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Cannabis
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August 18, 2025
Judge Rejects Energy Co.'s Bid To Toss $200M Hemp Suit
AES Clean Energy Development LLC's argument that it was not the party responsible for breaking irrigation lines leading to an alleged $200 million in damages to two hemp growers is a problem to still resolve in a lawsuit against the company, a Colorado federal judge found in denying a motion to dismiss on Monday.
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August 18, 2025
Cannabis Interests Challenging Federal Pot Ban Get Extension
The U.S. Supreme Court has said that marijuana companies challenging the federal ban on cannabis can have until October to submit their petition for a writ of certiorari.
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August 18, 2025
DEA Asks Health Officials To Review Psilocybin Rescheduling
The U.S. Drug Enforcement Administration has transmitted a request to loosen federal restrictions on psilocybin, the main compound in psychoactive mushrooms, to federal health officials for a scientific and medical analysis, according to emails reviewed by Law360.
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August 18, 2025
RI, Wash. Say 2nd Circ. Dormant Commerce Pot Ruling Is Inapt
Officials from Rhode Island and Washington state have said in separate letters to federal circuit courts that the Second Circuit's determination last week that the Constitution's dormant commerce clause applied to marijuana should not affect their pending appeals in related cases.
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August 15, 2025
Mich. Bank Keeps Arbitration Win Against Scammed Law Firm
A marijuana industry-focused law firm must pay its bank nearly $373,000, a deficit sustained after a Nigerian scammer tricked the firm into cashing fraudulent Canadian checks, a Michigan appeals court ruled, rejecting arguments that the bank had a duty to protect the firm "from its own mistakes."
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August 15, 2025
Smoke Shop Tells Panel It's Owed Defense Over Fatal Crash
A North Carolina smoke shop urged a state appeals court to find that its insurer must defend it in a lawsuit alleging that an individual who consumed nitrous oxide products from the shop caused a fatal auto collision, noting it has already disputed underlying allegations of negligence.
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August 15, 2025
Vape Cos. Urge 4th Circ. To Halt NC E-Cigarette Law
A coalition of vaping interests is urging the Fourth Circuit to find that a North Carolina law prohibiting the sale of e-cigarettes not approved by the U.S. Food and Drug Administration is blocked by federal policy.
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August 15, 2025
La. Eyes Pause On Suit While Congress Mulls Future Of Hemp
Louisiana officials on Thursday asked a federal judge to pause a lawsuit challenging the state's hemp law while Congress considers the future of federal hemp policy.
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August 15, 2025
LA Judge Upholds $2M Award In Cannabis Investment Battle
A Los Angeles state court judge upheld a $2.25 million judgment against the manager of a medical marijuana collective accused of defrauding an investor, chastising him for "never even" attempting to bring in key evidence that would allegedly help his case.
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August 14, 2025
Insurer Avoids Bad Faith Claims In $2M Vandalism Case
A California state court dismissed a property owner's claims that its insurer refused in bad faith to cover nearly $2 million in vandalism losses after its tenant, a cannabis cultivator, ended its lease, but found the owner's breach of contract claim can still proceed to trial.
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August 14, 2025
Maryland Budtenders Win Class Cert. In Curaleaf Tip Suit
Budtenders who work for Curaleaf Inc.'s Maryland dispensaries scored conditional class certification in their lawsuit accusing the company of taking their tips and paying them to managers in violation of the Fair Labor Standards Act.
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August 14, 2025
Hemp Sellers Can Challenge NY Raids Outside Court
An administrative law judge has ruled that a group of hemp sellers can raise constitutional challenges in administrative proceedings over raids they say were illegally conducted by New York's Office of Cannabis Management.
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August 13, 2025
NYC Pot Shops Can't Revive Suit Over Marijuana Crackdown
A federal judge will not reconsider his decision to end a lawsuit filed by more than two dozen companies that claim their due process rights were violated when New York City closed some of their stores on claims they were unlicensed cannabis operations, saying they brought nothing new for the court to ponder.
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August 13, 2025
Colo. Dispensary Says Weed Regulator Made Invalid Rule
The owners of a cannabis company told a state judge on Tuesday that an industry bulletin posted about them by Colorado's marijuana regulator was "quasi-legislative" and created new enforcement rules in the industry without approval.
