Cannabis

Expert Analysis

• NJ Employment Legislation Had A Blockbuster Year

  

  This year's updates to New Jersey's employment laws require company policy revisions and may also necessitate a look at how potential changes in 2020 could impact workforces in the long run, say Sarah Wieselthier and Holly Wintermute at Fisher Phillips.

• What The Federal Green Light On Hemp Means For Banks

  

  Banks adapting to federal regulators' recent guidance clarifying hemp's legal status should establish and review policies for compliance with state laws, the federal Bank Secrecy Act, new account requirements, transaction monitoring and know-your-customer due diligence to work with companies in this growing industry, says Kelly Huff at Montgomery McCracken.

• Strategies To Maintain Privilege In Crisis Response Scenarios

  

  In several recent cases, courts have overridden claims that attorney-client privilege applies to communications with public relations firms in connection with litigation and to documents generated in internal investigations, but businesses can use several best practices to avoid the potential risk of waiving privilege, say attorneys at Ropes & Gray.

• How To Ward Off Nonclient Suits Over Lawyers' Speech

  

  Because lawyers are often sued by nonclients based on public statements they have made, lawyers should be trained to avoid potentially actionable statements when speaking and writing, and they should also understand the overarching defenses against such lawsuits, says Matthew O’Hara at Freeborn & Peters.

• Navigating The Regulatory Environment For CBD Marketing

  

  In light of recent enforcement actions by the U.S. Food and Drug Administration and Federal Trade Commission, companies marketing new CBD products should avoid making claims that are not backed by competent and reliable scientific evidence, says Christopher Binns of Loeb & Loeb.

• 2019 Brought Major Changes To New York Employment Law

  

  In light of significant expansions to worker protections and lowered standards of proof in New York state and city employment laws this year, now more than ever, employers should use care in their dealings with employees, independent contractors, clients and vendors, say Mark Goldstein and Alexandra Manfredi at Reed Smith.

• What Is A 'Reasonably Useful Form' For Production Of ESI?

  

  While federal rules require production of electronically stored information in its native format or a "reasonably useful form," recent court rulings offer guidance on avoiding production of ESI in its native format when it would be unduly burdensome, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

• Patent Decision Highlights Cross-Appeal Considerations

  

  The Federal Circuit's recent decision in IPR Licensing overruled precedent to hold that the cross-appeal rule is not jurisdictional, demonstrating the complexity of this seemingly simple rule and its various applications within the circuit courts, says Michael Soyfer at Quinn Emanuel.

• Okla. Marijuana Ruling Underscores Broad Worker Projections

  

  The Oklahoma Court of Civil Appeals’ recent employee-friendly decision in Rose v. Berry Plastics highlights the hardships employers could face when relying on a drug test as sole proof to show a medical marijuana licensee was under the influence at work, say Ellen Adams and Scott Kiplinger of GableGotwals.

• Opinion

  NJ Should Live Up To Its State Motto By Legalizing Cannabis

  

  Despite the legislative failure of the New Jersey Cannabis Regulatory and Expungement Aid Modernization Act, the state should pursue cannabis legalization as a unique opportunity to promote liberty and prosperity, says McElroy Deutsch attorney Fruqan Mouzon, who helped draft the act in his prior role as general counsel for the New Jersey Senate Majority Office.

• Perspectives

  Book Review: Who's To Blame For The Broken Legal System?

  

  The provocative new book by Alec Karakatsanis, "Usual Cruelty: The Complicity of Lawyers in the Criminal Injustice System," shines a searing light on the anachronism that is the American criminal justice system, says Sixth Circuit Judge Bernice Donald.

• California Is Still Golden Opportunity For Cannabis Investment

  

  The obstacles standing in the way of locals involved in California’s cannabis industry present an invaluable opportunity for outside investors with plenty of capital and patience to take over large percentages of cannabis businesses, say Allison Margolin and Zachary Tucker of Margolin & Lawrence.

• Advising Cannabis Cos. As Mich. Legalizes Recreational Use

  

  In light of Michigan's lighting-fast legalization of recreational marijuana sales, attorneys counseling cannabis companies should be aware of the unique state licensing requirements, and note the distinctions between dispensary, grower and processor clients ahead of the Dec. 1 rollout, says Lance Boldrey of Dykema.

• State Net

  How States' 2020 Policy Agendas Are Taking Shape

  

  State legislators are already hammering out their agendas for 2020, with data privacy and security, the gig economy, drug prices and Medicaid expansion likely to be central to next year's state legislative battles, says Rich Ehisen of State Net Capitol Journal.

• The Top Pennsylvania Employment Law Changes In 2019

  

  This year, equal pay, fair scheduling and paid sick leave updates dominated Pennsylvania’s employment law discussions, but 2020 promises more developments at the local, state and federal levels that will require employers to evaluate their policies and practices, says Stephanie Rawitt of Clark Hill.