Cannabis

  • December 13, 2019

    Ariz. Medical Pot Dispensary Can't Nix Rival's Registration

    An Arizona appeals court tossed a medical marijuana dispensary's claims that the state improperly awarded another company a registration certificate for which it was vying, saying the dispensary couldn't establish that its competitor broke local zoning laws by using the address of another dispensary at the same site.

  • December 13, 2019

    Another Investor Says Canopy Skewed Canadian Pot Demand

    Canopy Growth has been hit with another proposed securities class action, this time by investors represented by Pomerantz LLP, accusing the cannabis behemoth of misrepresenting the size of the Canadian pot market.

  • December 13, 2019

    Bill Aims To Start Anti-Vaping Campaigns On E-Cig Cos.' Dime

    Lawmakers on Friday introduced bipartisan and bicameral legislation that would create programs and provide resources to schools to combat the youth vaping crisis, funded by a fee imposed on e-cigarette companies.

  • December 13, 2019

    CBD Co. Says It Never Misled Investors About Energy Drink

    A Maryland-based CBD company has asked a federal judge to consider the full range of documents that it says show the company never misrepresented the legality of its products, as investors have alleged in a proposed class action for securities fraud.

  • December 13, 2019

    Patients Say Rescheduling Pot Would Be A Step Backward

    Medical marijuana patients have told the Second Circuit that any petition they send to the DEA to deschedule cannabis would likely result in the drug becoming reclassified as a Schedule II substance — an outcome that would be worse than the status quo.

  • December 13, 2019

    Mass. Cannabis Vape Sales To Resume Under New Rules

    Massachusetts regulators have eased what were once the tightest restrictions on vaping products in the country, allowing many banned products back on shelves but imposing new testing requirements as concerns over youth vaping and vaping-related lung injuries simmer.

  • December 12, 2019

    Medical Pot Co. Says Ex-Exec Stole Trade Secrets

    A Phoenix-based medical marijuana company has sued its recently departed CEO over her alleged theft of trade secrets from a cloud storage account.

  • December 12, 2019

    EU Court Says Pot Logo Can't Be Trademark

    The General Court of the European Union ruled Thursday that an Italian woman could not register “Cannabis Store Amsterdam” as a trademark for hemp products, saying the public would associate it with marijuana.

  • December 12, 2019

    NJ Legal Pot Advocates Want Entrepreneurs, Not Criminals

    New Jersey legislators on Thursday said a proposal to ask voters next year about legalizing adult-use recreational marijuana would open a door for providing social justice to minority groups who are disproportionately arrested for possessing the drug, with one lawmaker saying they were looking to create entrepreneurs instead of criminals.

  • December 12, 2019

    New Hemp Banking Guidance Unlikely To Sway Wary Lenders

    When four federal banking regulators, including FinCEN, announced they were easing the reporting requirements for banks working with hemp producers, many stakeholders took it as a welcome sign of the industry’s legitimization. But cannabis attorneys say the guidance on its own is not enough to persuade jittery financial institutions to enter the space.

  • December 12, 2019

    Canopy, Hemp Grower Move Crop Dispute To NY State Court

    A bitter dispute between Canadian cannabis company Canopy Growth and a hemp farm over a failed crop has jumped from federal court to New York state court, with each side's suit reappearing in recent weeks.

  • December 12, 2019

    Senate Confirms Lung Cancer Doctor To Lead FDA

    The U.S. Senate on Thursday confirmed radiation oncologist Stephen M. Hahn to take over leadership of the U.S. Food and Drug Administration from acting Commissioner Ned Sharpless.

  • December 11, 2019

    Hemp Processor Needn't Put Up Assets Over Weak-CBD Claim

    An Ohio federal judge refused Tuesday to designate up to $540,000 of a Colorado hemp processor's assets as money to be paid if the plaintiff wins its lawsuit over a shipment of 13,500 pounds of hemp that it says didn't contain as much CBD as promised.

