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October 08, 2024
Jackson, Kagan Target Loper Bright In Ghost Gun Case
U.S. Supreme Court Justice Ketanji Brown Jackson was uncharacteristically quiet during initial arguments Tuesday over the federal government's authority to regulate ghost guns. While her colleagues debated whether kits of unassembled parts qualify as firearms, she waited patiently to post a different question: Can courts now toss agency interpretations they don't like?
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October 08, 2024
Neb. Officials Cast Doubt On Medical Pot Legalization Effort
Nebraska state officials are alleging that signatures gathered by activists trying to put medical marijuana legalization on the ballot may be invalid because of purported irregularities and have asked a state judge to determine whether to void the legalization effort.
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October 08, 2024
Hemp Cos. Say 'Protectionist' NJ Law Violates Farm Bill
A group of hemp makers and distributors is urging a New Jersey federal court to grant them a win in their challenge to the state's soon-to-be-enacted restrictions on hemp products, saying the restrictions violate the 2018 Farm Bill and favor Garden State companies over out-of-state ones.
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October 07, 2024
Pepsi Employee Sues Over Health Plan's 'Tobacco Surcharge'
A Pepsi employee has hauled the snack and beverage multinational into New York federal court, alleging in a proposed class action that the company unlawfully imposes a "tobacco surcharge" on employees who use tobacco products while failing to adequately notify employees that they can instead join a company wellness program.
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October 07, 2024
Miss. Can't Use Federal Law To Squelch Pot Ads, 5th Circ. Told
A Fifth Circuit panel on Monday pushed attorneys for a Mississippi medical marijuana business and state officials to articulate when it is acceptable for governments to restrain commercial speech as it pertains to conduct that is illegal under federal law, but regulated under state law.
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October 07, 2024
NJT Cop Can't Overturn Firing Over Positive THC Test
A New Jersey appeals panel won't upend a decision by the New Jersey Transit Corp. police chief terminating an officer for testing positive for THC, rejecting the officer's argument that the chief wrongly deviated from an administrative law judge's determination that the test was unreliable.
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October 07, 2024
6 High Court Cases To Watch For Trial Attorneys
As the U.S. Supreme Court lifts the curtain on a new term, the justices are slated to consider a variety of cases impacting the work of trial litigators, including a death penalty case over a state-disavowed conviction, the boundaries of the Racketeer Influenced and Corrupt Organizations Act, and corporate veil piercing.
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October 04, 2024
Top 5 Supreme Court Cases To Watch This Fall
The U.S. Supreme Court will hear several cases in its October 2024 term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons. Here, Law360 looks at five of the most important cases on the Supreme Court's docket so far.
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October 04, 2024
Hemp Org, Cheech & Chong Seek Halt Of Calif. Hemp Ban
A leading hemp industry trade organization, along with the cannabis brand fronted by stoner comedians Cheech & Chong, have asked a Los Angeles state judge to halt enforcement of new California emergency regulations banning the sale of hemp products with THC.
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October 04, 2024
US Defends Decision Denying H-1B Visa Relocation Request
The U.S. government is urging a California federal judge to throw out claims from a company that sells software to cannabis businesses alleging that U.S. Citizenship and Immigration Services arbitrarily denied an H-1B visa worker's relocation request, saying the government was required to determine if the work would violate federal law.
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October 04, 2024
Ore. Court Reverses Transfer Of Pot Facility's Tax Account
A property tax account for the interior improvements in an Oregon warehouse leased to a marijuana grower was improperly reassigned from the grower to the warehouse owner, the state's tax court said, reversing a change made by a local assessor.
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October 04, 2024
High Court Takes Up E-Cig 'Forum Shopping' Appeal
The U.S. Supreme Court on Friday agreed to review a Fifth Circuit ruling that allowed out-of-circuit e-cigarette manufacturers to seek judicial review before the New Orleans-based court so long as the petition is joined by a seller located in the circuit.
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October 03, 2024
Trulieve Sues Fla. Republican Party Over Anti-Weed Ads
Trulieve, which is Florida's largest medical marijuana company and the principal backer of a ballot initiative to legalize cannabis in the Sunshine State, has sued the state's Republican Party and a pair of television stations for defamation, alleging that they ran misleading anti-weed ads.
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October 03, 2024
Medical Pot Expansion Effort Notches Win In Ark. High Court
The Arkansas Supreme Court has granted an injunction to the activists behind a ballot measure to expand medical marijuana access and ordered the state's secretary of state to verify signatures submitted by the campaign which he had previously deemed invalid.
