Cannabis

  • January 22, 2020

    Canadian Law Can't Save Pot Co. From TCPA Suit, Class Says

    A proposed class of consumers who allege a cannabis software company sent them unwelcome text messages said Wednesday that the company can't claim it's protected from the Telephone Consumer Protection Act by Canadian law, asserting that the argument should have been raised earlier.

  • January 22, 2020

    Mondelez Tracks Down Cos. Behind 'Stoney Patch' Pot Candy

    The maker of Sour Patch Kids gummies claims to have tracked down an elusive ring of companies that are packaging illicit THC candies in similar bags, part of what the firm said is a reckless trademark infringement scheme that has tarnished its brand and gotten scores of kids high.

  • January 22, 2020

    7th Circ. Asked To Keep Ind. 'Smokable Hemp' Ban Paused

    A group of hemp and CBD companies told the Seventh Circuit that Indiana’s ban on smokable hemp is unconstitutional and was rightly blocked by a federal court, urging the judges to look past the state’s “fearmongering” about the crop’s physical similarity to marijuana.

  • January 22, 2020

    Senators Unveil Bill Requiring Vape Cos. To Pay FDA

    A bipartisan group of senators on Wednesday announced that they have introduced legislation that would mandate e-cigarette companies to pay user fees to the U.S. Food and Drug Administration to fund stronger oversight over the industry.

  • January 22, 2020

    Cannabis Group of the Year: Fox Rothschild

    The $875 million Curaleaf deal with Grassroots announced last July was just one of the major cannabis transactions Fox Rothschild LLP had a hand in last year, a stretch that earned it a place among Law360's 2019 Cannabis Practice Groups of the Year.

  • January 21, 2020

    Fla. Pro-Pot Group Says Initiative Text Is 'Coddling' Voters

    A group backing a ballot initiative to legalize recreational marijuana in Florida told the state's Supreme Court Monday that the Legislature is asking for an "absurd degree of coddling" of voters by demanding the measure spell out that the amendment would not change federal law.

  • January 21, 2020

    Cannabis Banking Bill Sponsors Push For Progress In Senate

    U.S. representatives behind a bipartisan cannabis banking bill pressed a key Senate committee leader Tuesday to advance the legislation, warning against changes they said could make the law “unworkable” for financial institutions.

  • January 21, 2020

    Cannabis Co. Accused Of Stealing Hemp-Drying Technology

    A cannabis business is trying to peddle technology for drying cannabis and hemp products as its own even though the intellectual property rights belong to the company that developed the technology, according to a lawsuit filed in Colorado federal court.

  • January 21, 2020

    New York Gov. Aims Again To Legalize, Tax Cannabis

    New York's governor will try again this year to legalize and tax recreational cannabis and cut taxes on small businesses without raising taxes on the rich, according to a $178 billion budget proposal his administration released Tuesday.

  • January 21, 2020

    Mo. Medical Marijuana Co. Scores Early Win In Zoning Battle

    A medical marijuana company can proceed with its application to open a dispensary in Independence, Missouri, after a state court judge agreed to temporarily stay a city ordinance that would severely limit where pot sellers can set up shop.

  • January 21, 2020

    CBD Co. Accused Of Using Misleading Labels On Hemp Cream

    Consumers claim a Colorado CBD product company is misrepresenting the quantity of hemp extract contained in its skin creams, according to a putative class action filed in Illinois federal court.

  • January 21, 2020

    Cannabis Co. Wants Judge To Toss Harvest Health Merger Suit

    A California cannabis company has urged a federal judge to toss Harvest Health & Recreation Inc.'s suit seeking to terminate its merger agreement with the company, saying among other things that the suit is moot because it has already agreed to arbitrate the dispute.

  • January 21, 2020

    SEC Says Film Producer Sold Fake Shares In Pot Company

    A Hollywood producer who branched out into the cannabis business allegedly bilked investors out of more than $4.8 million, in what the U.S. Securities and Exchange Commission labeled a Ponzi scheme on Tuesday.

