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Cannabis
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March 15, 2024
Harris Urges DOJ To Wrap Pot Review 'As Quickly As Possible'
Vice President Kamala Harris urged the U.S. Department of Justice on Friday to complete its review of marijuana's control status "as quickly as possible," saying it was "absurd" and "patently unfair" to keep the drug in the same highly restrictive tier as heroin.
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March 15, 2024
Appeals Court Rejects Medical Cannabis User's Bias Suit
A Connecticut appeals court refused to reinstate a former teaching assistant's lawsuit accusing a nonprofit of firing her because she has epilepsy, which she treats with medicinal cannabis, saying she failed to overcome the organization's argument that she was fired for being high around children.
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March 15, 2024
Cannabis Sellers Want $6M Fees Refunded From Mass. Town
A group of cannabis retailers are suing Great Barrington, Massachusetts, saying the town has illegally collected nearly $6 million in community impact fees, despite admitting in writing that the companies have caused virtually no costs to the town.
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March 15, 2024
Conservative Law Group Asks Justices To Hear FDA Vape Suit
A free-market advocacy group and a vape industry association are urging the U.S. Supreme Court to upend the U.S. Food and Drug Administration's decision denying a manufacturer permission to sell flavored vapes, arguing that the FDA is "moving the goalposts" when it comes to what kind of data is needed when applying.
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March 14, 2024
Conservative Firm Joins Bias Suit Against NY Pot Regulators
Conservative law group Pacific Legal Foundation has decided to represent a would-be cannabis dispensary that claimed New York state's social equity program discriminated against them because they were white men, filing an amended complaint against state regulators which dropped from the suit words "Caucasian" and "white."
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March 14, 2024
Cannabis Cos. Say Federal Position On Pot Is Irrational
The federal ban on marijuana is plainly irrational and negatively affects operators in state-regulated cannabis markets, depriving them of their constitutional rights, a group of marijuana companies told a Massachusetts federal judge on Friday.
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March 14, 2024
NJ Law Firm Avoids Malpractice Suit Over Texas Kratom Death
A Lone Star State appeals court let the New Jersey-based Oshman Firm LLC off the hook on jurisdictional grounds Thursday in a malpractice lawsuit filed by a Texas father who faulted the firm for not filing a wrongful death lawsuit before the statute of limitations expired.
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March 14, 2024
Ariz. AG Says Delta-8 THC Products Unlawful For General Sale
Arizona's attorney general has issued a formal legal opinion finding that retailers who are not approved to sell marijuana cannot lawfully sell intoxicating products derived from hemp, such as products containing delta-8 THC and delta-10 THC.
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March 13, 2024
Mass. Gov. Announces Pardon Plan For Marijuana Possession
Massachusetts Gov. Maura T. Healey has announced plans for sweeping pardons of misdemeanor cannabis possession convictions, following the directive of President Joe Biden, who urged state executives to follow his lead in pardoning low-level marijuana offenses.
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March 13, 2024
Juul Investor Tells Chancery: 'We Were Trying To Help'
A director of Juul Labs Inc. denied on Wednesday that he kept the company out of bankruptcy in 2022 to profit from his own investments, telling Delaware's Chancery Court that he helped Juul refinance and backstopped millions worth of settlements because he wanted the e-cigarette company to succeed.
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March 13, 2024
Ex-CFO Raided Corporate Funds, Trulieve Suit Claims
Florida's largest medical marijuana company, Trulieve, is suing its former chief financial officer in federal court, claiming he misused his corporate credit card, charging "hundreds of thousands of dollars" for expensive clothing, vacations and attorney fees and fraudulently received reimbursement for personal expenses.
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March 13, 2024
Santa Barbara County Wants Pot Raid Suit Tossed Again
The county of Santa Barbara is asking a California federal court to once again throw out a cannabis farmer's claim that his farm was illegally raided by the sheriff's office, saying the latest complaint still falls short of alleging facts to support the claims.
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March 12, 2024
Patent Deal Brings End To Philip Morris Import Ban
The U.S. International Trade Commission has decided to pull its import ban on a line of Philip Morris heated tobacco products following a settlement of its patent fight with British American Tobacco, over the objections of the agency's own in-house lawyers.
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March 12, 2024
Reps Push Regulators For Answers On Marijuana Research
A bipartisan pair of congress members on opposite sides of the cannabis legalization issue joined forces on Tuesday to blast federal agencies for not effectively implementing a bill whose stated purpose was to expedite research into marijuana's potential harms and benefits.
