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Cannabis
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October 02, 2025
8th Circ. Won't Rehear Worker's Wrongful THC Firing Case
The Eighth Circuit on Wednesday declined to review its decision affirming a win for Peco Foods Inc. against a worker who claims he was wrongfully fired after testing positive for THC, keeping in place a panel ruling that Arkansas' at-will employment doctrine allowed for the termination.
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October 02, 2025
Investors Claim $1.7M Stolen In Colorado Pot Co. Fraud
The partial owner of a now-defunct marijuana company in Boulder, Colorado, has been accused in a state court lawsuit of conning investors out of more than $1.7 million by claiming they were buying into a grow and dispensary operation while actually pocketing "some or all" of the money.
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October 02, 2025
Fla. Appeals Court Seeks Higher Guidance On Pot Smells
A man searched by police officers due to a marijuana odor emanating from a car he was sitting in cannot have the fact that drugs were found in his sock be suppressed, a Florida state appeals court affirmed while asking the state's highest court to clarify whether police could search him today under such circumstances.
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October 02, 2025
4 Mass. Rulings You May Have Missed In September
One attorney scored an early exit from a malpractice suit, another must face a long-delayed arbitration, and a judge has requested more information on a proposed settlement in a class action brought by gamblers at a Massachusetts casino. Here are four rulings from Suffolk Superior Court's business litigation session in September.
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October 02, 2025
Vaping Co. Escapes Fume 5% Nicotine Label Suit, For Now
A Florida federal judge has tossed a proposed class action claiming that vape company QR Joy Inc. falsely advertises its Fume vaping products as having 5% nicotine when it is more than the amount in a combustible cigarette, saying it's a "shotgun" pleading.
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October 02, 2025
Oregon Cannabis Wholesaler Challenges Interstate Sales Ban
An Oregon marijuana and hemp wholesaler alleged in a new federal lawsuit Wednesday that a state law prohibiting interstate sales of locally cultivated cannabis is unconstitutional.
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October 02, 2025
Wis. E-Cig Law Treads On FDA's Turf, Vape Cos. Tell 7th Circ.
A group of vaping interests is urging the Seventh Circuit to issue an order blocking enforcement of a new Wisconsin law prohibiting the sale of e-cigarettes not approved by federal regulators, saying the district court was wrong in finding that the law is not preempted by the Food, Drug, and Cosmetic Act.
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October 01, 2025
LIRR Won't Owe Worker Back Pay Over Pot Firing
A New York federal judge ended a union's lawsuit seeking to secure back pay for a Long Island Rail Road worker who was fired after testing positive for marijuana but subsequently reinstated, saying the arbitration panel in the grievance acted within its authority under the Railway Labor Act.
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October 01, 2025
Ex-Akerman Employment Partner Accuses Firm Of Race Bias
A veteran employment attorney alleges in a California state lawsuit that Akerman LLP treated her less favorably than her non-Latino and male colleagues, including requiring her to deliver bad news to other attorneys' clients and not giving her adequate support staff, before firing her in retaliation for taking medical leave.
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October 01, 2025
LA Pot Cos. Kept Tips, Denied Breaks, Budtender Claims
The owners of the Herbarium chain of dispensaries in Los Angeles fired a budtender after she spoke up about unpaid overtime, the lack of lunch breaks and stolen tips, according to a wrongful termination suit and a proposed class action she filed in state court.
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October 01, 2025
Justices Asked To Review Gun Ban For Marijuana Users
A marijuana user has asked the U.S. Supreme Court to hear his case arguing that a federal law prohibiting drug users from owning guns runs afoul of the Second Amendment.
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October 01, 2025
Judge Warns Of 'Bickering' In Creditor's Row With Law Firm
An Illinois federal judge on Wednesday gave Chicago law firm Johnson & Bell LLP just under two weeks to produce records or a privilege log to a New York creditor who says the firm unlawfully "paid itself" with a client's $500,000 settlement, and encouraged the parties to "take a breath" in what she called one of the most contentious cases on her docket.
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October 01, 2025
4th Circ. Nixes Cannabis Entrepreneur's Rehearing Bid
The Fourth Circuit on Tuesday rejected a California cannabis entrepreneur's request for an en banc rehearing of her case after a panel rejected her bid to upend Maryland's marijuana social equity licensing program.
