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Cannabis

May 16, 2025
Pot Farm Can't Challenge Colo. Regulators' Alleged Inaction

A Colorado state judge has dismissed a cannabis farm's suit alleging that state regulators haven't sufficiently cracked down on illegal operators, saying the farm isn't challenging a final agency action that is subject to judicial review.
May 16, 2025
Ala. Medical Pot Co. Claims Regulator Retaliation Over Suits

A prospective Alabama medical cannabis business has filed a federal lawsuit against state medical marijuana regulators, alleging that officials violated the company's First Amendment rights by refusing to award it a license after it raised the alarm about irregularities and delays.
May 16, 2025
Appellate Ruling Merits New Shot At Sales Regs, Distiller Says

A New York distillery and two Washington whiskey drinkers are asking a federal judge to reconsider the Washington state liquor board's win in a challenge to rules requiring a physical in-state presence to sell online, saying they never got to analyze the circuit ruling on which the decision was based.
May 16, 2025
9th Circ. Won't Reopen Ex-Police Officer's Religious Bias Suit

The Ninth Circuit refused to revive a former police officer's lawsuit claiming an Arizona town fired him because it believed he was a member of the Fundamentalist Church of Jesus Christ of Latter-Day Saints, saying his allegations weren't detailed enough to stay in court.
May 16, 2025
Trucking Co. Worker Says Tobacco Surcharge Violates ERISA

An employee of Marten Transport Ltd. is suing the trucking company in Wisconsin federal court, alleging that a tobacco surcharge in its health plan violates federal antidiscrimination law.
May 15, 2025
DEA Says State-Legal Pot Fuels Transnational Crime

The U.S. Drug Enforcement Administration said in a report made public Thursday that state-level legalization of marijuana has resulted in a flood of cannabis beyond what those markets require and, despite state regulation, international crime syndicates have largely taken control of the entire American marijuana trade, both legal and not.聽
May 15, 2025
FTZ Holding Can't Stop Duty Refund Clock, Trade Court Rules

The U.S. Court of International Trade ruled Thursday that a cigarette distributor waited too long to seek out duty refunds on its product, explaining that products being held for several years in a foreign-trade zone did not prevent the statutory clock from running.
May 15, 2025
Curaleaf And Ex-VP In Settlement Talks, Court Told

Curaleaf has tentatively agreed to drop a lawsuit against a former executive it accused of stealing confidential records to share with a rival cannabis firm, according to a notice filed in Florida federal court.
May 15, 2025
Judge Recuses After Atty's Conviction Partially Overturned

The Boston federal judge who oversaw the trial of an attorney charged with bribing a Massachusetts police chief to secure a local marijuana license recused himself from the case Thursday, after the First Circuit vacated most of the convictions and ordered the lawyer to be resentenced on the remaining guilty finding.
May 15, 2025
5th Circ. Says Samsung Must Face Battery Suit In Texas

A divided Fifth Circuit panel has revived a man's claims against South Korea-based Samsung SDI Co. Ltd. in a suit over an exploding e-cigarette battery, finding the company's marketing to industrial companies in Texas is enough of a connection to the state to grant jurisdiction.
May 14, 2025
'Toys R Us' Blows Smoke At 'Vape R Us' Over Similar Marks

Toys 'R' Us' parent company Wednesday filed suit in Connecticut federal court, accusing a vape business named Vape R Us of copying and tarnishing Toys R Us trademarks and using the marks to trick customers into believing they're shopping somewhere owned or endorsed by the toy store chain.
May 14, 2025
RJ Reynolds Can Keep Trial Win In Engle Case, Court Says

A Florida appeals court on Wednesday affirmed a verdict in favor of R.J. Reynolds in an Engle progeny suit over a longtime smoker's death, saying counsel's failure to use all their juror challenges invalidates an argument that a juror was unfairly selected.
May 14, 2025
Canadian Pot Gear Exec Fights Feds' Bid To Exit Border Suit

The Canadian CEO of a cannabis agricultural equipment company claims federal authorities have again illegally denied him entry into the United States, despite the U.S. Department of Homeland Security's recent assurance it had revoked a previous removal order while seeking to dodge his lawsuit in Seattle federal court.
May 14, 2025
Hydroponics Giant, Former Exec. Settle Firing Suit

A Michigan entrepreneur who claims a hydroponics giant improperly fired him and withheld at least $800,000 in executive compensation has agreed to a deal that will end his breach of contract lawsuit, with a Colorado federal judge signing off on the permanent dismissal on Wednesday.
May 14, 2025
10th Circ. Wary Of Hemp Interests' Challenge To Wyoming Law

A Tenth Circuit panel on Wednesday appeared skeptical that a Wyoming state law regulating hemp-derived intoxicating products was preempted by the federal law legalizing hemp nationwide.
May 14, 2025
Vape Co. Stopped From Using 'Breeze' Name

A Michigan federal judge has blocked a New Jersey company from marketing products with the name "Breeze" in a trademark dispute with a competitor in the vaping industry.
May 14, 2025
Monitor Says Okla. Pot Agency Fired Her For Blowing Whistle

