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Cannabis
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May 05, 2025
Iowa E-Cigarette Law Paused Over Federal Preemption
An Iowa federal judge has blocked enforcement of a new state law banning the sale of certain e-cigarettes while a legal challenge to the policy plays out, with the court finding the law at issue in the suit is likely preempted by federal law.
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May 05, 2025
Judge Backs Biden-Era Protections For H-2A Farmworkers
A North Carolina federal judge tossed a challenge to a Biden-era regulation that enhanced the organizing rights of seasonal farmworkers with H-2A visas, saying Monday that the U.S. Department of Labor didn't act arbitrarily and capriciously when it issued the regulation.
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May 05, 2025
Feds Say Calif. Tribe's Challenge To Cig Ruling Is 'Fruitless'
The federal government is urging a California federal court not to pause a ruling affirming the Bureau of Alcohol, Tobacco, Firearms and Explosives' decision to place a native tribe on a noncompliance list over cigarette sales, saying the tribe shouldn't be able to upend the status quo as it pursues a "fruitless" appeal to the Ninth Circuit.
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May 05, 2025
High Court Won't Hear Challenge To Miss. Ban On Pot Ads
The U.S. Supreme Court on Monday rejected an opportunity to hear a First Amendment challenge to Mississippi's policy outlawing medical marijuana advertisements, effectively preserving a circuit court decision that upheld the state's ban.
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May 02, 2025
Cannabis Drink Co. Accuses Stoel Rives Attorneys Of Fraud
A startup that develops nonalcoholic cannabis beers has claimed in a California state court action that attorneys from Stoel Rives LLP and others conspired on a scheme to defraud the company out of millions by allegedly trying to sell an unlicensed marijuana business.
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May 02, 2025
With Lowell's New Firm, San Juan Bank Appeals NY Fed Loss
Abbe Lowell — the high-profile litigator who on Friday announced he will launch a boutique firm aiming to aid with "politicized investigations" after exiting the partnership of Winston & Strawn LLP — will help handle a Puerto Rico bank's appeal of an order affirming the closure of its Federal Reserve master account by federal regulators.
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May 02, 2025
Pot Co. Drops Challenge To Mich. City's Licensing Scheme
A would-be Michigan dispensary has dropped its suit alleging that the city of Auburn Hills violated a voter-approved ordinance by awarding a cannabis license to a company it had previously said didn't fit the criteria for one.
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May 02, 2025
NC Farmers Say Fight With Crop Insurer Must Stay In Court
A suit by six tobacco farmers lodging tort claims against their crop insurer should proceed in state court, they told a North Carolina appeals court, arguing that an arbitration provision in their policy applies only to disputes over a coverage determination.
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May 02, 2025
Medical Pot Co. Says Ex-COO Took Patients' Info To Rival
Medical cannabis company MMJ Health Labs LLC is suing a former contractor and chief operating officer in Florida federal court, saying he stole proprietary information, including patient records, and provided them to a competitor.
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May 01, 2025
Smoke Shop Must Pay $4.9M For Conn. Cannabis Sales
A Connecticut smoke shop and its owner must pay a record-breaking $4.93 million civil penalty after they illegally sold cannabis despite repeated inspections and product seizures, and continued to do so in spite of a court order, the state's attorney general said Thursday.
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May 01, 2025
RI Pot Rules Challenger Says Cause For Ditching Case Is Moot
A Florida entrepreneur challenging Rhode Island's cannabis regulatory scheme said a judge's basis for dismissing the action no longer applies now that the state has published its rules, and has asked the First Circuit to remand the case to district court.
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May 01, 2025
Prosecutor Says He Is Immune In Suit Over $850K Hemp Bust
A Tennessee district attorney general is urging a federal court to throw out a suit alleging he maliciously prosecuted a driver transporting $850,000 worth of hemp through the state, saying he has immunity to all the claims against him.
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May 01, 2025
11th Circ. Says Ga. Smoke Shop Can't Burn $1.1M Verdict
The Eleventh Circuit said a Georgia-based tobacco importer will remain on the hook for a $1.1 million verdict for selling counterfeit rolling papers, rejecting the company's arguments that the Lanham Act damages levied against it needed to bear close relation to the actual damages suffered by the papers' manufacturer.
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May 01, 2025
Vape Makers, Sellers Aim To Block NC Law On E-Cigarettes
A vaping trade group and others are aiming to block a North Carolina law to regulate the sale of electronic cigarettes by arguing it is preempted by federal law, in a new suit filed in federal court.
