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Cannabis
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October 24, 2025
Pot Nonprofit Defends Timeliness Of Discrimination Claim
A Black entrepreneur who was denied a marijuana license eight years ago should be allowed to pursue his discrimination lawsuit against the Washington State Liquor and Cannabis Board, the businessman told a federal court this week, saying he just recently caught wind of the favorable treatment the board gave white-owned businesses over minority-owned ones.
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October 24, 2025
Okla. Drug Enforcers Claim Immunity Against Hemp Seizure Suit
Oklahoma drug enforcers urged a federal judge Friday to dismiss a $4 million lawsuit brought by hemp companies alleging state and local law enforcement wrongfully seized a shipment of federally lawful hemp bound from California to North Carolina.
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October 23, 2025
NY AG Sues Vape Shop Owners For Selling To Kids
New York's attorney general is looking to permanently shut down two smoke shops and ban their owners from ever working in the vape industry again, claiming they flagrantly sold illegal flavored vapes to customers including children, according to a petition filed Oct. 23.
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October 23, 2025
SEC Being Misled In CBD Fraud Fight, CEO Claims
The U.S. Securities and Exchange Commission has "unwittingly" taken the side of a former partner with a terminated licensing agreement, a pharmaceutical CEO told a California federal court this week, asking for summary judgment on the SEC's core claims that he defrauded investors.
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October 23, 2025
2nd Circ. Won't Rehear Cannabis Dormant Commerce Case
The Second Circuit on Wednesday denied New York cannabis regulators' petition to reconsider a panel's split ruling that the U.S. Constitution bars states from privileging their own residents when awarding licenses to cannabis businesses.
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October 23, 2025
Fla. Court Pauses Marijuana Patients' Gun Rights Case
A Florida federal judge on Thursday agreed to pause a case weighing the constitutionality of a federal ban on medical marijuana patients owning guns after the U.S. Supreme Court recently said it would take up a case on a similar question.
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October 22, 2025
Origins Tech Settles $4M Suit Over Canceled Pot License
Cannabis brand holding and investment company Origins Tech Inc. has settled its legal fight with a Utah cannabis retailer, with both agreeing to drop claims and counterclaims alleging nearly $1 million in unpaid loans and breached contracts.
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October 22, 2025
RJR Says 'Carbon Neutral' Vape Claim Was Not Deceptive
R.J. Reynolds companies, claiming they were telling the truth when asserting their Vuse e-cigarette was the "first carbon neutral" vape on the market, urged a California federal judge on Tuesday to dismiss consumers' proposed class claims they engaged in deception.
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October 22, 2025
Seltzer-Maker Seeks Toss Of 'Impossible' Kratom Claims
Seltzer-maker Mitra-9 Brands LLC is urging a Washington state federal judge to throw out a proposed class action alleging that it hid the addictive qualities of the ingredient kratom from buyers, saying the named plaintiff's claims are "impossible" because he alleges buying the drinks before the company existed.
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October 22, 2025
NC Biz Court Bulletin: COVID Coverage, A Suspect Signature
The North Carolina Business Court has rounded the corner into fall with insurance disputes over COVID-19 coverage at a chain of outlet malls and the theft of over $900,000 in legal THC reportedly stolen from a warehouse in the Southwest.
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October 22, 2025
Mass. Cannabis Lab's Suit Against Rivals Trimmed
A Massachusetts state judge will allow a cannabis testing lab to pursue unfair competition claims against more than half a dozen competitors it accuses of fudging potency and purity test results to lure growers to their businesses, but not claims of unjust enrichment or tortious interference.
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October 21, 2025
Kratom Drink Co. Wants 'Internally Inconsistent' Suit Tossed
It can't both be true that beverage maker Mitra-9 concealed from consumers the "addictive nature" of its kratom products and that, for decades, "Western Civilization" has known the substance is "highly addictive," the company told a New York federal court when urging for the dismissal of a proposed class action suit.
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October 21, 2025
Frank's Landing Fights State Court Over School Jurisdiction
A self-governing dependent Indian community has sued a Washington state court clerk in federal court, seeking to stop her from asserting jurisdiction over an underlying dispute about the replacement of a superintendent at a school in Indian country.
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October 21, 2025
Hemp Co. Alleges Fraud Over $574K Late Kratom Delivery
A Colorado hemp company has sued two other businesses and their owners in state court, accusing them of violating a purchase agreement when they delivered nearly 100 kilograms of mitragynine extract, commonly known as kratom, several months after it had canceled the agreement.