  • January 21, 2020

    Ex-NFLer Will Take Pot Decriminalization Bid To High Court

    A group of cannabis patients led by a former NFL player told the Second Circuit they will take their gambit to decriminalize marijuana to the U.S. Supreme Court, saying that fighting the drug's designation as a controlled substance through administrative means could be disastrous for patients.

  • January 21, 2020

    Cannabis Group Of The Year: Dentons

    The cannabis group at Dentons helped steer the largest domestic cannabis deal to date — the sale of Cura Partners Inc.’s cannabis business to Curaleaf Holdings Inc. — and shepherded multiple companies in the industry to their U.S. initial public offerings, making them one of Law360’s 2019 Cannabis Practice Groups of the Year.

  • January 17, 2020

    CBD Co. Slams Former Exec's Murder Plot Allegation

    A Colorado CBD wholesaler accused of trying to kidnap and murder an ex-employee fired back at the former executive who made the claim, saying she was the one wrapped up in the murder-for-hire scheme as part of a vendetta against the company.

  • January 17, 2020

    Vape Injury Outbreak Mainly Tied To THC Products, CDC Says

    The U.S. Centers for Disease Control and Prevention released two reports Friday that shed more light on an outbreak of vaping-related lung illnesses that peaked last fall, and backed off its recommendation that people avoid e-cigarettes altogether.

  • January 17, 2020

    Kansas Warns That Hemp Rules Could Hamper Industry

    Kansas has told the U.S. Department of Agriculture that the agency's proposed hemp regulations could ultimately prevent the industry from growing, joining a chorus of criticism coming from many involved with the newly legal crop.

  • January 17, 2020

    Fla.'s Largest Pot Co. Calls Robocall Ban Unconstitutional

    Florida's largest medical marijuana company on Thursday urged a federal judge to toss a proposed class action alleging it spammed users with unwanted texts, arguing the provision under which the plaintiff sued — the Telephone Consumer Protection Act’s robocall ban — is unconstitutional.

  • January 17, 2020

    Cannabis Group Of The Year: Cozen O'Connor

    Cozen O'Connor's central role in Canopy Growth's planned acquisition of Acreage Holdings, a deal that grabbed headlines for its size and first-of-its-kind structure, cemented the firm's place among the heavyweights in Law360's 2019 Cannabis Practice Groups of the Year.

  • January 17, 2020

    CBD Co. Says Consumer Suit Relies On Flawed Testing

    A Florida maker of CBD supplements is asking a Massachusetts federal court to knock down a proposed class action over the potency of its products, arguing the suit doesn’t back up its claims with solid testing and fits a pattern of spurious litigation against similar companies.

  • January 16, 2020

    Patient Can't Force Michigan To Tap New Pot Suppliers

    A Michigan medical marijuana patient can't force the state to ease a supply shortage by tapping unregulated cannabis growers after a federal court ruled it was barred from meddling with a state agency's decisions.

  • January 16, 2020

    CBD Retailer Latest To Be Hit With ADA Suit Over Website

    CBD seller Green Growth Brands LLC was the latest cannabis company to be hit with a proposed class action under the Americans with Disabilities Act alleging its website is not accessible to blind customers.

  • January 16, 2020

    Pot Lobbies Urge Key Senator Not To Undermine Banking Bill

    Cannabis lobbies pressed a key Senate committee leader to back off on a suggested change to a marijuana banking bill in a letter Thursday, saying a proposed 2% cap on THC potency is a poison pill that would doom the legislation.

  • January 16, 2020

    Vape Group's Challenge To FDA's E-Cig Policy Falls Flat

    A Kentucky federal judge on Thursday tossed a vaping trade organization’s bid to postpone a court-mandated deadline for the U.S. Food and Drug Administration to begin enforcement action on e-cigarettes, finding the group had failed to show why the agency should be accountable for a judge’s decision.

Expert Analysis

  • Nissan Ex-CEO Illustrates Do's And Don'ts Of Image Repair

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    Lawyers can draw a number of useful lessons about reputation management from the efforts of former Nissan executive Carlos Ghosn — who recently escaped house arrest in Tokyo — to restore his sullied reputation, says Elizabeth Ortega at ECO Strategic Communications.

