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Cannabis
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July 19, 2024
Ex-Bronco Linebacker Sues NFL Over Denied THC Exemption
A former linebacker for the Denver Broncos is suing the team and the National Football League, alleging they're violating the Colorado Anti-Discrimination Act by denying him an exemption to use synthetic THC to treat his disabilities.
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July 19, 2024
Prince Lobel Fires Atty Following Misconduct Investigation
A former general counsel for the Boston Cannabis Board turned chair of Prince Lobel Tye LLP's restaurant and hospitality group has been terminated by the Boston firm following an investigation, the firm confirmed to Law360 Pulse on Friday.
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July 19, 2024
Cannabis Co. Gets Investor Fraud Suit Thrown Out
A New York federal judge has thrown out a consolidated class action alleging Canopy Growth Corp. misled investors about the financial prospects of a newly acquired subsidiary, saying the complaint fails to show that the company knew it was misleading investors.
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July 18, 2024
FDA Sends More Warnings Over THC 'Copycat' Snacks
The U.S. Food and Drug Administration warned six companies to stop selling delta-8 edibles that resemble brand-name snacks such as Skittles, Chips Ahoy, Cheetos and Oreos, saying the lookalikes can fool "children or unsuspecting adults" and pose a real health hazard.
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July 18, 2024
Court Denies Bid To Halt NYC Crackdown On Illicit Pot Shops
A New York federal judge on Thursday rejected a bid from 27 retailers to halt city officials' enforcement efforts aimed at closing stores that sell cannabis without a license, saying the shops were unlikely to prevail on claims their due process rights were violated.
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July 18, 2024
Cannabis Co. Can't Snuff $300K Judgment In Contract Row
A Washington state appeals court has rejected a bid by cannabis company Royal Concentrates LLC and its owners to throw out a $300,000 judgment against them in a contract dispute with an investment partner, saying any error in the exclusion of a last-minute witness and evidence was harmless.
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July 18, 2024
Co-Op Employee Gets Win In $450K Hemp Property Fraud Suit
A farm cooperative employee scored a win in a case accusing a Florida businessman of swindling her out of a nearly $500,000 deposit meant for a hemp processing and growing facility, with a Virginia federal judge saying a criminal investigation into the entrepreneur should follow.
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July 17, 2024
Calif. Judge Admonished For Saying Victim Smelled Of Pot
A California state judge was publicly admonished for making a series of inappropriate remarks in court, including one instance where he said a victim smelled of marijuana, according to a decision by the California Commission on Judicial Performance.
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July 17, 2024
Chamber Of Commerce Urges Justices To Limit RICO's Reach
Business groups including the U.S. Chamber of Commerce are urging the U.S. Supreme Court not to extend the scope of the Racketeer Influenced and Corrupt Organizations Act to include personal injury-related claims in civil suits, in a case over alleged false advertisement of hemp-derived CBD products.
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July 17, 2024
ADA Can't Shield Worker From Failed Drug Test, Co. Says
A chemical transportation company urged a South Carolina federal court to toss a former lift operator's lawsuit alleging he was fired for taking legal CBD because of cysts on his brain and spinal cord, arguing disability law doesn't protect workers from positive drug tests for THC.
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July 16, 2024
Cannabis Patients And DOJ Offer Dueling Reads On Rahimi
A group of Floridians and the U.S. Department of Justice have advanced dueling interpretations of whether a recent U.S. Supreme Court ruling on gun laws justifies stripping medical cannabis patients of their right to bear arms.
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July 16, 2024
Ex-CBD Exec Gets $533K In Fla. Investment Fraud Suit
A Florida federal judge has awarded $533,600 to a former executive of a CBD company who alleged he was duped by his family members into investing, following a jury trial that ended with a mixed verdict.
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July 16, 2024
Ex-CBD Cos. GC Says Owner Hasn't Paid What Deal Promised
The former general counsel of several CBD companies has told a Pennsylvania federal judge that their owner failed to keep up her end of a settlement agreement that ended his suit to obtain over $600,000 in back pay and benefits he and his wife felt they were owed.
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July 16, 2024
The 2024 Diversity Snapshot: What You Need To Know
Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.
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July 16, 2024
These Firms Have The Most Diverse Equity Partnerships
Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.
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July 15, 2024
Teamsters Must Stay Out Of Cannabis Law Row, Co. Says
The International Brotherhood of Teamsters is trying to intervene in a suit over a California law's mandate for labor peace agreements to obtain money, a cannabis retailer claimed, telling the court that the union lacks an interest to justify its intervention.
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July 15, 2024
Fired NJ Cops Say ALJ's Ruling Backs Their Off-Duty Pot Use
An administrative law judge's decision reinstating a Jersey City police officer after the officer was fired for off-duty marijuana use provides an argument for dismissing the city's lawsuit against the state in which it argues that federal law is at odds with New Jersey law, police officers say in a letter filed Monday in federal court.
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July 15, 2024
Lighting Company Not Liable For Fire At Cannabis Farm
A Maryland federal judge has dismissed a lighting company from an insurer's suit alleging that lamps sold by its predecessor company caused a fire at a cannabis farm, saying it can't be held liable as a successor under Maryland law.
