Cannabis

  • January 02, 2025

    9th Circ. Revives Pot Fines Suit Against Calif. County

    A proposed class of Northern California landowners can pursue a swath of constitutional claims against Humboldt County officials with the Ninth Circuit ruling they plausibly pled the county was overzealous in its efforts to crack down on allegedly illegal cannabis growers.

  • January 02, 2025

    Reps. Titus, Omar To Co-Chair Congressional Cannabis Caucus

    Democratic Reps. Dina Titus and Ilhan Omar announced Thursday that they have been appointed to co-chair the Congressional Cannabis Caucus, succeeding Reps. Earl Blumenauer and Barbara Lee, who are retiring at the end of the week.

  • January 02, 2025

    Texas Pot User's Gun Conviction Deemed Unconstitutional

    A Texas federal judge has dismissed a case against a cannabis user who pled guilty to owning a gun while being a user of controlled substances, finding that the law as applied to this case is unconstitutional because the government hasn't shown he was intoxicated at the time of his arrest.

  • January 02, 2025

    Hoboken Pot Dispensary Was Rightly Approved, Panel Finds

    A New Jersey appeals panel has given its approval to a Hoboken marijuana dispensary, saying the trial court was wrong to block it from operating based on an ordinance passed after it submitted a conditional use application for its location.

  • January 01, 2025

    The Top 5 High Court Cases To Watch This Spring

    The U.S. Supreme Court justices will return from the winter holidays to tackle major First Amendment questions and several administrative law disputes — all arising from the Fifth Circuit — that could further change how federal agencies promulgate rules and defend them.

  • January 01, 2025

    Copyright & Trademark Policy And Trends To Watch In 2025

    Congress has its sights set on cracking down on deepfakes this year with a pair of proposals aimed at establishing uniform protections for individuals nationally, and intellectual property attorneys are watching Illinois, which has become a go-to place to pursue online counterfeiters. Here are Law360's picks for the copyright and trademark policies and trends to watch this year.

  • January 01, 2025

    Cannabis And Hemp Lawsuits To Watch In 2025

    A California litigator alleging the unconstitutionality of multiple state and local cannabis licensure programs is pushing his actions through the federal circuit courts, hemp industry stakeholders are alleging that states have overstepped their authority with policies meant to rein in intoxicating products, and a coalition of marijuana companies' challenge to the federal ban on prohibition had its day in federal appellate court.

  • January 01, 2025

    Cannabis Advocates Hone Their Policy Goals For 2025

    With Republicans set to control the legislative and executive branches, cannabis advocates predict that federal cannabis reforms in 2025 are still achievable, but note they will likely be more incremental than holistic, with an emphasis on public safety and states' rights.

  • January 01, 2025

    Pa. Legislation To Watch: Noncompetes, Funding Solutions

    A new Pennsylvania law restricting noncompete agreements for certain healthcare workers has left some employment law attorneys with questions, while perennial public transit funding issues signal that revenue-generating regulations could appear on next year's legislative agenda.

  • December 23, 2024

    Altria Unit Convinces Calif. Court To Ban Retail Elf Bar Sales

    The e-cigarette unit of tobacco giant Altria Group scored a legal victory against the highly popular flavored vape brand Elf Bar after it convinced a California federal judge to block a number of smoke shops from selling the Chinese made products.

  • December 23, 2024

    House Report Says Gaetz Paid For Sex, Accepted Gifts

    Former U.S. Rep. Matt Gaetz regularly paid women for sex, including with one 17-year-old girl, used illicit drugs and accepted a trip to the Bahamas in excess of permissible gift amounts, according to a report released Monday morning by the U.S. House of Representatives Committee on Ethics.

  • December 20, 2024

    Panel Baffled Why Prosecutor Left Holding Bag In Weed Case

    A Michigan state judge who stuck the Wayne County Prosecutor's Office with a $66,000 bill for marijuana destroyed by police and said he'd "let the Court of Appeals sort it out" left those appellate judges scratching their heads — and reversing his decision on Thursday.

  • December 20, 2024

    Top Product Liability Cases Of 2024

    Some of the top cases for product liability for 2024 include an Ohio Supreme Court ruling on opioids and public nuisance, baby formula trials and an appellate decision in Fosamax litigation. 

  • December 20, 2024

    Trulieve Wants Quick Win Over Insurer In Wrongful Death Suit

    Trulieve said it's entitled to a default win against one of the two insurance providers it claims are supposed to indemnify it against a cannabis worker's wrongful death suit, saying the provider failed to respond to its litigation.

  • December 20, 2024

    Psychedelics Law Reformers Hit Multiple Setbacks In 2024

    In 2024, advocates, physicians and researchers attempted to broaden lawful access to federally illegal psychedelic drugs through a variety of avenues — the new drug approval process, litigation and a ballot initiative — with the upshot that the law remains largely unchanged and, for the most part, still restricts legal use and possession of these substances.