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October 21, 2025
Third Tribe Signs Deal To Open Cannabis Shops In Minnesota
Minnesota has signed a compact with the Prairie Island Indian Community to allow the federally recognized tribe to issue licenses for eight cannabis retailers outside its reservation along with licenses to grow and manufacture the plant, the third such deal the state has made with a tribe.
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October 21, 2025
Pa. Senators Advance Bipartisan Cannabis Regulatory Bill
A Pennsylvania state Senate committee on Tuesday advanced a bill to create a new regulatory agency to oversee the state's medical marijuana program and market for hemp products.
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October 20, 2025
Vape Co. Can't Resume Selling 'Breeze' Products
A New Jersey hookah and vape company suffered two setbacks in its legal battle over the "Breeze" trademark, with a Michigan federal judge refusing to lift a court order blocking it from using the mark and throwing out its counterclaims against the rival who initiated the litigation.
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October 20, 2025
Samsung Must Face Vape Battery Injury Suit, Minn. Court Says
A Minnesota state appeals court has ruled that a subsidiary of Samsung must face a lawsuit regarding a vape pen battery that exploded in a man's pocket, saying the company was likely aware that some of the nearly 3 million batteries it shipped to the state were being used in e-cigarettes.
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October 20, 2025
Pot Cos. Say THC Potency Suit Can't Hold Up To Scrutiny
A group of cannabis companies is urging an Illinois federal court to throw out claims that they sold edible oils as concentrates to get around THC limits, saying the plaintiff can't pivot to base his claims on injuries he hasn't suffered.
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October 20, 2025
Court Tosses Constitutional Challenge To Md. Pot Licensure
A Maryland federal judge on Monday dismissed a cannabis entrepreneur's constitutional challenge to the state's social equity marijuana licensure program, saying the U.S. Constitution's dormant commerce clause does not apply to cannabis.
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October 20, 2025
High Court To Hear Case Asking If Drug Users Can Have Guns
The U.S. Supreme Court decided on Monday to address "a four-way circuit conflict" over whether it is legal to prevent users of drugs — including marijuana, which the majority of states have legalized in some fashion — from possessing firearms.
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October 17, 2025
'Small Tobacco' Cos. Challenge Va. Ban On Flavored Vapes
Virginia vape companies are looking to stop the state from enforcing a ban on flavored e-cigarettes endorsed by "Big Tobacco," calling the law unconstitutional because it runs afoul of the supremacy clause by having state officials enforce federal tobacco law, according to a lawsuit filed in federal court.
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October 17, 2025
Altria, Juul May Face Certified 'Frankenstein' Antitrust Class
A California federal judge indicated on Friday that he will likely certify classes of direct and indirect purchasers accusing e-cigarette makers Juul and ex-rival Altria of violating antitrust laws by conspiring to reduce product variety on the market, although Altria's lawyer urged the judge to reconsider and avoid a "Frankeinstein" for damage calculations.
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October 17, 2025
CVS Can't Dodge Tobacco Surcharge Suit, Employee Says
CVS shouldn't be allowed to escape a proposed class action claiming it illegally charged higher fees to health plan participants and their spouses due to their use of tobacco, an employee argued Friday, urging a California federal court to reject the company's assertion that he didn't have standing.
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October 17, 2025
NM Medical Cannabis Co. Tells Tax Court 280E Does Not Apply
A New Mexico medical marijuana company said Friday that a federal policy barring cannabis enterprises from taking ordinary business deductions should not apply, and the company is entitled to a refund for overpayment.
Expert Analysis
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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High Court E-Cig Ruling Opens Door For FDA Challenges
There will likely be more challenges to marketing denial orders brought before the Fifth Circuit following the Supreme Court's recent ruling in U.S. Food and Drug Administration v. R.J. Reynolds Vapor Co., where litigants have generally had greater success, say attorneys at Troutman Pepper.
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9th Circ. Qualified Immunity Ruling May Limit Phone Searches
Though the Ninth Circuit affirmed police officers’ qualified immunity claims in Olson v. County of Grant earlier this year, it also established important Fourth Amendment precedent on the use of cellphone extractions that will apply more broadly in criminal investigations and prosecutions, say attorneys at The Norton Law Firm.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Breaking Down The Proposed Hemp Bill
A proposed bill in the U.S. House of Representatives, recently approved by the House Appropriations Committee, contains a rider that would significantly change the definition of hemp and dramatically reshape the current hemp-derived product market, say attorneys at King & Spalding.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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How To Prep For Potential Passage Of SAFER Banking Act
The Secure and Fair Enforcement Regulation, or SAFER, Banking Act, could fundamentally reshape how financial institutions interact with cannabis businesses, so operators that move now to get their house in order will be best positioned to capitalize if and when change comes, says Alex Leonowicz at Howard & Howard.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.