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Cannabis
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July 17, 2025
FDA Warns Firms Over Illegal Kratom Product Marketing
The U.S. Food and Drug Administration has warned seven companies — including a California company facing a proposed class action — that they are illegally marketing products containing a potent kratom-derived compound, in letters that indicate intensified federal scrutiny of the opioid-like supplement.
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July 17, 2025
Omaha Tribe Leads Nebraska In Cannabis Legalization Push
The Omaha Tribe of Nebraska is now the first Indigenous nation in the state to legalize and regulate medical and recreational cannabis use on tribal lands, putting it ahead of the state currently embroiled in litigation over voter-approved ballot referendums on the issue.
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July 17, 2025
Ex-Burning Man, MAPS GC Joins Psychedelics Boutique
The former general counsel to both the organization behind the annual Burning Man festival and to the Multidisciplinary Association for Psychedelic Studies has joined the recently launched psychedelics firm Antithesis Law as of counsel, the firm announced Thursday.
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July 17, 2025
Iowa Church Says DEA Can't 'Pocket Veto' Drug Exemption
An Iowa church is asking the D.C. Circuit to force the Drug Enforcement Administration to rule on an application it filed more than six years ago for a religious exemption to use a psychedelic in its services, saying the DEA shouldn't be allowed to "pocket veto" the application and leave the church hanging.
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July 16, 2025
Juul Fights Bid To Revive Price Discrimination Suit
Juul Labs urged an Illinois federal court not to revive a gas station distributor's case accusing the e-cigarette company of giving a rival wholesaler a better deal, saying the court was right to toss the latest complaint because it failed to say where the wholesalers compete.
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July 16, 2025
Calif. Tribe Opposes Dismissal Of Suit Over Cannabis Raids
The Round Valley Indian Tribes urged a California federal court not to dismiss their claims against Mendocino County and its sheriff alleging they illegally raided cannabis growers on tribal lands, saying the complaint sufficiently contends that the sheriff and county have an ongoing policy of continuing the raids.
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July 16, 2025
Kratom Seltzers 'Addictive,' Wash. Class Suit Alleges
A proposed class of kratom product buyers is suing Mitra-9 Brands LLC in Washington federal court, alleging that the company knew — but failed to warn customers — that the products are addictive in the same way as opioids and can cause withdrawal symptoms.
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July 15, 2025
'NJ Weedman' Can Proceed With Suit Over City Hall Protest
The city of Trenton, New Jersey, can't escape a lawsuit filed by a cannabis advocate known as NJWeedman who claims the municipality violated his First Amendment rights by retaliating against him after he projected a "Batman-like" protest message on City Hall, a federal judge ruled, saying it might be "annoying" but it is protected speech.
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July 15, 2025
House Lawmakers OK Bill To Block DOJ Rescheduling Pot
A Republican-led House subcommittee approved language Tuesday that would stop the U.S. Department of Justice from loosening federal restrictions on marijuana through the administrative process.
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July 15, 2025
11th Circ. Backs Enhancements In Cocaine Trafficking Case
A federal appeals panel in the Eleventh Circuit on Tuesday published an opinion finding that a Florida man who pled guilty to federal drug trafficking charges was correctly given a sentence enhancement for career criminals after being found guilty in state court of other offenses including trafficking cocaine, and that he could not challenge the validity of his guilty plea.
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July 15, 2025
Ex-Navistar Worker Sues Over Tobacco Health Fee
A former employee sued International Motors LLC, formerly Navistar, in Illinois federal court Monday, saying it imposes "discriminatory and punitive health insurance surcharges" on workers who smoke without offering an alternative that would allow them to recoup the additional $600 they pay annually.
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July 15, 2025
Weedmaps, SPAC Officers Want Out Of Investor SEC Fine Suit
Cannabis tech company Weedmaps Technology Inc. and leaders of a blank check company that it merged with have asked to be released from an investor's proposed class action alleging damages following the U.S. Securities and Exchange Commission's announcement that it fined Weedmaps $1.5 million for allegedly making misleading statements about its monthly active users.
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July 15, 2025
NYC's Suit Against Flavored E-Cig Sellers Can Continue
A Manhattan federal judge on Monday rejected a bid by eight vape wholesalers to toss an action brought by New York City alleging the companies flooded the city with flavored e-cigarettes in violation of federal, state and local law.
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July 15, 2025
3rd Circ. Says Risk Of Harm Justifies Disarming Pot User
The Third Circuit has found that illegal drug users, including cannabis users, can be disarmed if their use is determined to increase the risk that they could pose a physical danger while possessing a gun, while finding that individual inquiry is necessary.