  • December 20, 2024

    Firm's Fee Battle With Pot Co. Could Turn On An Ellipsis

    The fate of Lowenstein Sandler LLP's battle over nearly $800,000 in unpaid legal fees with a cannabis dispensary could hinge on how a judge interprets an ellipsis in a legal brief.

  • December 19, 2024

    Vape Cos. Challenge Iowa Law Banning Many E-Cigarettes

    Iowan vape interests are looking to stop state officials from enforcing a new law prohibiting the sale of many e-cigarettes, claiming in a federal lawsuit that the statute was pushed by "Big Tobacco" company Reynolds American Inc. and targets products that help people quit smoking.

  • December 19, 2024

    Fed. Circ. OKs $95M Altria Vape Patent Win Against Reynolds

    The Federal Circuit on Thursday upheld a $95.2 million jury verdict against R.J. Reynolds for infringing Altria vape patents, rejecting Reynolds' arguments that the finding was not supported by the evidence and was based on expert damages testimony that was unreliable.

  • December 19, 2024

    The Spiciest Quotes Heard In Mass. Courts In 2024

    Another year of hard-fought litigation was replete with quips, barbs, and both attorneys and defendants put on blast — plus one litigant who simply wished for the return of a nine-foot bedazzled grand piano.

  • December 19, 2024

    2nd Circ. Mulls Dormant Commerce Applicability To Marijuana

    A Second Circuit panel appeared conflicted Thursday on whether the dormant commerce clause applies to federally illegal marijuana and, if so, whether New York cannabis regulators still had an interest in ensuring that some cannabis licenses went to locals.

  • December 19, 2024

    Cannabis Co. Proper Brands Purchased As Part Of $397M Deal

    Missouri cannabis operator Proper Brands, advised by Cassels Brock & Blackwell LLP, on Thursday announced plans to merge with medical cannabis company Vireo Growth Inc., advised by Dorsey & Whitney LLP, as part of a series of all-stock transactions totaling $397 million.

  • December 18, 2024

    Split 9th Circ. Backs 46-Month Prison Term For Stock Pumper

    A divided Ninth Circuit on Wednesday affirmed a 46-month sentence for a Canadian man convicted of securities fraud in a pump-and-dump scheme involving a cannabis and gaming company, rejecting his argument that the lower court erred by calculating "intended loss" to enhance his sentence, since circuit precedent recognizes both actual and intended losses.

  • December 18, 2024

    Solar Co. Wants Colo. Hemp Growers' $200M Suit Tossed

    Energy company AES Corp. wants out of a $200 million lawsuit brought by Colorado hemp growers over broken irrigation lines, saying the farmers are "feign[ing] ignorance" in hopes of keeping the suit in Colorado federal court.

  • December 18, 2024

    Philip Morris Sues FDA Over New Cigarette Warning Labels

    Tobacco giant Philip Morris and a group of Georgia convenience store interests have sued the U.S. Food and Drug Administration over a rule that would add graphic warnings to cigarette labels, alleging the agency is exceeding its statutory authority in a move that would mark a "sea change" for the industry.

  • December 18, 2024

    RJ Reynolds Asks Justices To Toss Forum Shopping Argument

    R.J. Reynolds Vapor Co. is urging the U.S. Supreme Court to reject the U.S. Food and Drug Administration's argument that the vape company engaged in forum shopping when it challenged denial of one of its applications in the Fifth Circuit, saying its Texas- and Mississippi-based co-petitioners make the Fifth Circuit the proper venue.

Expert Analysis

  • Firms Still Have The Edge In Lateral Hiring, But Buyer Beware

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    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.

  • Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

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    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.

  • Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity

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    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.

  • Series

    Gardening Makes Me A Better Lawyer

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    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.

  • What New Calif. Law Means For Cannabis Lounges

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    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.

  • Litigation Inspiration: Reframing Document Review

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    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.

  • Series

    Flying Makes Me A Better Lawyer

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    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.

  • Series

    Circus Arts Make Me A Better Lawyer

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    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.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    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.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    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.

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    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.

  • Incoming Admin May Shake Up Life Sciences Regulation

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    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.

  • So You Want To Move Your Law Practice To Canada, Eh?

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    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.

  • Justices Must Weigh Reach Of Civil RICO In Cannabis Case

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    Oral arguments in Medical Marijuana Inc. v. Horn suggest that a majority of the U.S. Supreme Court may agree that a truck driver's losing his job after unknowingly ingesting THC and failing a drug test does not merit a racketeering claim — but the court may not buy the other side's theory of the case either, say attorneys at Lewis Baach.

  • Promoting Diversity In The Selection Of ADR Neutrals

    Excerpt from Practical Guidance
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    Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

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