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November 05, 2024
How Trump Can Quash His Criminal Cases
Donald Trump's projected victory at the polls also translates to a win in the courts, as the second-term president will have the power to end both of his federal criminal cases. And the U.S. Supreme Court's decision on presidential immunity would shield him from any consequences for ordering his charges to be dismissed, experts say.
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November 05, 2024
An Early Look At Trump's Supreme Court Shortlist
With former President Donald Trump projected to win the 2024 presidential election and the Republicans' success in securing the U.S. Senate majority, Trump may now get the chance to appoint two more justices to the U.S. Supreme Court, cementing the court's conservative tilt for decades to come.
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November 05, 2024
GOP's Senate Win Hands Future Of The Judiciary To Trump
Republicans were projected to take back the White House and Senate and possibly the House early Wednesday, putting the GOP in position to back Donald Trump's agenda and his slate of young, conservative judicial nominees.
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November 05, 2024
The Firms With An Inside Track To A New Trump Admin
Law firms that have represented Donald Trump and the Republican Party on everything from personal legal woes to election-related lawsuits could see the risks of that work pay dividends as Trump is projected to secure a second term in office.
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November 05, 2024
Cannabis And Psychedelic Reform Bids Fail In Multiple States
Efforts to liberalize cannabis and psychedelic laws via ballot initiatives met with defeat in multiple states on Election Day, dealing a blow to reformers of drug policies.
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November 05, 2024
On The Ground: How Attorneys Safeguarded The Election
Attorneys worked tirelessly Tuesday to support citizens and election workers on the final day of voting in one of history's most contentious presidential contests.
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November 04, 2024
Former Curaleaf VP Sues Over Pay Bias, Sexual Harassment
A former executive at Curaleaf is suing the cannabis dispensary giant for discrimination and sexual harassment, claiming in Massachusetts federal court the company paid her white C-suite peers more money and ultimately sidelined her after she spoke out about male colleagues' lewd and racist remarks.
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November 04, 2024
With Lawsuit Pending, Nebraskans To Vote On Medical Pot
A pair of initiatives to legalize medical marijuana in Nebraska and regulate its sale will appear on the ballot on Election Day, but a pending legal challenge whose trial concluded Monday means it is unclear whether the initiatives will take effect even if they do get voter approval.
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November 04, 2024
Blind Man Says Mo. Dispensary Site Not ADA Compliant
A Missouri medical marijuana dispensary has not ensured that all would-be customers can use its website, according to a new lawsuit from a visually impaired man who says that the site is not accessible to him.
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November 04, 2024
Rehab Sued Over Staffer's Alleged Relationship With Patient
The father of a patient at a Newport Academy treatment center is alleging in federal court that one of the facility's care coordinators engaged in an inappropriate relationship while his son was a minor in the residential treatment program.
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November 01, 2024
Ex-Nuclear Worker Fired Over Drug Test Is Denied Rehearing
A Mississippi federal judge said he won't allow a former nuclear engineer for Entergy Operations Inc. to proceed with a wrongful termination lawsuit accusing the company of tampering with drug tests as retaliation for his refusing to falsify safety reports, decrying his arguments as "conjecture, speculation" and "conclusory allegations."
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November 01, 2024
Chicago Cannabis Co. Keeps Tips From Workers, Suit Claims
A Chicago-based dispensary chain, EarthMed LLC, was hit with a proposed class action lawsuit, accusing it of allowing management to steal large portions of tips meant for "budtenders."
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November 01, 2024
4 States To Vote On Expanding Cannabis Or Psychedelics
On Tuesday, voters in Florida, North Dakota and South Dakota will decide whether to legalize cannabis for adult recreational use, while Massachusetts — where marijuana is already fully legal — will decide whether to decriminalize and regulate certain psychedelics.
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October 31, 2024
1st Circ. Urged To Rethink Ruling On Maine Cannabis Grow
The First Circuit should reconsider its decision to allow the prosecution of a Maine marijuana entrepreneur whom the Feds say was operating an illicit grow site, arguing that it's unclear how far a licensed operator can stray from state cannabis law before federal law enforcement can get involved.
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October 31, 2024
FDA Warns Cos. Over E-Cigs That Look Like Tech Devices
The U.S. Food and Drug Administration has issued warnings to nine online retailers and one manufacturer for selling unauthorized disposable e-cigarettes with features that look like smart technology that may appeal to young people, such as the capacity to play games or play music.
