud Suit
A Florida federal judge has awarded $533,600 to a former executive of a CBD company who alleged he was duped by his family members into investing, following a jury trial that ended with a mixed verdict.
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July 16, 2024
Ex-CBD Cos. GC Says Owner Hasn't Paid What Deal Promised
The former general counsel of several CBD companies has told a Pennsylvania federal judge that their owner failed to keep up her end of a settlement agreement that ended his suit to obtain over $600,000 in back pay and benefits he and his wife felt they were owed.
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July 16, 2024
The 2024 Diversity Snapshot: What You Need To Know
Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.
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July 16, 2024
These Firms Have The Most Diverse Equity Partnerships
Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.
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July 15, 2024
Teamsters Must Stay Out Of Cannabis Law Row, Co. Says
The International Brotherhood of Teamsters is trying to intervene in a suit over a California law's mandate for labor peace agreements to obtain money, a cannabis retailer claimed, telling the court that the union lacks an interest to justify its intervention.
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July 15, 2024
Fired NJ Cops Say ALJ's Ruling Backs Their Off-Duty Pot Use
An administrative law judge's decision reinstating a Jersey City police officer to her job after she was fired for off-duty marijuana use provides an argument for dismissing the city's lawsuit against the state in which it argues that federal law is at odds with New Jersey law, police officers say in a letter filed Monday in federal court.
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July 15, 2024
Lighting Company Not Liable For Fire At Cannabis Farm
A Maryland federal judge has dismissed a lighting company from an insurer's suit alleging that lamps sold by its predecessor company caused a fire at a cannabis farm, saying it can't be held liable as a successor under Maryland law.
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July 12, 2024
Law360 Names 2024's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.
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July 12, 2024
NC Justices Asked To Take Up 'Double Odor' Pot Test Appeal
Police should not be able to establish probable cause to search a vehicle based on the smell of cannabis and a perceived "cover scent," such as cologne, according to a petition filed to the North Carolina Supreme Court which described this kind of conduct as a "stealthy encroachment" on constitutional rights.
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July 12, 2024
Ex-Quantix Worker Sues Abbott Labs Over Drug Test Firing
A former employee of Quantix SCS LLC is suing the company, Abbott Laboratories Inc. and two other drug testing companies, saying he was wrongly fired after testing positive for THC and the companies did not consider that it could have resulted from his use of legal CBD products.
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July 12, 2024
Tobacco Co. Wants Coverage After $89M Tornado Damage
A tobacco company blamed its insurers for failing to pay their portion after $89 million of snuff was damaged following a 2023 tornado, in a case removed to Tennessee federal court.
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July 11, 2024
Judge Won't Dismiss Cannabis Extraction IP Dispute
Subsidiaries of Canadian cannabis company Halo Collective Inc. can't escape patent infringement claims by a Colorado-based firm specializing in developing techniques for extracting hemp oil, a California federal judge has ruled, rejecting a slew of motions seeking summary judgment.
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July 11, 2024
Legal Foundation Urges Justices To Limit RICO's Civil Scope
The Washington Legal Foundation on Thursday urged the U.S. Supreme Court to overturn a Second Circuit decision allowing a trucker to sue three CBD companies under the Racketeer Influenced and Corrupt Organizations Act, saying the circuit court ignored RICO's structure and purpose.
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July 11, 2024
Navy Can't Get Out Of Ex-Marine's PTSD Discrimination Suit
A Washington federal judge won't let the U.S. Navy out of a suit from a former Marine alleging that he was discriminated against and terminated over his post-traumatic stress disorder, saying there is enough evidence that a fact-finder could determine his boss retaliated against him.
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July 11, 2024
Wash. Justices Agree To Review State's Pot Co. Wage Suit
The Washington Supreme Court has agreed to review whether the state labor agency jumped the gun by suing a cannabis company to collect back pay for employees before the agency knew how much money the workers were owed.
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July 10, 2024
Cheech And Chong's Co. Hits Colo. Cannabis Cos. With IP Suit
Cheech and Chong's Cannabis Co. has filed an infringement lawsuit against a Colorado entrepreneur, accusing him of using the comedy duo's likeness after being explicitly warned not to, according to a lawsuit filed in Colorado state court.
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July 10, 2024
Iowa Blasts Beverage Makers' Challenge To New Hemp Law
The state of Iowa is defending a new law placing restrictions on products with hemp-derived THC, saying the beverage makers who have challenged it in federal court will not prevail on their new claim that the law is unconstitutionally vague.
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July 10, 2024
Wyoming Officials Urge Court Not To Block New Hemp Law
Wyoming state officials have urged a federal judge not to block enforcement of a new law targeting hemp-derived intoxicating products, saying the law is not preempted by federal policy and that the state has an interest in cracking down on such wares.
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July 10, 2024
RJ Reynolds Urges Toss Of Menthol Suit Against FDA
Tobacco giant R.J. Reynolds has come to the support of the U.S. Food and Drug Administration in a friend-of-the-court brief, arguing that the court should toss a federal lawsuit against the agency over its purported delays in implementing a ban on menthol cigarettes.
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July 10, 2024
Mass. Justices Say Intent Not Factor In Boston Appeal Bonds
Boston's zoning law does not require that courts make a finding of bad faith before ordering a challenger to post a bond, Massachusetts' highest court concluded on Wednesday in a case involving the appeal of the issuance of a cannabis dispensary permit.
Expert Analysis
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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What 100 Federal Cases Suggest About Changes To Chevron
With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.
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Don't Use The Same Template For Every Client Alert
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.
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Drafting Calif. Cannabis Management Services Agreements
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.
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Series
Walking With My Dog Makes Me A Better Lawyer
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.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
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.
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The Art Of Asking: Leveraging Your Contacts For Referrals
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.
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Wave Of Final Rules Reflects Race Against CRA Deadline
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.
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Series
Being An Equestrian Makes Me A Better Lawyer
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.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
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.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
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.
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Cannabis Ruling Lights Path For Bankruptcy Protection
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.
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This Earth Day, Consider How Your Firm Can Go Greener
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.
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Practicing Law With Parkinson's Disease
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.