Expert Analysis

• New Mich. Cannabis Policy May Lower Costs For Some Cos.

  

  Under a recently issued bulletin from Michigan’s cannabis regulator, certain growers and processors may be able to significantly reduce costs by shifting the balance of their medical and adult-use licenses — but this strategy does entail some complications, says Robert Hendricks at Warner Norcross.

• Could The Supreme Court Legalize Marijuana Federally?

  

  Amid slow legislative and executive movement on cannabis reform, it’s worth examining whether the U.S. Supreme Court could provide a pathway to federal cannabis legalization — a decision that would surely require strange bedfellows given the court’s current ideological makeup, say Whitt Steineker and Mason Kruse at Bradley Arant.

• Pennsylvania Is Gathering Momentum On Adult-Use Cannabis

  

  Though Pennsylvania has been relatively slow-moving on cannabis reform, recent support from state leaders and pressure from neighboring states signal that legalization efforts are picking up steam, and could lead to the enactment of adult-use legislation soon, says Devin Malone at Clark Hill.

• ABA Opinion Should Help Clarify Which Ethics Rules Apply

  

  A recent American Bar Association opinion provides key guidance on interpreting ABA Model Rule 8.5's notoriously complex choice-of-law analysis — and should help lawyers authorized to practice in multiple jurisdictions determine which jurisdiction's ethics rules govern their conduct, say attorneys at HWG.

• How Cannabis Cos. Can Keep Up With Privacy Compliance

  

  With the cannabis industry's rapid growth and access to sensitive consumer information, and the ever-changing patchwork of state data privacy laws, it is becoming increasingly important for marijuana businesses to treat cybersecurity as a significant risk and management priority, say attorneys at Goodwin.

• 4 Ways To Reboot Your Firm's Stalled Diversity Program

  

  Law firms that have failed to see real progress despite years of diversity initiatives can move forward by committing to tackle four often-taboo obstacles that hinder diversity, equity and inclusion efforts, says Steph Maher at Jaffe.

• What Cannabis Cos. Must Know About Strict Product Liability

  

  To evaluate the traditional product liability risks of their products, cannabis companies should understand the common tests used by courts to determine strict liability, as well as how marijuana consumers are educated about product risks, says Ian Stewart at Wilson Elser.

• DOJ's Google Sanctions Motion Shows Risks Of Auto-Deletion

  

  The U.S. Department of Justice recently hit Google with a sanctions motion over its alleged failure to preserve relevant instant-messaging communications, a predicament that should be a wake-up call for counsel concerning the danger associated with automatic-deletion features and how it's been handled by the courts, say Oscar Shine and Emma Ashe at Selendy Gay.

• What To Expect From A Litigation Finance Industry Recession

  

  There's little data on how litigation finance would fare in a recession, but a look at stakeholders' incentives suggests corporate demand for litigation finance would increase in a recessionary environment, while the number of funders could shrink, says Matthew Oxman at LexShares.

• Cannabis Ads On Twitter: Why Marketers Should Be Cautious

  

  Twitter is the first big social media company to allow cannabis advertising on its platform, and others will likely follow suit — but marketing companies and advertisers will need to carefully consider the disparity between state and federal laws, in addition to the platform's restrictions, say David Klein and Julie Klein at Klein Moynihan.

• Breaking Down Maryland's Adult-Use Cannabis Bill

  

  Maryland voters approved adult-use cannabis in November and state lawmakers have recently introduced a bill to create a regulatory framework for its cultivation, production and sale, but questions remain on blackout periods for licensees, vertical integration, a lack of protection for off-the-job marijuana use and more, say attorneys at Fox Rothschild.

• 10th Circ. Ruling Shows Hemp Issues Need Congressional Fix

  

  The Tenth Circuit’s recent Serna v. Denver Police Department decision adds to a line of rulings demonstrating that hemp producers and sellers cannot rely on the 2018 Farm Bill to preempt application of state regulations, which Congress should remedy with the 2023 Farm Bill, says Christian Foote at Clark Hill.

• Justices Leave Questions Open On Dual-Purpose Atty Advice

  

  The U.S. Supreme Court's recent dismissal of In re: Grand Jury on grounds that certiorari was improvidently granted leaves unresolved a circuit split over the proper test for deciding when attorney-client privilege protects a lawyer's advice that has multiple purposes, say Susan Combs and Richard Kiely at Holland & Hart.

• Cannabis Co. Considerations For Handling A Union Campaign

  

  As employees in Connecticut and across the country increasingly unionize, cannabis employers must understand the meaning of neutrality and the provisions of labor peace agreements to steer clear of possible unfair labor charges, say attorneys at Shipman & Goodwin.

• Absent Federal Action, Tribal Cannabis Laws Remain In Limbo

  

  Many Native American tribes have proceeded with cannabis legalization efforts despite inconsistent federal enforcement and a confusing jurisdictional landscape, but until the federal government takes action, tribal sovereignty on this issue will remain ad-hoc and uncertain, says Anna Wills at Duane Morris.