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Cannabis
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September 22, 2025
Law Firms Spar Over Affidavit In Cannabis Malpractice Fight
Trif & Modugno LLC faced repeated questioning at a Monday hearing in New Jersey state court over its argument that Lowenstein Sandler LLP's claims against the firm must be dismissed because Lowenstein Sandler never filed an affidavit of merit in a suit over the collapse of a cannabis dispensary.
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September 19, 2025
Judge Won't Enforce Injunction Against Pot Co. Shareholder
A Colorado state judge denied a Canadian cannabis company's request for a preliminary injunction against an investor Friday, finding that the injunction request was too broad, and many of the requests needed to be litigated elsewhere.
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September 19, 2025
Film Co. Founders Accused Of $1.2M Con For Fake Pot Co.
A Los Angeles film company and its founders are accused of fraudulently taking $1.2 million from a private equity fund, spending it on luxury properties, artwork and their existing ventures, but never putting a dime of the loan on its intended purpose, launching a "booming cannabis empire," according to a lawsuit filed in California state court.
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September 19, 2025
Ky.-Based CBD Co. Sues Tenn. Regulators Over New Law
A Kentucky-based hemp products manufacturer is looking to block Tennessee officials from enforcing a new state law that would both ban direct-to-consumer sales and all health-related marketing labeling, according to a federal lawsuit that claims the statute violates the U.S. Constitution's commerce clause and the First Amendment.
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September 19, 2025
Pot Cos. Not Covered In Death Suit, Berkshire Hathaway Says
A Berkshire Hathaway unit has no duty to defend a group of cannabis companies in an underlying suit over a worker's death, the insurer told a Florida federal court Friday, arguing that the suit does not allege that the companies were the employers of the worker as required to trigger coverage.
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September 19, 2025
Fla. Entrepreneur Urges 1st Circ. To Remand RI Pot Regs Suit
A Florida entrepreneur on Friday urged the First Circuit to remand to Rhode Island federal court his constitutional challenge to Rhode Island's cannabis retail licensure scheme, now that the cannabis regulations at issue have been made public and the license application process is open.
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September 19, 2025
Class Suit Says 'Advanced Alkaloids' Are Addictive Drugs
A proposed class of consumers is suing CBD American Shaman LLC, its owner and affiliates in Missouri federal court, alleging that they're selling a concentrated kratom extract that is far more powerful and addictive than other kratom products, with harsh withdrawal side effects.
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September 18, 2025
Judge Won't Block NYC Shops From Selling Flavored Vapes
A Manhattan federal judge denied New York City's request to temporarily block four vape wholesalers and distributors from selling flavored e-cigarettes in the five boroughs, saying the city's "years-long delay" suggested there was no emergency that required such an injunction.
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September 18, 2025
Texas Court Says Citizen Can't Intervene To Uphold Pot Law
The citizen sponsor of a voter-approved marijuana decriminalization ordinance cannot intervene in the deal struck between the state attorney general and city of Elgin that declared the ordinance void, a Texas appeals court ruled, saying the advocate doesn't have standing.
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September 18, 2025
Philip Morris Gets Swedish Match Deal Case Stubbed Out
A Virginia federal court tossed a proposed class action on Thursday from consumers accusing Philip Morris of violating antitrust law by purchasing Swedish Match rather than competing in the U.S. market for nicotine pouches with its own product, after finding the claims were based on conjecture instead of facts.
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September 18, 2025
Cannabis Co. Says Insurer Shirked $900K Theft Coverage
The insurer for an online retailer of legal THC wrongfully denied coverage for losses stemming from a break-in at the business's Oklahoma warehouse, where nearly $900,000 in inventory was stolen, the retailer alleged in a North Carolina state court filing.
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September 18, 2025
Citing Lashify, ITC Finds Domestic Industry In Vape Case
The U.S. International Trade Commission has agreed with a judge's finding that Pax Labs Inc. has satisfied a requirement for it to bring its case alleging imports of vape devices infringed various patents, relying on a pair of Federal Circuit rulings over what counts toward that requirement.
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September 18, 2025
NJ City Makes 3rd Escape From Pot Co.'s Zoning Suit
For the third time, a New Jersey federal judge has dismissed claims from a would-be cannabis dispensary alleging the city of Asbury Park and its zoning board conspired to deny its application for a medical marijuana store.
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September 18, 2025
Legalizing Pot Leads To Transnational Crime, Congress Hears
A U.S. House of Representatives Homeland Security subcommittee hearing Thursday on foreign criminal organizations' infiltration of stateside marijuana operations briefly pivoted into a debate about the merits of cannabis legalization writ large.
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September 17, 2025
Probationer's Speech Not A 'True Threat,' NC Panel Finds
Statements a probationer made to a friend while stressed out and fearful over going to jail did not constitute a "true threat," so a trial court erred when it found him in violation of his probation, a North Carolina state appeals court panel ruled Wednesday.