  • 5 Key Issues Raised In Most CBD Product Class Actions

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    By becoming familiar with the most common problems raised in class actions against CBD products, cannabis suppliers and manufacturers can reduce risks associated with marketing, labeling and promoting their products, say Mark Goodman and Barry Thompson of Baker McKenzie.

  • How Associate Life Has Evolved Over The Past Decade

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    During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

  • What Pa. Employment Suit Means For Medical Cannabis Users

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    In allowing Palmiter v. Commonwealth Health Systems to proceed, a Pennsylvania state court joins a national trend to allow medical cannabis patients to proceed with unlawful termination claims based on off-site medical cannabis use, say Ruth Rauls and Matthew Smith of Saul Ewing.

  • The Evolving Legality Of Lesser-Known Cannabis Compounds

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    As products using cannabigerol and cannabinol — cannabis compounds that are less well-known than THC and CBD — become more popular, understanding the legal differences under existing food and drug laws is crucial for companies marketing such products, says Ian Stewart of Wilson Elser.

  • Series

    Judging A Book: Dyk Reviews 'Democracy And Equality'

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    In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

  • 7 Insider Tips For Working With In-House Counsel

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    For outside firms wondering how to best support busy in-house lawyers, several practices can help navigate critical legal issues and novel business challenges while strengthening the working relationship, says Virginia Hudson, associate general counsel at Capital One.

  • 50 Years Later, Interpretive Challenges Remain For RICO

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    In the 50 years since the Racketeer Influenced and Corrupt Organizations Act was passed, courts' attempts to clarify the statute have had some success, but many interpretive dilemmas remain unresolved, says Randy Gordon of Barnes & Thornburg.

  • Opinion

    States Should Not Follow ABA On Attorney Conduct Rules

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    Because the American Bar Association's new rule on diversity continues to use the Model Rules of Professional Conduct as a cultural bludgeon, states should create independent codes limited to constitutionally valid purposes of attorney regulation, says Bradley Abramson of Alliance Defending Freedom.

  • What Federal Cannabis Bills Mean For Private Lenders

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    If approved by Congress, the Marijuana Opportunity Reinvestment and Expungement Act and the Secure and Fair Enforcement Banking Act could provide private lenders with cannabis investment opportunities, increased competition, and a solid entry point into this lucrative market, say Tae Kim and Olivia Durnell at Geraci.

  • How Courts And Litigants Can Benefit From Special Masters

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    As we approach the first anniversary of the American Bar Association's adoption of guidelines for the appointment and use of special masters in civil litigation, retired U.S. District Judge Shira Scheindlin, now at Stroock, explains how special masters can help parties and courts with faster decision-making and subject matter expertise.

  • Bankruptcy Courts Remain Inaccessible To Cannabis Cos.

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    Last year, the Ninth Circuit appeared to open the door for cannabis companies filing for bankruptcy, but lower courts in Colorado and Michigan subsequently slammed that door shut, holding that bankruptcy protection is unavailable to debtors who violate federal marijuana laws, says Mark Salzberg of Squire Patton.

  • Uber Policy Calls For Refresher On ABA Confidentiality Rules

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    Uber's recent policy update allowing drivers to audio-record passenger rides is a reminder for lawyers to observe the highest standard of care in protecting client information under the American Bar Association's confidentiality model rule, says Paul Boehm at Williams & Connolly.

  • 5 Advertising Law Trends To Watch In 2020

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    This year, advertisers face a world increasingly sensitive to privacy and data use, consumers who have grown savvy to influencer marketing and product placement, new social media challenges, and regulators’ increased focus on cannabis marketing, say Jason Gordon and Casey Perrino of Reed Smith.

  • Rethinking Corporate Crisis And Litigation Communications

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    While conventional wisdom among attorneys may be that no response is the safest response during a corporate crisis, recent examples demonstrate the consequences of failing to share timely and relevant information with key audiences, says Aidan Ryan of Goldberg Segalla.