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Cannabis
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June 13, 2025
Cannabis Fund Seeks End Of $145M Mismanagement Suit
An investment fund has decided to voluntarily dismiss its lawsuit against two California businessmen who allegedly squandered $145 million given to them by a now dead Russian billionaire to launch cannabis grow operations in the state.
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June 13, 2025
Oregon Takes Cannabis Labor Peace Row To 9th Circ.
Oregon officials will appeal a federal judge's order barring enforcement of a voter-approved law that required licensed cannabis businesses to enter into labor peace pacts with their workers.
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June 13, 2025
Hemp Vape Maker Wants Out Of Buyer's Delta-9 THC Suit
The maker of hemp-based electronic cigarettes under the Cake brand is asking a California federal judge to throw out a buyer's claim that the products illegally exceed federal thresholds for delta-9 THC content, saying his vague complaint doesn't meet pleading standards.
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June 12, 2025
Hemp Retailer Sues DC, Feds Over District's Cannabis Policy
A Washington, D.C., hemp retailer has filed a pair of complementary lawsuits challenging the tangled enforcement and regulatory policies that govern cannabis and hemp in the nation's capital.
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June 12, 2025
Cannabis Co. TerrAscend Accused Of Spam Texts
Multistate marijuana operator TerrAscend Corp. was hit with a proposed class action in Michigan federal court Thursday accusing the cannabis giant of spamming customers with unsolicited texts in violation of the Telephone Consumer Protection Act.
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June 12, 2025
8th Circ. Stubs Out Challenge To FDA Menthol Vape Denial
The Eighth Circuit on Thursday threw out a challenge from SWT Global Supply Inc. to the U.S. Food and Drug Administration's denial of its application to market menthol-flavored e-cigarettes, saying the agency didn't arbitrarily or capriciously find that the company's sales plan failed to meet its standards for promoting public health.
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June 11, 2025
Fed. Circ. Says VA Worker Must Submit To Random Drug Tests
The Federal Circuit has upheld an arbitration decision requiring a U.S. Department of Veterans Affairs employee, allegedly caught using marijuana on the job, to release her medical records and submit to random drug testing as part of a slate of conditions for her to return to work, finding the arbitrator's award acceptable.
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June 11, 2025
NJOY Can't Ax Juul Vape Patent At PTAB After ITC Loss
The Patent Trial and Appeal Board has refused to invalidate various claims in a Juul vape patent challenged by Altria's NJOY brand, months after NJOY was found to infringe the same patent in a U.S. International Trade Commission case.
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June 11, 2025
New York Judge Won't Nix Cannabis Co. Logo Block
A Manhattan federal judge has refused to vacate a three-and-a-half-year-old decision that barred a cannabis-themed apparel brand from using symbols in its wares that New York City alleged were infringements of the city's trademarked logos.
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June 11, 2025
Oklahoma Pot Agency Wants Claims Tossed In Retaliation Suit
The Oklahoma Medical Marijuana Authority is urging a federal court to throw out Title VII and Age Discrimination in Employment Act claims in a suit by a former contract monitor who alleges she was fired for whistleblowing.
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June 10, 2025
Worker's Suit Over Weed Firing Gets Thrown Out
A construction worker can't sue his employer for wrongful termination on claims that his supervisor wrongly accused him of smoking marijuana while on the job, a Virginia federal judge has ruled, saying state law allows companies to fire workers even on untrue allegations of drug use.
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June 10, 2025
No Entitlement To A Cannabis Retail License, NJ Town Says
A New Jersey municipality urged a federal court on Monday to toss a suit from a cannabis company alleging its constitutional rights were violated when the town denied its retail license application, arguing that there is no protected property interest in the issuance of the license.
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June 10, 2025
Ayahuasca Church Brings Religious Use Case To DC Circ.
An Iowa church that seeks to use a psychedelic drug in its rites filed a petition Monday with the D.C. Circuit seeking to compel federal drug enforcers to process an application for a religious exemption to the Controlled Substances Act, which has been pending for over six years.
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June 10, 2025
Photographer Says Marlon Wayans Took Pot Pic
Marlon Wayans, star of such films as "White Chicks" and "Scary Movie," was hit with a copyright infringement lawsuit on Tuesday by a photographer who claims he used her image of a Ziploc bag filled with marijuana on his Facebook account without permission.
