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Cannabis
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December 08, 2023
Ayahuasca Church Not Tax-Exempt, US Tells DC Circ.
An Iowa church that used a federally illegal psychedelic in its rites was correctly denied tax-exempt status by the Internal Revenue Service and a district court, the federal government told the D.C. Circuit on Friday, saying the church was organized and operated primarily for a nonexempt, illegal purpose.
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December 08, 2023
NY Regulators OK Medical Pot Cos.' Pivot To Recreational
New York cannabis regulators, in compliance with the terms of a recent legal settlement, approved a resolution Friday to let some medical marijuana businesses begin operating in the nascent adult-use cannabis market.
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December 08, 2023
Seattle Pot Shop Sued Over Collapsed Deal To Sell Licenses
A lawsuit in a Washington state court says a cannabis company broke a $480,000 settlement by not maintaining a business license associated with a dispensary or keeping up with payments owed to the plaintiff.
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December 08, 2023
Hemp Cos. Tell 4th Circ. To Block Va.'s 'Total THC' Law
A group of hemp companies is asking the Fourth Circuit to issue an injunction blocking the enforcement of a new Virginia law that bans hemp products based on their total THC, saying a district court was wrong in concluding the law was not preempted by the 2018 farm bill.
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December 07, 2023
Congress Members Pitch Bill Letting States Set Pot Policy
Members of Congress on Thursday unveiled a revamped version of a bipartisan bill to allow states, tribes and U.S. territories to implement their own marijuana policies without interference from federal prohibition.
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December 07, 2023
Ohio Pot Company Drops Fraud Claims Against NY Firm
An Ohio marijuana company has voluntarily dropped the New York federal fraud suit it filed against a Big Apple law firm in 2021, according to a notice of dismissal it entered Thursday.
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December 07, 2023
Pot Group Urges 8th Circ. To End Block On Ark. Hemp Law
The American Trade Association for Cannabis and Hemp is urging the Eighth Circuit to undo an order blocking enforcement of an Arkansas law regulating intoxicating products made from hemp, saying that the law is not preempted by federal law because the products fall outside the scope of the 2018 Farm Bill.
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December 07, 2023
6th Circ. Unsure About Reigniting Hemp-For-Cancer Bias Suit
The Sixth Circuit seemed unsure during oral arguments Thursday about whether an Airgas USA LLC technician was unlawfully fired for having cancer after a drug test indicated he had a form of THC in his system, with the three-judge panel coming down hard on both sides' counsel.
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December 07, 2023
The 5 Biggest Georgia High Court Rulings Of 2023
In some of the Supreme Court of Georgia's biggest decisions of 2023, the state's justices allowed a law banning most abortions after about six weeks of pregnancy to remain in effect, upheld the state's $250,000 punitive damages cap in a $50 million assault case, and ruled that adult children can file wrongful death suits when surviving spouses won't.
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December 07, 2023
Investment Co. Seeks Sanctions In Pot Real Estate Row
An investment company and real estate firm are asking a Los Angeles judge to disqualify attorneys for a cannabis company that is suing them over an alleged breach of contract, saying the attorneys violated the court's protective order in a recent filing.
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December 06, 2023
Ohio Senators Rewrite Voter-Approved Pot Legalization
The Ohio State Senate spent Wednesday evening passing last-minute revisions to Ohio Issue 2, which legalized marijuana in the state, to decrease the amount an adult could possess while allowing some to be grown at home.
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December 06, 2023
Receiver Appointed In Calif. Dispensary Contract Dispute
A Los Angeles judge has appointed a receiver to take over operations of a dispensary at the center of a suit by the dispensary's owner alleging that former executive Vincent Mehdizadeh had exploited a coveted social equity license and sought to take over the business.
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December 06, 2023
MedMen Decision In Fraud Suit Upheld For Lack Of Evidence
A suit alleging MedMen Enterprises Inc. tricked another company to sell part of its business by misrepresenting legends on securities won't be revived because no admissible evidence shows the cannabis company made material misrepresentations — or that the plaintiff was hurt by any alleged representations, an Arizona appellate panel has ruled.
