Cannabis

  • January 17, 2024

    Thomas Gets Laugh, Agrees Prior Ruling Is 'Embarrassment'

    The specter of a major 2005 telecommunications ruling hung over U.S. Supreme Court Justice Clarence Thomas on Wednesday as he and his colleagues considered whether to toss the court's decades-old precedent instructing judges to defer to federal agencies' interpretations of ambiguous statutes. 

  • January 17, 2024

    5 Key Takeaways From Supreme Court's Chevron Arguments

    U.S. Supreme Court justices questioned Wednesday whether overturning a decades-old precedent instructing courts to defer to federal agencies' interpretations of ambiguous statutes would lead judges to legislate from the bench or diminish the value of Supreme Court precedent — and pondered whether they could "Kisorize" the doctrine rather than doing away with it altogether.

  • January 17, 2024

    Iowa AG Says TikTok Deceived Parents About Kids' Content

    Iowa Attorney General Brenna Bird on Wednesday accused TikTok of misrepresenting young users' access to inappropriate content on the video platform, claiming in a suit that content involving nudity, drugs, alcohol and profanity is in fact "frequently and easily accessible" by children and teens.

  • January 17, 2024

    Colo. Court Chides Bong Maker Over 'Chaotic' Litigation

    A California-based bong maker can no longer pursue simultaneously roughly four dozen trademark infringement cases against head shops in Colorado after its "chaotic" and "disorganized" approach to the litigation, a Colorado federal court ordered, saying the manufacturer, which has filed hundreds of lawsuits across the country, must now take "baby bites" in the state.

  • January 17, 2024

    NY Pot Regulators Rip Licensure Fight As A 'Litigation Tactic'

    New York cannabis regulators have asked a federal judge to reject dispensary applicants' bid for an injunction that would halt retail licensure in the state and throw out the case for good, arguing the case is a "litigation tactic" to obtain priority consideration at the expense of others.

  • January 17, 2024

    Pot Firms Settle Suit Claiming Backdoor Funding Deals

    Cannabis advisory firm Beacon North LLC has settled a suit accusing dispensary operator Silverpeak Holdings LLC of courting investors under the table, documents in Denver District Court show.

  • January 17, 2024

    High Court Majority Shows No Eagerness To Overturn Chevron

    U.S. Supreme Court justices on Wednesday appeared split about whether decades-old precedent that favors federal agencies' legal interpretations in rulemaking infringes on judges' rightful authority to decide questions of law.

  • January 16, 2024

    6 Opinions To Read Before High Court's Chevron Arguments

    The U.S. Supreme Court will consider Wednesday whether to overturn a decades-old doctrine that instructs courts to defer to federal agencies' interpretations of ambiguous statutes, arguments in which nearly two dozen of the justices' prior writings may be used to persuade them to toss the controversial court precedent.

  • January 16, 2024

    Judge Tosses Bid To Halt Ala. Medical Pot Licensure

    An Alabama federal judge has rejected a bid to block the state's medical cannabis agency from issuing its processor licenses, an effort by a company that claims the state improperly rescinded its license award.

  • January 16, 2024

    Hochul Floats Pot Tax Overhaul, Rejects Tax Hikes In Budget

    New York would replace its potency-based cannabis tax system with a simpler wholesale tax structure under a $233 billion budget plan that Gov. Kathy Hochul unveiled Tuesday while pledging to reject any income tax increases.

  • January 16, 2024

    Would-Be Pot Shop Owner Can't Revive Legal Malpractice Suit

    A Washington state appeals court won't revive a legal malpractice suit stemming from a failed cannabis retail venture, saying the store's would-be owner is a sophisticated businessman and should have followed up on the case even if his former attorney didn't pass along documents after he withdrew.

  • January 12, 2024

    HHS Unveils Schedule III Recommendation For Marijuana

    The U.S. Department of Health and Human Services on Friday released its full and unredacted finding that cannabis has a currently accepted medical use and a recommendation that it be moved from Schedule I to Schedule III under the Controlled Substances Act.

  • January 12, 2024

    12 State AGs Urge DEA To Move Cannabis To Schedule III

    A coalition of 12 Democratic state attorneys general on Friday released a letter urging the U.S. Drug Enforcement Administration to loosen federal restrictions on marijuana by moving the drug to the Schedule III tier under the federal Controlled Substances Act.

  • January 12, 2024

    Up Next At High Court: Chevron Deference, Corp. Filings

    The U.S. Supreme Court will be closed Monday for Martin Luther King Jr. Day and will begin a short oral argument week Tuesday, during which the justices will consider overturning Chevron deference, a decades-old doctrine that instructs courts to defer to federal agencies' interpretations of ambiguous statutes. 

  • January 12, 2024

    Ga. Hemp Seller Wants Sheriff Raid Suit Back In State Court

    A Georgia hemp product seller has asked a federal judge to return to state court its suit alleging the Muscogee County Sheriff and the Chattahoochee district attorney wrongly raided its stores for allegedly selling illegal cannabis, saying the removal came too late and has no support in the law.

  • January 12, 2024

    High Court Eyes Chevron Deference: What You Need To Know

    Will the U.S. Supreme Court overturn 40 years of doctrine telling courts to defer to federal agencies when interpreting laws? That's what is at stake Wednesday when the justices hear two cases, both from fishing companies that have asked the court to turn its back or limit the impact of the 1984 decision in Chevron v. Natural Resources Defense Council. Here, catch up with Law360's coverage of the cases brought by Loper Bright Enterprises and Relentless Inc.

  • January 11, 2024

    NJ Judge Not Convinced Epidiolex Seller Lied To USPTO

    A New Jersey federal judge on Thursday dismissed allegations that 19 Jazz Pharmaceuticals patents covering its epilepsy treatment Epidiolex aren't enforceable, saying there's no evidence that the company lied to the patent office to dodge higher fees.