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July 14, 2025
Vape Groups Urge 4th Circ. To Stall NC E-Cigarette Law
Vape interests are urging the Fourth Circuit to temporarily stop North Carolina officials from enforcing a law that could prevent the sale of many types of e-cigarettes in the state, claiming the statute was pushed by "Big Tobacco" company Reynolds American Inc. and targets products that help people quit smoking.
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July 14, 2025
Noem Seeks Win In Suit Over SD Ban On Intoxicating Hemp
South Dakota's former governor, Homeland Security Secretary Kristi Noem, and current attorney general urged a federal judge on Monday to deliver a quick win to officials in a dispute over a law banning the processing of hemp derivatives into intoxicating products
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July 14, 2025
LA Investors Sue Partner After $40M Cannabis Deal Falls Apart
A group of Los Angeles investors are looking to shift liability to their former business partner as they face a $40 million lawsuit filed by a defunct cannabis manufacturer that has accused them of tanking its business and invalidating its cannabis license.
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July 14, 2025
Law Student Burned At Mass. Frat Party Sues Everclear Maker
A Boston University exchange student who suffered third degree burns after 190-proof Everclear was poured near open fire at a fraternity party that created an explosive fireball sued the product's manufacturer in Massachusetts federal court Sunday, arguing it dangerously markets the product for wide range of uses near flammable sources.
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July 11, 2025
Courts Face Early Push To Expand Justices' Injunction Ruling
In the two weeks since the U.S. Supreme Court curtailed federal judges' ability to issue universal injunctions, Trump administration attorneys have begun pushing to expand the decision's limits to other forms of relief used in regulatory challenges and class actions. So far, judges don't appear receptive to those efforts.
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July 11, 2025
Cannabis Industry Group Praises Hemp Ban In Spending Bill
A cannabis industry trade group has applauded a U.S. Senate committee's adoption of language in a federal appropriations bill that would ban consumable hemp-derived products with THC, while hemp industry stakeholders are seeking to use a one-year delay to amend a policy they say would kill the market.
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July 11, 2025
Calif. County Asks Justices To Deny 7th Amendment Review
A Northern California county is urging the U.S. Supreme Court not to hear a case arguing that the constitutional right to a jury trial should apply in instances of local law enforcement issuing civil penalties for alleged illicit marijuana growing.
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July 11, 2025
Smoke Shop's Default Lifted In Toys R Us Dilution Suit
A Connecticut federal judge on Friday set aside a default entry against a New Haven e-cigarette and cannabis accessories store accused of tarnishing Toys R Us trademarks, mooting a pending motion for judgment after the defendants retained counsel who appeared in the case.
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July 11, 2025
7th Circ. Tosses Korean Samsung Arm From Vape Battery Suit
The Seventh Circuit won't revive a minor's claims against South Korea-based Samsung SDI Co. Ltd. over his injuries from an exploding vape battery, saying there's too much of a "disconnect" between the company's marketing of batteries for use in battery packs and finished products and the sale of an individual battery like the one in this case.
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July 10, 2025
Calif. Vape Co. Drops Claims Over Allegedly Counterfeit G Pen
California-based GS Holistic LLC has reached a deal with a Michigan smoke shop that will end claims the retailer was selling counterfeit versions of its G Pen e-cigarettes without authorization at a fraction of the price, according to a notice issued by a federal judge.
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July 10, 2025
Pa. Sens. Unveil Bipartisan Plan To Legalize Marijuana
Pennsylvania lawmakers on Thursday unveiled a new bipartisan legislative proposal to legalize and regulate the sale of recreational marijuana in the Keystone State, after a previous proposal to legalize the sale of pot through state-run stores failed in the state Senate.
Expert Analysis
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Calif. Cannabis Decision Deepens Commerce Clause Divide
In Peridot Tree v. Sacramento, the Eastern District of California joined a growing minority of courts that have found the dormant commerce clause inapplicable to state-regulated marijuana, and the Ninth Circuit will soon provide important guidance on this issue, say attorneys at Perkins Coie.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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The Most Important Schedule I Drug Regulatory Shifts Of 2024
In 2024, psychedelics and cannabis emerged as focal points in medical research, marking a pivotal year in their legal and regulatory journey, but these developments presented both opportunities and challenges within this evolving field, say Kimberly Chew at Husch Blackwell and Stephen Kim at Avicanna.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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How DOGE's Bite Can Live Up To Its Bark
All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Looking Back At 2024's Noteworthy State AG Litigation
State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.