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August 13, 2025
Cannabis' Social Equity Efforts In Doubt After 2nd Circ. Ruling
A Second Circuit decision Tuesday, finding that the Constitution's dormant commerce clause applies to the federally illegal marijuana industry, further constricts states' ability to implement programs intended to award so-called social equity licenses favoring those harmed by past cannabis prohibition, experts told Law360.
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August 13, 2025
Calif. Firm Says Pot Co. Co-Owners Stiffed On Buyout Deal
A California firm is suing its former business partners in state court, alleging that they failed to pay up on a partnership withdrawal agreement and still owe more than $280,000 for the firm's 15% share of a cannabis business.
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August 12, 2025
Vape Interests Defend Suit Against NC E-Cigarette Law
A group of vaping industry interests are fighting to keep alive their federal lawsuit that seeks to stop North Carolina's ban on many types of e-cigarettes, saying the state is interfering with the federal government's intentional approach to regulating the industry.
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August 12, 2025
Reynolds Asks Justices To Eye Patent Damages In $95M Case
R.J. Reynolds has asked the U.S. Supreme Court to review a $95 million verdict against it for infringing Altria vape patents, saying the Federal Circuit is flouting high court precedent that patent damages can only be based on the value of the patented features.
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August 12, 2025
2nd Circ. Rules Dormant Commerce Clause Covers Marijuana
A split Second Circuit panel on Tuesday ruled that, despite marijuana's federal illegality, the U.S. Constitution prohibits states from privileging their own residents when awarding licenses to cannabis businesses.
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August 12, 2025
Maryland Says It's Immune To Hemp Cos.' Challenge To Regs
The state of Maryland and its regulators are urging a federal court to toss hemp companies' challenge to a state regulation requiring licenses for intoxicating hemp-derived products, saying the claims are blocked by sovereign immunity under the 11th Amendment.
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August 11, 2025
Consumers Say Vape Makers Can't Escape Price-Fixing Suit
Buyers of cannabis vape brand CCell are pushing back on two bids seeking to dismiss their consolidated proposed consumer class action in California federal court accusing the Chinese manufacturers and U.S. distributors of organizing a price-fixing scheme, saying the companies' interpretation of antitrust law creates a legal loophole.
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August 11, 2025
Canadian CEO Nabs Partial Win In Border Dispute
The U.S. Department of Homeland Security cannot end a lawsuit accusing it of retaliating against the Canadian CEO of a cannabis harvesting equipment company, a Washington federal judge ruled, rejecting government arguments that the case is totally moot because it lifted its initial deportation order against the executive, noting that the government hasn't restored his trusted traveler status.
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August 11, 2025
Judge Rules NYC Can Enforce Kava Cafe Shutdowns
A Manhattan federal judge has ruled that New York City public health and safety officials were within their authority to issue shutdown orders to restaurants that served kava, a federally unregulated psychoactive plant derivative.
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August 08, 2025
Colo. Conviction Axed Over Man's 'Rambling' Midtrial Speech
A man who was allowed to go on an incoherent rant before a jury while wearing prison clothes and was subsequently sentenced to 12 years in prison for growing marijuana will get a new trial, a Colorado state appeals court said, finding that his unsworn ramblings undoubtedly deprived him of a fair hearing.
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August 08, 2025
LA Judges Tosses Suit Over $5.7M Pot Loss In Fire
A Los Angeles cannabis entrepreneur must pay the legal fees of his neighbor, whom he sued for $5.7 million on claims that the defendant allowed his property to become a fire hazard through lax safety standards and by allowing transient people to live there, resulting in an inferno which destroyed millions of dollars worth of cannabis flower.
Expert Analysis
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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.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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Notable 2024 Trademark Cases And What To Watch In 2025
Emerging disputes between established tech giants and smaller trademark holders promise to test the boundaries of trademark protection in 2025, following a 2024 marked with disputes in areas ranging from cybersquatting to geographic marks, says Danner Kline at Bradley Arant.
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Ring In The New Year With An Updated Employee Handbook
One of the best New Year's resolutions employers can make is to update their employee handbooks, given that a handbook can mitigate, or even prevent, costly litigation as long as it accounts for recent changes in laws, court rulings and agency decisions, say attorneys at Kutak Rock.