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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WEDNESDAY, AUGUST 13, 2025 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

2nd Circ. Rules Dormant Commerce Clause Covers Marijuana

By Sam Reisman

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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Maryland Says It's Immune To Hemp Cos.' Challenge To Regs

By Mike Curley

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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Vape Interests Defend Suit Against NC E-Cigarette Law

By Jonathan Capriel

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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LITIGATION

Reynolds Asks Justices To Eye Patent Damages In $95M Case

By Ryan Davis

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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EXPERT ANALYSIS

Conflicting Developments In Homelessness Legal Landscape

Looking at an executive order and Third Circuit opinion from last month highlights the ongoing tension in homelessness-related legal issues facing state and local governments, property owners, and individuals experiencing homelessness, says Josh Collins, an attorney for the City of South Salt Lake.

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Opinion

Bar Exam Reform Must Expand Beyond A Single Updated Test

Recently released information about the National Conference of Bar Examiners’ new NextGen Uniform Bar Exam highlights why a single test is not ideal for measuring newly licensed lawyers’ competency, demonstrating the need for collaborative development, implementation and reform processes, says Gregory Bordelon at Suffolk University.

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LEGAL INDUSTRY

Should Judges Explain En Banc Votes? 6th Circ. Can't Agree

By Carolyn Muyskens

Two Sixth Circuit judges clashed Tuesday over appellate judges writing opinions to explain their votes on en banc petitions, as one longtime judge called the practice "offensive to our system of panel adjudication."

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Kelley Drye Hit With Class Action Over Client Data Leak

By James Boyle

Poor security measures and inadequately trained employees at Kelley Drye & Warren LLP contributed to a data breach that exposed the personal information of clients earlier this year, according to a complaint filed in New York state court seeking to form a class action.

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NJ US Atty Defends Status, Says She Is 'Validly Serving'

By Ryan Boysen

Acting New Jersey U.S. Attorney Alina Habba has hit back against criminal defendants who claim her contentious appointment violates the U.S. Constitution, saying everything is above board and a "lengthy period of acting service is not unusual."

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Analysis

Decision In $50B Yukos Case Raises Interesting Question

By Caroline Simson

The D.C. Circuit's decision last week reviving Russia's bid to escape litigation to enforce $50 billion in arbitral awards has raised what experts say remains a "very open" question — are U.S. courts obligated to defer to foreign courts that affirm an arbitral award issued under their law?

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NY Civil Rights Advocates Want ICE Holding Space Shut Down

By Marco Poggio

New York City immigrant rights advocates are calling for the closure of what appears to be an unofficial detention center for noncitizens hosted in a federal building in Lower Manhattan following a federal court injunction Tuesday that ordered U.S. Immigration and Custom Enforcement to "meet baseline conditions" inside the facility.

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Trump Taps Democratic Commissioner As Acting FERC Chair

By Keith Goldberg

President Donald Trump on Wednesday named Democratic Commissioner David Rosner as acting chair of the Federal Energy Regulatory Commission, citing his support for expanding the electric grid to better serve data centers and artificial intelligence, which is an administration priority

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GSA Strikes Anthropic Deal For Access To Generative AI

By Sarah Martinson

The U.S. General Services Administration has made a deal with artificial intelligence developer Anthropic for the company to offer its generative AI tool Claude to all three branches of the federal government, including courts, at the cost of $1 for a year.

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COMPANIES IN TODAY'S NEWS

Altria Group Inc.

American Civil Liberties Union

Anthropic PBC

Google LLC

Hobby Lobby Stores

New York Immigration Coalition

OpenAI OpCo LLC

PJM Interconnection LLC

Reynolds American Inc.

Talen Energy Corp.

Vapor Technology Association

LAW FIRMS IN TODAY'S NEWS

Bodman PLC

Brown Rudnick

Chaffetz Lindsey

Jones Day

Kelley Drye

Levy Konigsberg

MoloLamken

Paul Weiss

Robinson Bradshaw

Strauss Borrelli

Thompson Hine

Vinson & Elkins

Weil Gotshal

GOVERNMENT AGENCIES IN TODAY'S NEWS

City of New York

Federal Bureau of Investigation

Federal Energy Regulatory Commission

Food and Drug Administration

International Trade Commission

Louisiana Court of Appeal, Fifth Circuit

Louisiana Supreme Court

Maryland Attorney General's Office

New York Attorney General's Office

New York Office of Cannabis Management

North Carolina Department of Justice

U.S. Attorney's Office for the District of New Jersey

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Defense

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. District Court for the Central District of California

U.S. District Court for the District of Maryland

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of North Carolina

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Southern District of New York

U.S. General Services Administration

U.S. Senate

U.S. Supreme Court