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Cannabis
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March 14, 2024
Conservative Firm Joins Bias Suit Against NY Pot Regulators
Conservative law group Pacific Legal Foundation has decided to represent a would-be cannabis dispensary that claimed New York state's social equity program discriminated against them because they were white men, filing an amended complaint against state regulators which dropped from the suit words "Caucasian" and "white."
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March 14, 2024
Cannabis Cos. Say Federal Position On Pot Is Irrational
The federal ban on marijuana is plainly irrational and negatively affects operators in state-regulated cannabis markets, depriving them of their constitutional rights, a group of marijuana companies told a Massachusetts federal judge on Friday.
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March 14, 2024
NJ Law Firm Avoids Malpractice Suit Over Texas Kratom Death
A Lone Star State appeals court let the New Jersey-based Oshman Firm LLC off the hook on jurisdictional grounds Thursday in a malpractice lawsuit filed by a Texas father who faulted the firm for not filing a wrongful death lawsuit before the statute of limitations expired.
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March 14, 2024
Ariz. AG Says Delta-8 THC Products Unlawful For General Sale
Arizona's attorney general has issued a formal legal opinion finding that retailers who are not approved to sell marijuana cannot lawfully sell intoxicating products derived from hemp, such as products containing delta-8 THC and delta-10 THC.
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March 13, 2024
Mass. Gov. Announces Pardon Plan For Marijuana Possession
Massachusetts Gov. Maura T. Healey has announced plans for sweeping pardons of misdemeanor cannabis possession convictions, following the directive of President Joe Biden, who urged state executives to follow his lead in pardoning low-level marijuana offenses.
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March 13, 2024
Juul Investor Tells Chancery: 'We Were Trying To Help'
A director of Juul Labs Inc. denied on Wednesday that he kept the company out of bankruptcy in 2022 to profit from his own investments, telling Delaware's Chancery Court that he helped Juul refinance and backstopped millions worth of settlements because he wanted the e-cigarette company to succeed.
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March 13, 2024
Ex-CFO Raided Corporate Funds, Trulieve Suit Claims
Florida's largest medical marijuana company, Trulieve, is suing its former chief financial officer in federal court, claiming he misused his corporate credit card, charging "hundreds of thousands of dollars" for expensive clothing, vacations and attorney fees and fraudulently received reimbursement for personal expenses.
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March 13, 2024
Santa Barbara County Wants Pot Raid Suit Tossed Again
The county of Santa Barbara is asking a California federal court to once again throw out a cannabis farmer's claim that his farm was illegally raided by the sheriff's office, saying the latest complaint still falls short of alleging facts to support the claims.
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March 12, 2024
Patent Deal Brings End To Philip Morris Import Ban
The U.S. International Trade Commission has decided to pull its import ban on a line of Philip Morris heated tobacco products following a settlement of its patent fight with British American Tobacco, over the objections of the agency's own in-house lawyers.
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March 12, 2024
Reps Push Regulators For Answers On Marijuana Research
A bipartisan pair of congress members on opposite sides of the cannabis legalization issue joined forces on Tuesday to blast federal agencies for not effectively implementing a bill whose stated purpose was to expedite research into marijuana's potential harms and benefits.
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March 12, 2024
Colo. Cannabis Brands Hit With $5.5M Creditor Suit
BellRock, the cannabis company behind brands such as Mary's Medicinals and Dixie, was hit with a lawsuit seeking $5.5 million in defaulted loans, weeks after the company announced its chief executive's departure and that it is considering restructuring debt.
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March 12, 2024
Pot Co. Says Commerce Clause Meant To Stop 'Trade Wars'
Cannabis company Peridot Tree WA Inc. is urging a Washington federal judge to reject a bid to dismiss its suit alleging the state's cannabis social equity licensing scheme violates the Constitution's dormant commerce clause, saying the court should find that it applies to cannabis businesses.
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March 11, 2024
Judge Blasts Instagrammer's Bid To Upend $1.6M Ruling
A lifestyle brand headed by Instagram celebrity Dan Bilzerian could face sanctions should it continue to recycle arguments for why it shouldn't be forced to pay a $1.6 million judgment to a consulting firm it was accused of cheating, a Nevada federal judge warned in an order denying the brand's motion for reconsideration.