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October 31, 2024
NFL, Broncos Say Player's THC Suit Belongs In Federal Court
The National Football League and the Denver Broncos are urging a Colorado federal court to keep in federal court a linebacker's suit alleging they discriminated against him by fining him for using medically prescribed synthetic THC, saying amending his complaint to remove references to his contract is not enough to warrant removal.
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October 31, 2024
The 2024 Law360 Pulse Leaderboard
Check out the Law360 Pulse Leaderboard to see which firms made the list of leaders in all-around excellence this year.
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October 31, 2024
Firms' Hiring Strategies Are Evolving In Fight For Top Spot
Competition for top talent among elite law firms shows no signs of slowing down, even amid economic uncertainty, with financially strong firms deploying aggressive strategies to attract and retain skilled professionals to solidify their market position.
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October 30, 2024
Cannabis Fertilizer Co. Can Mostly Bar Rival's IP Theft In Ads
A Seattle federal judge has curtailed a fertilizer manufacturer's use of a rival's name in marketing its cannabis-focused products, saying he found it "problematic" that the company's messaging suggests using both products in tandem.
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October 30, 2024
Pot Co. Cookies Sued Over Breach Of Settlement Agreement
A licensee of the Cookies brand of cannabis products is suing the parent company and its affiliates in Los Angeles court, alleging they have breached a recent settlement agreement by refusing to pay for the licensee's remaining Cookies-branded products.
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October 29, 2024
Pot Co. Neighbor Says He's Not Responsible for Transient Fire
A property owner is looking to dismiss a cannabis company's lawsuit accusing him of allowing a transient person to spark a fire that destroyed $3.8 million of cannabis, saying landlords don't have to protect their neighbors from third parties.
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October 29, 2024
NY Judge Says Law Sealing Illicit Pot Shops Unconstitutional
A New York state judge ruled Tuesday that a newly enacted New York City law empowering municipal officials to shut down stores selling unlicensed marijuana products is unconstitutional.
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October 29, 2024
Defunct Pot Co. CEO Says 'Grifter' Is Trying To Stop Settlement
The founder of a defunct marijuana greenhouse claims the $1.5 million settlement it made with a class of investors has been stymied in unrelated legal action filed by a "sophisticated grifter" looking for personal gain, urging a Colorado federal judge to push aside the bankruptcy action.
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October 29, 2024
Pa. DA Says ATF's Pot Patients Ban Doesn't Fit With Bruen
A Pennsylvania district attorney is urging a federal judge not to throw out his suit challenging a Bureau of Alcohol, Tobacco, Firearms and Explosives policy blocking medical cannabis patients from buying or owning firearms, saying the U.S. Supreme Court's recent precedent preempts the restriction.
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October 28, 2024
Surge In Nicotine Fee Suits Shows Wellness Program Risks
A recent crop of suits accusing large employers of violating nondiscrimination provisions in federal benefits law by making workers who use nicotine pay more for health insurance underscore the risk of using fees to offset healthcare costs, attorneys say. Here are five nicotine surcharge suits to keep an eye on.
Expert Analysis
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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.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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Proposed Cannabis Reschedule Sidesteps State Law Effects
The U.S. Department of Justice's recent proposal to move cannabis to Schedule III of the Controlled Substances Act provides certain benefits, but its failure to address how the rescheduling would interact with existing state cannabis laws disappointed industry participants hoping for clarity on this crucial question, says Ian Stewart at Wilson Elser.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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Opinion
State-Regulated Cannabis Can Thrive Without Section 280E
Marijauna's reclassification as a Schedule III-controlled substance comes at a critical juncture, as removing marijuana from being subjected to Section 280E of the Internal Revenue Code is the only path forward for the state-regulated cannabis industry to survive and thrive, say Andrew Kline at Perkins Coie and Sammy Markland at FTI Consulting.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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What 100 Federal Cases Suggest About Changes To Chevron
With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Drafting Calif. Cannabis Management Services Agreements
Meital Manzuri and Alexis Lazzeri at Manzuri Law explore the ways in which management services agreements function in the California commercial cannabis industry, and highlight a few specific terms and conditions that are crucial when drafting these agreements.