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Cannabis
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April 04, 2025
State-Run Pa. Pot Stores Likely Preempted, Memo Says
A proposal to implement state-run retail marijuana stores in Pennsylvania, similar to how the Keystone State regulates wine and liquor sales, would likely be preempted by federal law, according to a new legal memorandum commissioned by the state's medical marijuana industry.
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April 04, 2025
Hemp Sellers Fight To Keep Conn. Suit Alive
A group of hemp companies is urging a Connecticut federal court not to dismiss their claims that the state's new hemp regulations are unconstitutional, saying their complaint shows that the the laws are too vague and violate the 2018 Farm Bill by redefining hemp.
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April 03, 2025
Justices' Ruling Empowers FDA To Rein In Vapes, Experts Say
A unanimous U.S. Supreme Court decision affirming federal regulators' authority to deny marketing applications for flavored vapes was noted as a victory for federal agency autonomy, but vaping industry interests said it could remove a crucial harm reduction tool.
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April 03, 2025
Ex Jushi Exec Says Pot Co. Fired Him For Whistleblowing
The former chief operating officer for Jushi Holdings Inc. is suing the cannabis company, saying he was wrongly terminated after working to ensure the company's facilities met safety and compliance standards.
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April 03, 2025
Instagrammer Fights To Keep Dad In Nevada IP, Likeness Suit
Influencer and professional poker player Dan Bilzerian is urging a Nevada federal court not to dismiss his father from a suit alleging that he directed the vape and lifestyle brand that Bilzerian helped start to continue using Blizerian's name and likeness even after he was pushed out of the company.
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April 02, 2025
Mich. Justices Say Pot Smell Not Enough For Police Search
The Michigan Supreme Court ruled Wednesday that the odor of marijuana alone cannot justify a warrantless vehicle search, overturning case law that dated from a time when using the drug was a crime in the Great Lakes State.
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April 02, 2025
Colo. Regulators Want Pot Grower's Enforcement Suit Tossed
The Colorado Department of Revenue is urging a state court to throw out a suit by a cannabis farm alleging that the Marijuana Enforcement Division has failed to enforce its regulations, saying that there's no final agency action for the farm to challenge in the courts.
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April 02, 2025
Magistrate Backs Bank Directors' Win In Dispute With Pot Biz
An Oregon federal magistrate judge recommended dismissing all claims that a cannabis company and its owner brought against two former directors of a now-defunct bank, accusing them of refusing to communicate the status of the company's deposited funds.
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April 02, 2025
Bidi Vapor Says FDA Denial Of E-Cig Was Unlawful
Vape company Bidi Vapor LLC urged the Eleventh Circuit on Wednesday to reverse a U.S. Food and Drug Administration decision denying its application to market a disposable e-cigarette, saying the agency acted unlawfully and ignored evidence the company presented.
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April 02, 2025
Hemp Shop's Suit Over Cops' Raid, Arrests Tossed For Good
A Texas federal judge has dismissed with prejudice a hemp shop owner's suit alleging that city of Port Lavaca police illegally raided her shop and arrested her and an employee on suspicion of selling illegal cannabis.
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April 02, 2025
Justices Broaden RICO Reach To Personal Injuries
The U.S. Supreme Court on Wednesday expanded the type of civil actions that can be brought under a federal racketeering statute, asserting that claims stemming from personal injuries are redressable if they can be shown to have caused economic harm.
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April 02, 2025
Supreme Court Backs FDA Block Of Flavored Vapes
The U.S. Supreme Court on Wednesday overruled a determination that the U.S. Food and Drug Administration acted arbitrarily when it rejected an e-cigarette company's applications to market flavored vape products.
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April 01, 2025
Meta Wins Dismissal In Cannabis Logo Copyright Dispute
A Manhattan federal judge has dismissed a copyright complaint from a "serial IP litigant" who sued Meta Platforms over a cannabis logo used on Facebook to promote a cannabis-themed cruise, saying plaintiff did not own a valid copyright for the logo.
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April 01, 2025
SEC Settles With Pot App Owner Over Alleged $1.6M Fraud
The U.S. Securities and Exchange Commission settled claims Tuesday against CannaCloud Inc. and its owner alleging that he duped investors into pouring $1.65 million into the business, but then took $1.5 million to pay off his own debts and go to casinos.
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April 01, 2025
Smoke Shop Says Hookah Maker's 'Litigation Mill' Is A Fraud
A smoke shop among nearly 1,000 sued by GS Holistic LLC over alleged sales of counterfeit products is suing the hookah maker in California federal court, saying GS Holistic's "litigation mill" has committed fraud against the courts through false accusations.