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October 03, 2024
12 Lawyers Who Are The Future Of The Supreme Court Bar
One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.
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October 03, 2024
EEOC Says Colo. Pot Shop Fired Budtender Over Disability
The U.S. Equal Employment Opportunity Commission is suing a Colorado marijuana dispensary, alleging that it fired a budtender for memory issues stemming from a mini stroke when she was nine years old, while privately calling her a "fruitcake."
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October 02, 2024
Montana Sheriff Secures Win In Medical Pot Grow Lawsuit
A Montana federal judge has ruled against a onetime cannabis grower who alleged that county law enforcement officials and a neighboring ranch colluded to investigate his property and place him under arrest on false premises.
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October 02, 2024
Cannabis Co. Worker Seeks To Decertify Union In NJ
A Green Thumb Industries employee backed by the National Right to Work Foundation is looking to decertify the union that represents the cannabis company's New Jersey employees, the anti-union group announced Wednesday.
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October 02, 2024
Ranking House Dems Urge Swift DEA Action On Pot Reform
A pair of House Democratic committee ranking members have urged the Drug Enforcement Administration to act quickly to loosen federal restrictions on marijuana and suggested that federal agencies should consider descheduling the drug altogether.
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October 02, 2024
Maine's First Female Federal Judge To Take Semiretired Status
U.S District Judge Nancy Torresen, the first woman to hold a federal judgeship in Maine, will take semiretired status next year.
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October 02, 2024
Tilray Gets Investor Stock Suit Scrubbed For Good
A New York federal judge has dismissed with prejudice an investor suit alleging cannabis company Tilray Inc. and its officers misled investors about a co-branding agreement's prospects, saying the latest amended complaint fails to show that the company's CEO had intent to defraud or other nefarious motives.
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October 01, 2024
From AI To Enviro: The Top Biz Bills Calif. Gov. Inked Into Law
California Gov. Gavin Newsom signed hundreds of bills into law ahead of an Oct. 1 deadline, meaning major changes are on the horizon for employers, tech companies, healthcare providers and others doing business in the Golden State.
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October 01, 2024
Activists Sue Ark. Officials Over Medical Pot Ballot Measure
Activists attempting to put a measure that would expand medical marijuana access in Arkansas on the ballot brought a lawsuit against John Thurston, the state's secretary of state, on Tuesday, one day after he said that the campaign did not have enough signatures to qualify for the ballot.
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October 01, 2024
Ex-CBD Exec Must Face SEC Fraud Suit Over $13M Deal
The U.S. Securities and Exchange Commission sufficiently backed its claims that a former cannabidiol products executive misled investors, including by making false statements in press releases, a Connecticut federal judge has ruled.
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October 01, 2024
DOJ Says It Is Constitutional To Disarm Pot Patients
The U.S. Department of Justice told a Pennsylvania federal judge Tuesday that a federal policy barring medical marijuana patients from lawfully possessing firearms is constitutional, and it urged the court to dismiss a legal challenge to the statute.
Expert Analysis
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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Tips On Numerical Range From Fed. Circ. Philip Morris Ruling
The Federal Circuit's recent RAI v. Philip Morris decision that a patent provided sufficient written description to support a claimed numerical range offers several takeaways for practitioners, including the need for a cautious approach to criticism of ranges, say attorneys at BCLP.
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What's At Play In Rising Lanham Act Cases At The ITC
Amid an uptick in Lanham Act claims involving false advertising related to medical devices at the U.S. International Trade Commission, Brian Busey and Maryrose McLaughlin at MoFo discuss recent ITC complaints from Eli Lilly and R.J. Reynolds, Lanham Act claim limits under the Federal Food, Drug, and Cosmetic Act, and the issues practitioners face in this realm.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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A New Push To Clear Up Marijuana's Foggy Legal Status
A recently publicized U.S. Food and Drug Administration recommendation to reschedule marijuana has reignited discourse over the drug's federal legal status — and although rescheduling would mitigate the legal risks for the industry and drastically increase the resources available for industry participants, the path forward will not be clear cut, say Joseph Cioffi and Louis DiLorenzo at Davis+Gilbert.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Series
ESG Around The World: Gulf Cooperation Council
The Gulf Cooperation Council is in the early stages of ESG policy implementation, but recent commitments by both states and corporations — including increases in sustainable finance transactions, environmental commitments, female representation on boards and human rights enforcement — show continuing progress toward broader ESG goals, say attorneys at Cleary.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.