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April 30, 2025
Tribes Say Calif. Sheriffs Illegally Raided Pot Grow Sites
Members of the Round Valley Indian Tribes are suing two California county sheriff's departments and the California Highway Patrol, alleging they violated state and federal law by conducting gunpoint raids on cannabis cultivation sites on tribal land without their permission.
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April 30, 2025
Trump Pick To Lead DEA Noncommittal On Pot Rescheduling
President Donald Trump's pick to lead the U.S. Drug Enforcement Administration told a U.S. Senate committee on Wednesday that he was not up on a pending proposal to loosen federal restrictions on marijuana and did not confirm whether he would see the process through.
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April 30, 2025
Kratom Cos. Get False Ad, Addiction Suit Tossed
A California federal judge has dismissed a proposed class action alleging Thang Botanicals and FTLS Holdings LLC mislead consumers about addictive qualities of their kratom products after the plaintiffs failed to file an amended complaint on time.
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April 29, 2025
SEC Sues Over Cannabis Co. Stock Manipulation Scheme
A trio of Arizona men face U.S. Securities and Exchange Commission allegations they manipulated trading prices for a purported cannabis industry penny stock issuer, generating proceeds of nearly $21 million as they worked to pump up its shares.
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April 29, 2025
Ex-Pot Water CEOs Denied Bid For More Info In Stock Case
An Ohio federal judge on Tuesday denied bids by former CEOs of and others associated with American Premium Water Corp. for bills of particulars on an indictment alleging they manipulated the company's stock prices, finding the indictment gives them enough information to prepare their defenses.
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April 29, 2025
Dem Reps. Introduce Bill To Repeal Ban On Fed. Pot Studies
The co-chairs of the Congressional Cannabis Caucus on Tuesday introduced a bill to eliminate a portion of federal law blocking the Office of National Drug Control Policy from researching use of substances on Schedule I of the Controlled Substances Act.
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April 29, 2025
Five Federal Pot Law Cases Sent Back To DC Superior Court
A District of Columbia federal judge has remanded to the city's Superior Court five cases from cannabis companies challenging the city's regulations after granting the companies' motion to dismiss all federal claims from the cases.
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April 28, 2025
Century Surety Seeks Exit From Vape Battery Lawsuit
Insurance provider Century Surety Co. says it shouldn't be on the hook for the legal defense of a smoke shop being sued by a customer who was burned when a vape pen battery caught fire in his pocket, arguing that one defendant isn't actually covered under the larger policy and the incident did not take place at one of the insured's retail locations.
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April 28, 2025
Cannabis Firms Say 'Rogue' CBP Can't Seize State-Legal Pot
A group of cannabis companies are urging a New Mexico federal court not to throw out their suit alleging that U.S. Customs and Border Protection wrongly seized products, money and vehicles at checkpoints, saying the "rogue agency" can't treat marijuana differently than every other federal agency does.
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April 28, 2025
Ala. Medical Pot Commission Sued Over Patient Registry
A group of Alabama medical cannabis patients sued the state's Medical Cannabis Commission over the lack of a patient registry despite what they said were numerous laws obligating it to create one.
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April 28, 2025
Prior Suit Dooms Guest's Suit Over Toss From Hotel Over Pot
A Texas federal court has thrown out a man's lawsuit alleging he was illegally thrown out of a hotel for using cannabis, saying he can't take "another bite of the apple" after losing an identical case in state court.
Expert Analysis
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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The Licensure Landscape For Psychedelics Manufacturers
As the need for bulk manufacturing of psychedelic substances grows, organizations aiming to support clinical trials or become commercial suppliers must navigate a rigorous and multifaceted journey to obtaining a license from the U.S. Drug Enforcement Administration, say Kimberly Chew at Husch Blackwell and Jaime Dwight at Promega Corp.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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Bankruptcy Courts May Be Budding Open To Cannabis Cases
Two recent California bankruptcy court rulings, denying motions to dismiss the respective debtors' bankruptcies, provide persuasive authority to allow cannabis debtors the protections of federal bankruptcy law, say Noah Weingarten and Bethany Simmons at Loeb & Loeb.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Can Chapter 15 Bankruptcy Help Cannabis Businesses?
Attorneys at Fox Rothschild consider whether Chapter 15 may be used as a tool to liquidate U.S. assets of cannabis companies in foreign bankruptcy proceedings, and look at the statutory provisions that may have a bearing on the successful liquidation of assets under the Bankruptcy Code.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.