  • January 11, 2024

    Tribal Biz Wants Calif. DA Barred From Wrecking Greenhouses

    A business owned by a tribal conglomerate led by the Crow Tribe of Montana asked a California federal judge Wednesday to bar San Bernardino County officials from entering property it acquired and destroying greenhouses based on their use in an illegal cannabis operation run by the tenants of a prior owner.

  • January 11, 2024

    Justices To Weigh In On Costs Of Corporate Silence

    The U.S. Supreme Court is scheduled to hear oral arguments next week in a shareholder dispute that has caught the attention of the U.S. Securities and Exchange Commission, which has raised concerns that a ruling against investors could let corporate executives off the hook for hiding damaging business information.

  • January 11, 2024

    Pot Co. Quit Paying Investor And Misstated Sales, Suit Says

    A Colorado cannabis company is alleged to have shunted a market partner it entered into a purchase agreement with, misrepresenting the health of its business and failing to hold proceeds meant for the plaintiff, a Denver District Court lawsuit contends.

  • January 11, 2024

    Charter Appeals Worker's $62K Award After Cannabis Firing

    Charter Communications is trying to get out of paying $62,000 in damages to an employee who claims she was fired because of her disability, telling a Connecticut state court that the worker failed a drug test and was likely smoking marijuana in its parking lot.

  • January 11, 2024

    Hemp Co. Exec Gets 6½ Years In $1.8M Investor Fraud Case

    A hemp company executive who pled guilty to misappropriating over $1.8 million in investor funds was sentenced in New York federal court to 6½ years in prison Thursday.

  • January 10, 2024

    Conn. Cannabis Co. Targeted Transgender Worker, Suit Claims

    A fired ex-supervisor at a Branford, Connecticut, marijuana dispensary says colleagues targeted her while she was transitioning from male to female and tried to get her in trouble by wrongly accusing her of being high at work, according to a state court lawsuit made public this week.

  • January 10, 2024

    Conn. AG Goes On 7-Suit Blitz Over 'Illicit' Cannabis Products

    Connecticut Attorney General William Tong has brought seven suits against three smoke and vape wholesalers as well as four retailers in the Constitution State who were allegedly selling unsafe and unregulated cannabis products, some of which contained 35 times the THC permitted in the state's legalized market.

  • January 10, 2024

    Cannabis, CBD Cos. Agree To Extinguish Contract Dispute

    A lawsuit claiming a unit of cannabis company Jushi Holdings refused to pay for CBD oil processed by plaintiff Thar Process Inc. has been voluntarily dismissed after counterclaims brought by a third-party defendant were dropped, a joint stipulation in New York federal court shows.

Expert Analysis

  • Series

    ESG Around The World: European Union

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    As the EU makes ESG regulation a priority, companies — both those based in the EU and others just doing business there — need to keep abreast of myriad new legislation that has either already taken effect or will in the near future, as noncompliance could result in fines, damages and director liability, say attorneys at Steptoe & Johnson.

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

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    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Issues Ahead As Psychedelic Medicine Faces Pivotal Moment

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    Recent regulatory changes and decriminalization efforts have opened doors for research and development in psychedelic medicine, but challenges like stigma, access and funding persist, meaning companies will need to address these issues to support the industry’s credibility, say consultants at FTI Consulting.

  • What Large Language Models Mean For Document Review

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    Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

  • Series

    Participating In Living History Makes Me A Better Lawyer

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    My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

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    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

  • How To Protect Atty-Client Privilege While Using Generative AI

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    When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

  • NY Cannabis Licensing Row Compounds State Industry Woes

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    A New York trial court’s recent injunction, preventing state regulators from issuing any new cannabis retail licenses, is the latest setback in a program rollout riddled with legal challenges and other delays, and will likely have negative impacts on operators, applicants, consumers and the state economy, say Meaghan Feenan and William Wolfe at Harris Beach.

  • How New Lawyers Can Leverage Feedback For Growth

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    Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

  • Series

    ESG Around The World: Australia

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    Clive Cachia and Cathy Ma at K&L Gates detail ESG-reporting policies in Australia and explain how the country is starting to introduce mandatory requirements as ESG performance is increasingly seen as a key investment and corporate differentiator in the fight for global capital.

  • In Ga., Promptness Is Key To Setting Aside Default Judgments

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    The Georgia Court of Appeals' recent vacating of a lower court's decision to set aside a default judgment against Samsung Electronics America is a reminder of the processes and arguments provided by Georgia's statutes for challenging default judgments — including the importance of responding quickly, says Katy Robertson at Swift Currie.

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

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    X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

  • Opinion

    Laws Based On Rapid Drug Tests Are Unscientific And Unfair

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    Given the widespread legalization of marijuana, states are increasingly implementing laws to penalize drivers under the influence of drugs, but the laws do more harm than good as the rapid tests they rely on do not accurately measure impairment, say Josh Bloom and Henry Miller at the American Council on Science and Health.

  • Avoid Telehealth Pitfalls In A Post-Pandemic Environment

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    As federal and state governments roll out various changes to regulation of telehealth services, health practitioners should remain vigilant and ensure that necessary professional standards — such as proper note-taking and documentation — are not neglected in a remote environment, say attorneys at Kaufman Borgeest.

  • 3rd Circ. Ruling Fine-Tunes The 'But It's Hemp' Defense

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    The Third Circuit’s recent U.S. v. Rivera decision, upholding the appellant’s conviction for marijuana possession, clarifies that defendants charged with trafficking marijuana have the burden of proving that the cannabis is actually federally legal hemp under the 2018 Farm Bill, say attorneys at McGlinchey Stafford.

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