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July 12, 2024
Law360 Names 2024's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.
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July 12, 2024
NC Justices Asked To Take Up 'Double Odor' Pot Test Appeal
Police should not be able to establish probable cause to search a vehicle based on the smell of cannabis and a perceived "cover scent," such as cologne, according to a petition filed to the North Carolina Supreme Court which described this kind of conduct as a "stealthy encroachment" on constitutional rights.
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July 12, 2024
Ex-Quantix Worker Sues Abbott Labs Over Drug Test Firing
A former employee of Quantix SCS LLC is suing the company, Abbott Laboratories Inc. and two other drug testing companies, saying he was wrongly fired after testing positive for THC and the companies did not consider that it could have resulted from his use of legal CBD products.
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July 12, 2024
Tobacco Co. Wants Coverage After $89M Tornado Damage
A tobacco company blamed its insurers for failing to pay their portion after $89 million of snuff was damaged following a 2023 tornado, in a case removed to Tennessee federal court.
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July 11, 2024
Judge Won't Dismiss Cannabis Extraction IP Dispute
Subsidiaries of Canadian cannabis company Halo Collective Inc. can't escape patent infringement claims by a Colorado-based firm specializing in developing techniques for extracting hemp oil, a California federal judge has ruled, rejecting a slew of motions seeking summary judgment.
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July 11, 2024
Legal Foundation Urges Justices To Limit RICO's Civil Scope
The Washington Legal Foundation on Thursday urged the U.S. Supreme Court to overturn a Second Circuit decision allowing a trucker to sue three CBD companies under the Racketeer Influenced and Corrupt Organizations Act, saying the circuit court ignored RICO's structure and purpose.
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July 11, 2024
Navy Can't Get Out Of Ex-Marine's PTSD Discrimination Suit
A Washington federal judge won't let the U.S. Navy out of a suit from a former Marine alleging that he was discriminated against and terminated over his post-traumatic stress disorder, saying there is enough evidence that a fact-finder could determine his boss retaliated against him.
Expert Analysis
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Law Firm Professional Development Steps To Thrive In AI Era
As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.
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Conn. Regulators Are Coming For Unlawful Cannabis Sales
Regulatory and enforcement efforts against unlicensed cannabis sales in Connecticut have been ramping up this year, so it behooves retailers to prioritize compliance with all relevant statutes, lest they attract unwelcome scrutiny, says Eric Del Pozo at Shipman & Goodwin.
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Potential Marijuana Status Change Would Shift Industry Risks
Cannabis companies and their insurers should pay close attention to how the U.S. Department of Health and Human Services' move toward marijuana reclassification plays out, and the potential for a shakeup in the landscape for cannabis regulation at the state and federal levels, says Ian Stewart at Wilson Elser.
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The Basics Of Being A Knowledge Management Attorney
Excerpt from Practical Guidance
Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.
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What Big Tobacco's Cannabis Investments Mean For Market
The tobacco industry appears to be shoring up investments in the cannabis market, most recently with Philip Morris’ purchase of an Israeli cannabis tech company, pointing to a bright future for vaped and noncombustible products, and signaling that marijuana rescheduling may be on the horizon, say Slates Veazey and Whitt Steineker at Bradley Arant.
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To Hire And Keep Top Talent, Think Beyond Compensation
Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.
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Perspectives
More States Should Join Effort To Close Legal Services Gap
Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.
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Identifying Trends And Tips In Litigation Financing Disclosure
Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.
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What's Next For Adult-Use Marijuana In Ohio
After Ohio voters defeated a proposal that would have made it harder to pass any citizen-initiated constitutional amendment, a state ballot measure to legalize adult-use marijuana has fairly good chances of passing — but advocates still face a long road ahead, say Perry Salzhauer and David Waxman at McGlinchey Stafford.
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2023 Farm Bill Could Follow Md., Minn. Or NY's Lead On Hemp
As potential changes to federal hemp policy are hammered out in the 2023 Farm Bill, lawmakers may look to recent regulations promulgated in Maryland, Minnesota and New York, which provide several possible regulatory frameworks for hemp and synthetic cannabinoids, say Seth Gitner and Jonathan Havens at Saul Ewing.
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What's Notable In Connecticut's New Cannabis Laws
The Connecticut Legislature recently passed four bills containing cannabis provisions — ranging from applicable tax credits to labor agreement requirements — that may prove to be a mixed bag for state operators, say Sarah Westby and Deanna McWeeney at Shipman & Goodwin.
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Series
The Pop Culture Docket: Judge Elrod On 'Jury Duty'
Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.
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4 Business-Building Strategies For Introvert Attorneys
Excerpt from Practical Guidance
Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.
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What Calif. Pot Permit Ruling Means For Enviro Compliance
While a California appeals court's recent decision in Lucas v. City of Pomona affirms the city's use of a statutory exemption for its commercial cannabis overlay permit program, the ruling does not mean that all applicants seeking similar approvals are exempted from state environmental compliance obligations, say Whitney Hodges and Barbara Machado at Sheppard Mullin.
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Opinion
3 Ways Justices' Disclosure Defenses Miss The Ethical Point
The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.