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September 17, 2025
FDA Says Vape Manufacturer Lying About Marketing Approval
The U.S. Food and Drug Administration on Tuesday sued manufacturers of flavored vapes in New Jersey federal court to seek an end to their sales, saying that they are falsely representing that their products had received marketing approval.
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September 17, 2025
Texas Justices Don't Touch Block Of Local Pot Amnesty Law
The Texas Supreme Court will not review an appellate panel's decision blocking the city of San Marcos from going forward with a voter-approved ordinance that limited local police from enforcing laws on low-level marijuana offenses.
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September 17, 2025
Ex-CBD Exec's Attys Awarded $1.3M In Investment Fraud Suit
A Florida federal judge has adopted a magistrate judge's recommendation to award approximately $1.3 million in attorney fees to the former executive of a CBD company who alleged he was duped by his family members into investing, rejecting objections raised by one of the defendants.
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September 17, 2025
Pot Entrepreneur Pushes 4th Circ. To Rehear Licensing Fight
A California cannabis entrepreneur has asked the Fourth Circuit to rehear her case after a panel rejected her bid to upend Maryland's marijuana social equity licensing program, arguing that the appellate judges' ruling turned on multiple errors of law and fact.
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September 17, 2025
Md. Hemp Cos. Plan To Challenge Cannabis Law At 4th Circ.
A group of hemp companies challenging Maryland's cannabis policies told a federal judge Tuesday that they plan to appeal a pair of recent adverse rulings, citing in part a new federal appellate ruling that pot sellers are entitled to constitutional protections.
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September 16, 2025
Smoke Shop Owners Slam NY Tribe's Sanctions Request
Retailers accused by the Cayuga Nation of running an unsanctioned cannabis shop on tribal land have pushed back on a bid seeking sanctions against them for failing to turn over daily cannabis sales records despite a New York federal court's order to do so, arguing "two wrongs don't make a right."
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September 16, 2025
Texas Judge Denies TRO To Stop City Raids On Hemp Shop
A Texas city doesn't have to return $400,000 in cannabis products it took from a smoke shop during a raid that the retailers claim leaned on faulty THC testing and false information, a federal judge ruled Wednesday, saying it is inappropriate for him to intervene in an ongoing state court criminal case.
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September 16, 2025
NC Tells 4th Circ. New E-Cig Regs Fit With Federal Law
The state of North Carolina is asking the Fourth Circuit to shut down a bid by vaping interests to block a new law giving state tax officials the ability to fine companies for selling vapes not authorized by federal regulators, saying the authority to do so is preserved by the Family Smoking Prevention and Tobacco Control Act.
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September 16, 2025
Feds Seek Toss Of DC Hemp Store's Home-Rule Challenge
The United States government on Monday urged a federal judge to dismiss a challenge to federal policy restricting the nation's capital from regulating marijuana and hemp sales, saying the local retailer that brought the action lacked standing to sue.
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September 16, 2025
Senate Democrats Urge Chamber Not To Recriminalize Hemp
A group of Democratic U.S. senators on Tuesday urged the chamber's leaders not to adopt language in an appropriations bill that would drastically redefine the definition of legal hemp and which they say could ruin the nationwide hemp industry.
Expert Analysis
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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Preparing For DEA Rescheduling Of 2 Research Chemicals
A recent decision to allow the U.S. Drug Enforcement Administration to reclassify two research psychedelics in Schedule I under the Controlled Substances Act may pose significant barriers to scientific study, including stringent registration requirements, heightened security protocols and burdensome reporting obligations, say Kimberly Chew at Husch Blackwell and Jackie von Salm at Psilera.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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High Court E-Cig Ruling Opens Door For FDA Challenges
There will likely be more challenges to marketing denial orders brought before the Fifth Circuit following the Supreme Court's recent ruling in U.S. Food and Drug Administration v. R.J. Reynolds Vapor Co., where litigants have generally had greater success, say attorneys at Troutman Pepper.
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9th Circ. Qualified Immunity Ruling May Limit Phone Searches
Though the Ninth Circuit affirmed police officers’ qualified immunity claims in Olson v. County of Grant earlier this year, it also established important Fourth Amendment precedent on the use of cellphone extractions that will apply more broadly in criminal investigations and prosecutions, say attorneys at The Norton Law Firm.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Breaking Down The Proposed Hemp Bill
A proposed bill in the U.S. House of Representatives, recently approved by the House Appropriations Committee, contains a rider that would significantly change the definition of hemp and dramatically reshape the current hemp-derived product market, say attorneys at King & Spalding.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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How To Prep For Potential Passage Of SAFER Banking Act
The Secure and Fair Enforcement Regulation, or SAFER, Banking Act, could fundamentally reshape how financial institutions interact with cannabis businesses, so operators that move now to get their house in order will be best positioned to capitalize if and when change comes, says Alex Leonowicz at Howard & Howard.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.