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March 11, 2024
DC Circ. Mulls Tax-Exempt Status For Ayahuasca Church
A D.C. Circuit panel on Monday pushed counsel for an Iowa church that uses the psychedelic substance ayahuasca in its ceremonies to explain why the Internal Revenue Service erred in denying it tax-exempt status.
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March 11, 2024
CBD Co. Says Investors' Fraudulent Intent Claims Fall Short
Canopy Growth Corp. is urging a New York federal court to throw out claims that it misled investors about the prospects of a sports nutrition subsidiary, saying the proposed class action fails to establish a motive for the alleged fraud or that the cannabis company was aware that any statements it made were false.
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March 08, 2024
CBD Shop Seeks Relief From Fees For Lost Trial Against Cops
The owner of a shuttered CBD shop urged a Tennessee federal judge to free him from $35,000 in court costs for a trial he lost against the local cops who raided his shop, even though all of his products were legal, saying his net worth is in the red.
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March 08, 2024
Union Urges Affirming Reinstatement Award Over Pot Test
An aircraft mechanics union has asked a Washington federal judge to back an arbitration board's decision ordering Alaska Airlines to reinstate a unionized worker who testified positive for marijuana, saying the award was properly based on the parties' labor contract.
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March 08, 2024
Colo. Dispensary And Tracking Vendor Settle Fee Suit
A Colorado state judge has called off a trial between a dispensary chain and Metrc LLC, the company contracted by the state to track cannabis sales, after the two agreed to settle a lawsuit the retailer filed over monthly fees the vendor charged for its state-mandated services.
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March 08, 2024
Md. Pot Regulators Eye Win In Challenge To Social Equity Plan
Maryland cannabis regulators on Friday asked a federal judge to toss a lawsuit alleging the state's social equity scheme unconstitutionally discriminates against out-of-state players, asserting that there is no such thing as a federally legal marijuana market.
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March 08, 2024
Colo. Judge Sends Pot Co. Receivership Dispute To Arbitration
A member of a struggling cannabis cultivation and dispensary business alleging mismanagement by other owners must take its receivership battle to arbitration, after a Colorado state judge found that the company's operating agreement requires it.
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March 08, 2024
Hiller PC Says Ex-Atty Stole From Firm, Not The Reverse
Boutique firm Hiller PC told a New York state judge that a suit by a former attorney alleging she was underpaid should be trimmed, arguing that unjust enrichment claims fail because she was actually stealing money from the firm, not the other way around.
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March 08, 2024
Longtime Cannabis Atty From Bressler Joins Fox Rothschild
Fox Rothschild LLP announced that an experienced cannabis and financial services attorney who spent nearly two decades with Bressler Amery & Ross PC has moved to the firm's litigation practice as a partner in Morristown, New Jersey.
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March 07, 2024
Biden Blasts 'Hidden Fees' During State Of The Union
During what could be his last State of the Union, President Joe Biden touted on Thursday night his administration's efforts to protect consumers by combating such issues as "junk fees" and price gouging.
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March 07, 2024
NY Cannabis License Scheme Not Discriminatory, State Says
New York cannabis regulators have urged a federal judge to reject a bid seeking to temporarily halt the issuance of marijuana retail licenses by a company that claims the social equity program is biased against white male entrepreneurs, arguing that the company "fundamentally misunderstands" how the program works.
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March 07, 2024
Marijuana Store Retaliated After Complaint, Ex-Worker Says
An Atlantic City, New Jersey, marijuana dispensary fired one of its employees after she requested that "loud music" being played in the shop be turned down because it triggered her post-traumatic stress, paranoia and anxiety, the ex-worker says in a discrimination lawsuit filed in New Jersey state court.
Expert Analysis
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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Series
ESG Around The World: Singapore
Singapore is keen to establish itself as a leading international financial center and a key player in the sustainable finance ecosystem, and key initiatives led by its government and other regulatory bodies have helped the Asian nation progress from its initially guarded attitude toward ESG investment and reporting, say attorneys at Morgan Lewis.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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How Cannabis Cos. Are Adapting In Shifting Bankruptcy Arena
Recent bankruptcy cases show that federal courts have begun to demonstrate more openness to downstream businesses in the cannabis industry, and that even though receivership can be a viable option for those denied access to the bankruptcy system, it is not without its own risks and complexities, say attorneys at Troutman Pepper.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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Series
ESG Around The World: Mexico
ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.