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June 09, 2025
Hemp Vape Makers, Sellers Fight RICO Claims In Delta-9 Suit
Several hemp vape makers and sellers are urging a Georgia federal court to throw out a woman's proposed class action alleging they conspired to sell vapes with delta-9 THC levels above legal thresholds, saying her complaint fails to back up her claims and conflates manufacturers and retailers.
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June 09, 2025
Ex-Pot Co. Members, Founder Settle Cash Distribution Suit
A Connecticut state judge has dismissed a suit by the founding member of Theraplant LLC alleging its former managing members failed to pay out cash distributions.
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June 09, 2025
Judge Tosses Whistleblower Suit Against Pot Tracking Co.
An Oregon federal judge on Monday dismissed a whistleblower action against Metrc, a company that provides product tracking services for a majority of U.S. regulated cannabis markets, after determining that the issues in the dispute were in play in a prior lawsuit.
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June 09, 2025
HI Gov. Eyes Veto Of Medical Pot Bill Over Privacy Concerns
Hawaii Gov. Josh Green has signaled that he intends to veto a bill modifying the state's medical marijuana program, saying that it would impinge the privacy rights of the Aloha State's medical cannabis patients.
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June 09, 2025
Consultant Says Pot Co. Stiffed It On $400K In Fees
A consulting firm is suing cannabis company 4Front Ventures Corp. in New York federal court, saying 4Front owes it $400,000 in fees after it breached their consulting contract.
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June 06, 2025
NJ Panel Revives Contract Row Between Pot Co., Landlord
A New Jersey state appeals court on Friday revived a Paterson property owner's suit against a would-be dispensary and its principals alleging they broke a deal to share profits from the dispensary, finding that the trial court wrongly conflated the contract's requirement for local approval with a cannabis license.
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June 06, 2025
Ore. Pot Regulators Say No Contract In Firing Suit
The Oregon Liquor and Cannabis Commission is urging a federal court to throw out a suit from its former deputy director alleging that the OLCC breached his employment agreement by firing him following a whiskey pocketing scandal, saying the state's Statute of Frauds voids the alleged employment agreement.
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June 06, 2025
Mich. Judge OKs $200K Deal In Pot Co. Tip-Theft Action
A Michigan federal judge on Friday granted initial approval of a $205,000 settlement to end a collective action alleging the owner of a chain of Michigan dispensaries withheld portions of tips meant to go to retail workers.
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June 05, 2025
Calif. Adviser, CEO To Pay $21M To End SEC Theft Claims
A California investment adviser and its CEO have agreed to pay over $21 million to end U.S. Securities and Exchange Commission claims they misappropriated over $15.3 million from a cannabis industry client — including $4.6 million used to buy a home — and overstated its assets under management in regulatory filings.
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June 05, 2025
Tenn. To Add New Tax To CBD And Delta-8 Products
Tennessee is set to impose a new wholesale tax structure on hemp-derived THC products, eliminating its 6% retail sales tax at the beginning of 2026, according to a notice published Thursday.
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June 05, 2025
Juul Beats Distributor's E-Cig Price Discrimination Suit
An Illinois federal judge Wednesday permanently dismissed a price discrimination suit against Juul Labs, finding that a gas station distributor alleging it was given worse terms than a rival on e-cigarette products torpedoed its own case when it removed details of the alleged market from its latest complaint.
Expert Analysis
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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How Landlords Can Navigate Cannabis-Related Leases
As the cannabis industry continues to rapidly grow, landlords should consider a variety of lease terms and operational details that may help mitigate uncertainty involving federal laws, zoning restrictions and tax implications, says Kyla Baker at Holland & Knight.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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What New Calif. Law Means For Cannabis Lounges
With a recently enacted California law authorizing licensed cannabis retailers and microbusinesses to prepare and sell noncannabis food and beverages, the door opens for a more sustainable business model — but challenges related to costs and liability remain, says Tracy Gallegos at Duane Morris.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Incoming Admin May Shake Up Life Sciences Regulation
Though President-elect Donald Trump has not yet articulated policy priorities regarding the life sciences industry, the sector is positioned to see significant changes that could affect everything from drug exclusivity and generic drug approvals, to the availability of over-the-counter drugs, to laboratory-developed tests and digital health, say attorneys at Morgan Lewis.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.