  • December 11, 2019

    Calif. Consumers Defend TCPA Suit Against Pot Software Co.

    Two consumers who filed a proposed class action claiming they received unsolicited texts from a cannabis industry software company urged a California federal judge not to toss their claims, saying the court has personal jurisdiction in the matter and rejecting the company's argument that they failed to state a claim.

  • December 11, 2019

    Fisher Phillips Picks Up Employment Pro In Denver

    Fisher Phillips has bolstered its ranks in Denver by adding a seasoned employment law partner who was most recently general counsel at a company that provides a variety of services to the cannabis industry, the firm has announced.

  • December 11, 2019

    CBD Seller Says Farm Bill Tethers Case To Federal Court

    A CBD company told a Missouri federal court that a truck driver who claims he was fired for testing positive for marijuana after taking CBD capsules that contained THC cannot remand his suit against the company to state court because last year’s Farm Bill is central to his claims.

  • December 11, 2019

    Cannabis Corner: An Ex-Prosecutor Keeps Firm's Risk At Bay

    As more law firms form cannabis-focused practice groups, the lawyers who staff them are faced with tough questions about where they fit in an industry that is largely against federal law.

  • December 11, 2019

    CBD Co. Can't Escape Securities Class Action

    A Nevada federal judge has refused to dismiss a securities class action against a CBD company that allegedly misled investors about a rejected patent application that, when publicized, caused a stock drop of over 50%.

  • December 10, 2019

    FDA's E-Cigarette Regulations Upheld By DC Circ.

    The D.C. Circuit on Tuesday shot down a challenge to the U.S. Food and Drug Administration's regulations on e-cigarettes, saying it's not unconstitutional for the agency to bar claims that e-cigarettes are safer than traditional tobacco until manufacturers have shown that they are.

  • December 10, 2019

    Vape Maker Hit With Deceptive Marketing Suit In DC

    Myle Vape Inc., a company that received a letter last year from the U.S. Food and Drug Administration for potentially unlawful marketing practices, was hit with a suit filed on behalf of the public in D.C. Superior Court claiming the company misled customers about its e-cigarette products.

  • December 10, 2019

    Cannabis Equipment Supplier Says It Was Stiffed On Bill

    A Canadian cannabis company stiffed a Pittsburgh firm on part of the bill for a $200,000 piece of equipment used to extract active ingredients from plants and the training to operate it, according to a lawsuit filed in Pennsylvania state court Tuesday.

  • December 10, 2019

    Florida's Largest Marijuana Co. Hit With TCPA Suit

    The Sunshine State's largest medical marijuana company has been spamming users with unwanted texts, according to a potential class action filed in Florida federal court.

  • December 10, 2019

    Univ. Escapes Hockey Player's Suit Over Weed-Induced Fall

    A University of Maryland hockey player can’t sue the school for allegedly forcing him to move in with his out-of-control teammates — leading to a life-altering fall after they pressured him into smoking marijuana — due to jurisdictional snags, a New York federal court ruled Tuesday.

  • December 09, 2019

    FDA Wants Vape Group's Suit Over E-Cig Deadline Axed

    The U.S. Food and Drug Administration has said a vaping industry group’s effort to fight a 10-month deadline for e-cigarette marketing applications that was ordered in a separate case should be dismissed for lack of jurisdiction and on the merits, calling the Vapor Technology Association's suit a "collateral attack" against the order.

  • December 09, 2019

    Health Food Co. Says Edibles Maker Infringed 'Kiva' TM

    A health food company urged a California federal judge to toss a marijuana edibles maker’s defenses for using a "Kiva" brand that allegedly infringes on its trademarks, saying the edibles company can't show prior use of the name.

Expert Analysis

  • NJ Employment Legislation Had A Blockbuster Year

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    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

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    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

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    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

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    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

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    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

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    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?

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    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

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    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

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    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

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    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?

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    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

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    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

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    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

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    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

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    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.