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March 12, 2024
Colo. Cannabis Brands Hit With $5.5M Creditor Suit
BellRock, the cannabis company behind brands such as Mary's Medicinals and Dixie, was hit with a lawsuit seeking $5.5 million in defaulted loans, weeks after the company announced its chief executive's departure and that it is considering restructuring debt.
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March 12, 2024
Pot Co. Says Commerce Clause Meant To Stop 'Trade Wars'
Cannabis company Peridot Tree WA Inc. is urging a Washington federal judge to reject a bid to dismiss its suit alleging the state's cannabis social equity licensing scheme violates the Constitution's dormant commerce clause, saying the court should find that it applies to cannabis businesses.
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March 11, 2024
Judge Blasts Instagrammer's Bid To Upend $1.6M Ruling
A lifestyle brand headed by Instagram celebrity Dan Bilzerian could face sanctions should it continue to recycle arguments for why it shouldn't be forced to pay a $1.6 million judgment to a consulting firm it was accused of cheating, a Nevada federal judge warned in an order denying the brand's motion for reconsideration.
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March 11, 2024
DC Circ. Mulls Tax-Exempt Status For Ayahuasca Church
A D.C. Circuit panel on Monday pushed counsel for an Iowa church that uses the psychedelic substance ayahuasca in its ceremonies to explain why the Internal Revenue Service erred in denying it tax-exempt status.
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March 11, 2024
CBD Co. Says Investors' Fraudulent Intent Claims Fall Short
Canopy Growth Corp. is urging a New York federal court to throw out claims that it misled investors about the prospects of a sports nutrition subsidiary, saying the proposed class action fails to establish a motive for the alleged fraud or that the cannabis company was aware that any statements it made were false.
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March 08, 2024
CBD Shop Seeks Relief From Fees For Lost Trial Against Cops
The owner of a shuttered CBD shop urged a Tennessee federal judge to free him from $35,000 in court costs for a trial he lost against the local cops who raided his shop, even though all of his products were legal, saying his net worth is in the red.
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March 08, 2024
Union Urges Affirming Reinstatement Award Over Pot Test
An aircraft mechanics union has asked a Washington federal judge to back an arbitration board's decision ordering Alaska Airlines to reinstate a unionized worker who testified positive for marijuana, saying the award was properly based on the parties' labor contract.
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March 08, 2024
Colo. Dispensary And Tracking Vendor Settle Fee Suit
A Colorado state judge has called off a trial between a dispensary chain and Metrc LLC, the company contracted by the state to track cannabis sales, after the two agreed to settle a lawsuit the retailer filed over monthly fees the vendor charged for its state-mandated services.
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March 08, 2024
Md. Pot Regulators Eye Win In Challenge To Social Equity Plan
Maryland cannabis regulators on Friday asked a federal judge to toss a lawsuit alleging the state's social equity scheme unconstitutionally discriminates against out-of-state players, asserting that there is no such thing as a federally legal marijuana market.
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March 08, 2024
Colo. Judge Sends Pot Co. Receivership Dispute To Arbitration
A member of a struggling cannabis cultivation and dispensary business alleging mismanagement by other owners must take its receivership battle to arbitration, after a Colorado state judge found that the company's operating agreement requires it.
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March 08, 2024
Hiller PC Says Ex-Atty Stole From Firm, Not The Reverse
Boutique firm Hiller PC told a New York state judge that a suit by a former attorney alleging she was underpaid should be trimmed, arguing that unjust enrichment claims fail because she was actually stealing money from the firm, not the other way around.
Expert Analysis
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Series
ESG Around The World: South Korea
Numerous ESG trends have materialized in South Korea in the past three years, with impacts ranging from greenwashing prevention and carbon neutrality measures to workplace harassment and board diversity initiatives, say Chang Wook Min and Hyun Chan Jung at Jipyong.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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Regulatory Shift May Offer Lifeline To NY's Cannabis Industry
Recent developments may help to open up the regulatory log jam and increase the number of licensed dispensaries in New York state, and can eventually allow the licensed cannabis market to win out over unlicensed dispensaries, say attorneys at Davis+Gilbert.
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Why Hemp-Synthesized Intoxicants Need Uniform Regs
State laws regulating hemp-synthesized intoxicants are a patchwork with little consistency between any given state, and without the adoption of a uniform regulatory framework, producers and consumers alike will need to be very cautious, say Dylan Anderson and Seth Goldberg at Duane Morris.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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Series
ESG Around The World: The UK
Following Brexit, the U.K. has adopted a different approach to regulating environmental, social and governance factors from the European Union — an approach that focuses on climate disclosures by U.K.-regulated entities, while steering clear of the more ambitious objectives pursued by the EU, say attorneys at Dechert.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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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.
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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.
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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.
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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.
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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.