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October 01, 2025
Mass. Court May Reluctantly Back DQ In Cannabis Feud
A "frustrated" intermediate appellate court in Massachusetts appeared unlikely Wednesday to second-guess a lower court's disqualification of counsel in a dispute over control of a cannabis business, even as it questioned whether it would make any difference in the ultimate outcome.
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September 30, 2025
Pot Broker Sues Over Misclassification, Seeks Lost Wages
A Florida-based company that sells cannabis franchises is accused of illegally classifying an employee as an independent contractor in order to avoid paying him "hundreds of hours" in wages and benefits he earned as a salesman, according to a lawsuit filed Tuesday in Massachusetts federal court.
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September 30, 2025
Wis. Legislators Trying Again To Legalize Medical Cannabis
Republican state lawmakers in Wisconsin have introduced a bill to legalize smokeless cannabis products for medical use, more than a year and a half after a similar proposal died.
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September 30, 2025
Altria Loses Out On $38M Refund On Foreign Subsidiaries
Tobacco products maker Altria is not entitled to a $38 million tax refund on foreign subsidiaries, a Virginia federal court found, saying the company was an indirect shareholder through its interest in Anheuser-Busch and therefore owes taxes on its portion of the subsidiaries' income.
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September 29, 2025
Supreme Court Considers 7 Patent Petitions
The U.S. Supreme Court held its first conference Monday, presenting the justices with several petitions of interest to patent practitioners before the court's new term kicks off next week.
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September 29, 2025
Trulieve Says Berkshire Hathaway Must Defend Death Suit
An insurance company owned by Berkshire Hathaway has a duty to provide legal defense for Trulieve, which is being sued in Massachusetts state court over a cannabis worker's death, the medical marijuana company argued, telling a federal court that the insurer's responsibility is immediate, even if it turns out the policy doesn't actually cover the suit.
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September 29, 2025
Congress Members Urge Hemp Regulation, Not Prohibition
A bipartisan group of House lawmakers are coming out against language in an agriculture appropriations bill that would "deal a fatal blow" to the hemp industry, urging the chamber's leader instead to seek hemp regulation.
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September 29, 2025
10th Circ. Backs DOJ's Prosecution Of Okla. Cannabis Atty
The Tenth Circuit has decided that the federal prosecution of an Oklahoma attorney accused of helping clients bypass the state's medical marijuana laws could proceed despite a federal policy that bars the U.S. Department of Justice from using funds to target state legal medical cannabis activity.
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September 29, 2025
Billboard Co. Says Pot Ad Ban Violates 1st Amendment
A billboard advertising company is suing a California city in federal court, saying newly enacted ordinances banning cannabis dispensaries from off-site advertising violate the First Amendment.
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September 26, 2025
Bankrupt NYC Cannabis Club Ordered Out Of Brooklyn Spot
A New York bankruptcy judge has told Empire Cannabis Club to surrender the property it leases at a location in Brooklyn to its landlord, ruling the bankrupt tenant effectively rejected the lease because it never moved to assume it.
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September 26, 2025
Mass. Pot Shop Shareholders Say Investor Trying A Freezeout
A group of shareholders who collectively control approximately 90% of Massachusetts cannabis producer and dispensary chain Atlantic Medicinal Partners Inc. say another investor is trying to steal the business out from under them, according to a complaint filed in state court.
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September 26, 2025
Judge Criticizes Email-Only Talks In NY Smoke Shop Dispute
A New York federal judge chided attorneys for the Cayuga Nation and the smoke shop it's suing on Thursday for not actually speaking to each other when resolving a combative documents dispute, warning them that she might sanction them if they don't follow her orders more closely next time.
Expert Analysis
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Series
Judging Figure Skating Makes Me A Better Lawyer
Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.
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What Ethics Rules Say On Atty Discipline For Online Speech
Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.
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Junior Attys Must Beware Of 5 Common Legal Brief Mistakes
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Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.
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Power To The Paralegals: How And Why Training Must Evolve
Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.
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Playing Softball Makes Me A Better Lawyer
My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.
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Law School's Missed Lessons: Mastering Time Management
Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
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Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
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Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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Ruling On Labor Peace Law Marks Shift For Cannabis Cos.
Currently on appeal to the Ninth Circuit, an Oregon federal court’s novel decision in Casala v. Kotek, invalidating a state law that requires labor peace agreements as a condition of cannabis business licensure, marks the potential for compliance uncertainty for all cannabis employers in states with labor peace mandates, say attorneys at Sheppard Mullin.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.