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April 01, 2025
AFL-CIO Backs Oregon's Cannabis Labor Peace Law
The AFL-CIO has jumped into a legal battle to defend against a constitutional challenge seeking to block implementation of a voter-approved Oregon state law that requires cannabis businesses to have labor peace agreements.
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March 31, 2025
US Steel Beats Fired Medical Pot Patient's Fed. ADA Fight
A Pennsylvania federal judge on Friday granted U.S. Steel summary judgment on a medical cannabis patient's Americans with Disabilities Act claims in a lawsuit alleging the steel giant wrongfully fired him for his medical marijuana license and off-the-job marijuana use.
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March 31, 2025
Origins Tech Can't Dodge Counterclaims In $4M Dispute
Origins Tech Inc. and its officers can't get counterclaims against them tossed in a $4 million suit over losses from a loan and the canceled acquisition of a cannabis license, a Utah federal judge ruled on Monday, giving a shareholder the opportunity to amend his counterclaims.
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March 31, 2025
Justices Decline Chance To Clarify Medical Pot Protections
The U.S. Supreme Court on Monday declined to hear an appeal arguing that congressional spending legislation bars federal prosecutors from bringing cases against state-compliant medical marijuana operations.
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March 31, 2025
Calif. Pot Co. Seeks Receivership, Blames Merger 'Disaster'
A cannabis producer in California has moved to enter receivership in state court, disclosing more than $173 million in liabilities and saying a 2023 merger with its parent company proved to be a "financial disaster."
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March 31, 2025
Disbarred Fraudster Gets 25 Years For $18M Hemp Scam
A disbarred attorney with a history of investor fraud was sentenced to 25 years in prison for a scheme in which he solicited more than $18 million from investors by claiming to own a hemp farm that didn't exist and overhyping an edibles company.
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March 28, 2025
Cannabis Equipment Biz Can't Speed Up Canada Import Case
The U.S. Court of International Trade has ruled that a cannabis equipment company cannot expedite its case challenging the hurdles it faces importing from Canada, saying the business has not presented good cause to have the matter fast-tracked.
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March 28, 2025
Pot Co.'s Challenge To DEA Admin Procedures Dismissed
A Rhode Island federal judge on Friday dismissed a cannabis company's challenge to the lawfulness of U.S. Drug Enforcement Administration internal administrative law proceedings, finding that the company had failed to show how those procedures would harm it.
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March 28, 2025
Nitrous Oxide Makers, Sellers Sued Over 'Whippet' Death
The estate of a woman who died after inhaling nitrous oxide as a recreational drug is suing makers and sellers of the canisters, alleging they are knowingly selling them to be used as "whippets."
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March 28, 2025
Vape Co. Sued Over Burns From Exploding Battery
A North Carolina man is suing a Chinese vape company and its American affiliate in federal court, alleging that a vape they made and sold him exploded when the battery inside it short-circuited, leaving him with second- and third-degree burns.
Expert Analysis
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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How Cannabis Rescheduling May Alter Paraphernalia Imports
The Biden administration's recent proposal to loosen federal restrictions on marijuana use raises questions about how U.S. Customs and Border Protection enforcement policies may shift when it comes to enforcing a separate federal ban on marijuana accessory imports, says R. Kevin Williams at Clark Hill.
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What The NYSE Proposed Delisting Rule Could Mean For Cos.
The New York Stock Exchange's recently proposed rule would provide the exchange with discretionary authority to commence delisting proceedings for a company substantially shifting its primary business focus, raising concerns for NYSE-listed companies over the exact definition of the exchange's proposed "substantially different" standard, say attorneys at Winston & Strawn.
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2 Regulatory Approaches To Psychedelic Clinical Trials
Comparing the U.S. and Canada's regulatory frameworks for clinical trials of psychedelic drugs can be useful for designing trial protocols that meet both countries' requirements, which can in turn help diversify patient populations, bolster data robustness and expedite market access, say Kimberly Chew at Husch Blackwell and Sabrina Ramkellawan at AxialBridge.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Investors Can Aid In The Acceptance Of Psychedelic Medicine
Psychedelic medicine is ready to have its breakthrough moment, and although it still faces political, legal and communications challenges, private equity investors can play a significant role in changing the public perception on psychedelics from taboo to acceptance, say Kimberly Chew at Husch Blackwell, Charlie Panfil at the Daschle Group and Ethan Lutz at FTI Consulting.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.