A former contract monitor for the Oklahoma Medical Marijuana Authority is suing the agency, alleging she was wrongly fired and had her file marked "no rehire," preventing her from finding other government work, in retaliation for reporting on a conflict of interest.
May 13, 2025
Pot Payment Co. Wants Court To Enforce $1.3M Deal

A Boulder, Colorado, fintech company said its former business associates in a failed joint venture to create a cannabis payment system cannot be trusted to pay the $1.3 million settlement meant to end all claims of fraud, urging a Nevada federal court to step in and force them to follow through.
May 13, 2025
SEC Says Ex-Pot Co. CFO Can't Cite Atty Advice As Shield

The U.S. Securities and Exchange Commission told a New York federal judge that a former executive of cannabis company Acreage Holdings Inc. accused of falsifying the company's financials cannot allege he was relying on advice from attorneys without forgoing the attorney-client privilege that would shield those communications.
May 13, 2025
Instagrammer Sues Vape Co. He Used To Run

Instagram celebrity Dan Bilzerian has filed another lawsuit against the vape company he used to run and which he said has since been hijacked by his father and others, claiming that the company has failed to uphold its promise to indemnify him against lawsuits tied to his former role as a director.
May 13, 2025
Cannabis Water Co. Escapes $10M Fraud Charges With DPA

A cannabis-infused beverage maker聽on Tuesday inked a deferred prosecution agreement to resolve charges over its alleged role in a $10 million pump-and-dump scheme, with the deal including compliance provisions but no monetary penalty.
May 13, 2025
Judge Preserves Consumer Action Over Kratom Extract

A Missouri federal judge has largely preserved claims against a company that markets an opioid-like kratom extract, advancing a proposed consumer class action alleging the products were deceptively marketed to hide their addictive properties.
May 13, 2025
Pa. Sens. Reject Bill To Legalize Pot Through State-Run Shops

A Pennsylvania Senate committee on Tuesday voted to reject a bill to legalize adult-use marijuana and regulate its sale via state-run stores.
May 13, 2025
Pot Dispensary Asks Mo. High Court To Block County Taxes

In incorporated areas of Missouri counties, a municipality's imposition of a 3% sales tax on adult-use cannabis supersedes a county's ability to impose its own additional聽tax, a dispensary told the Missouri Supreme Court during oral arguments Tuesday.
May 12, 2025
Will Justices Finally Rein In Universal Injunctions?

The U.S. Supreme Court is expected to address for the first time Thursday the propriety of universal injunctions, a tool federal judges have increasingly used to broadly halt presidential orders and policy initiatives, and whose validity has haunted the high court's merits and emergency dockets for more than a decade.

Expert Analysis

3 Leadership Practices For A More Supportive Firm Culture

Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
Cannabis Biz Real Estate Loan Considerations For Lenders

Now that cannabis sales are legal in some states, real estate lenders are interested in financing the land used by cannabis companies, but because cannabis sales are still illegal under federal law, lenders must make adjustments for cannabis-adjacent transactions, say Mark Levenson and Jeffrey Wendler at Sills Cummis.
E-Discovery Quarterly: Rulings On Hyperlinked Documents

Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
Loper Bright Limits Federal Agencies' Ability To Alter Course

The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
Series

Teaching Scuba Diving Makes Me A Better Lawyer

As a master scuba instructor, I鈥檝e learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills 鈥� among the many others I鈥檝e developed 鈥� has profoundly enhanced my work as a lawyer, says Ron Raether at聽Troutman Pepper.
Lawyers Can Take Action To Honor The Voting Rights Act

As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
How To Grow Marketing, Biz Dev Teams In A Tight Market

Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they鈥檒l need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
Series

Rock Climbing Makes Me A Better Lawyer

Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at聽Haynes and Boone.
Think Like A Lawyer: Dance The Legal Standard Two-Step

From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step 鈥� framing the governing standard at the outset, and clarifying why they meet that standard 鈥� which has benefits for both the drafter and reader, says Luke Andrews聽at聽Poole Huffman.
Series

Being A Luthier Makes Me A Better Lawyer

When I鈥檓 not working as an appellate lawyer, I spend my spare time building guitars 鈥� a craft known as luthiery 鈥� which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
FDA's Multifaceted Role On Display In MDMA Therapy Scrutiny

Ongoing deliberations at the U.S. Food and Drug Administration regarding MDMA-assisted therapy for post-traumatic stress disorder serves as a window into the intricate balance of scientific innovation and patient safety oversight, and offers crucial insights into regulatory nuances, say Kimberly Chew at Husch Blackwell and Kevin Lanzo at Pharmaka Clinical Consulting.
Lead Like 'Ted Lasso' By Embracing Cognitive Diversity

The Apple TV+ series 鈥淭ed Lasso鈥� aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
Opinion

Now More Than Ever, Lawyers Must Exhibit Professionalism

As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
Series

Serving In The National Guard Makes Me A Better Lawyer

My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at聽Baker Donelson.
A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates

Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.