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December 05, 2023
Investor Fights For New Shot At Cannabis Co. Accounting Suit
An investor who alleged cannabis company Cronos Group Inc. violated "black-and-white accounting standards" to artificially boost quarterly revenue by 40% is asking to amend a consolidated lawsuit's claims post-dismissal, arguing that a New York federal judge's November decision to toss the case with prejudice ran afoul of Second Circuit precedent.
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December 05, 2023
5th Circ. Unsure Of Free Speech Claims In Tobacco Case
A Fifth Circuit judge appeared skeptical Tuesday of an argument by R.J. Reynolds Tobacco Co. that cigarette companies' freedom of speech is being violated by government mandated text warnings and supposedly graphic images on packs of cigarettes to advertise the health risks of smoking.
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December 05, 2023
Suspended Cannabis Regulator Wins Disciplinary Hearing Delay
A Massachusetts state judge on Tuesday delayed a disciplinary hearing for the state's suspended cannabis regulator, finding it would be unfair to force her to defend herself in a "piecemeal" process while she lacked significant information about an ongoing investigation.
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December 05, 2023
Ala. Pot Co. Sues Regulators Over Rescinded License
A cannabis processor is suing the Alabama Medical Cannabis Commission and its members in federal court, alleging that its processing license was rescinded without notice or proper justification after it paid a $40,000 licensing fee, in violation of due process rights.
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December 04, 2023
Pa. Court Told Overdose Prevention Org. Has Religious Views
An attorney for an overdose prevention nonprofit told a Pennsylvania federal judge Monday that the government is seeking a ruling that would force drug users onto the street and violate the Philadelphia nonprofit's right to exercise its religious beliefs.
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December 04, 2023
Mass. Court Mulls Delay Of Pot Chair's Misconduct Hearing
The suspended chair of Massachusetts' cannabis regulator will learn by Tuesday morning whether a state court will press pause on a private hearing over misconduct allegations, a judge said.
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December 04, 2023
GOP Effort To Rewrite Ohio Pot Legalization Spurs Backlash
Cannabis reformers and hemp industry advocates on Monday sounded the alarm about a Republican-led proposal to substantively rewrite Ohio's voter-approved marijuana legalization law just days before it is due to take effect.
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December 04, 2023
Magistrate Says Not To Block Fla. Hemp Stop-Sale Orders
A Florida magistrate judge is recommending against granting an injunction to a hemp company seeking to block enforcement of stop-sale orders under the state's updated hemp regulations, saying the company hasn't shown that it's likely to succeed in its claims that the state overstepped by prohibiting out-of-state sales.
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December 04, 2023
Photog Says Cannabis Licensing Firm Used NYC Pic Without OK
A cannabis licensing firm copied a photographer's picture of the Empire State Building to push sales without permission, committing copyright infringement, according to a lawsuit from the photographer in New York federal court.
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December 01, 2023
Judge Tosses Pot Co.'s Fraud Claims Against Calif. City
The city of Baldwin Park has convinced a California federal court to strip away state law and federal racketeering claims from a lawsuit brought by a cannabis company and resident accusing the city of swindling him into buying an illegal cannabis license.
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December 01, 2023
Justices Call O'Connor 'American Hero,' 'Perfect Trailblazer'
Following news of retired U.S. Supreme Court Justice Sandra Day O'Connor's death at the age of 93, current and former high court justices paid public homage to her trailblazing career, devotion to the rule of law and illuminating charisma.
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December 01, 2023
Former Clerks Say Justice O'Connor Still Worth Emulating
BigLaw attorneys mentored by former U.S. Supreme Court Justice Sandra Day O'Connor, who died Friday after a lengthy battle with dementia, say she'll be remembered as an incisive jurist who always put facts and practical considerations above abstract ideological commitments, as well as a deeply gracious and down-to-earth woman who never let her dedication to the law overshadow her zest for life.
Expert Analysis
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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How Cannabis Cos. Are Adapting In Shifting Bankruptcy Arena
Recent bankruptcy cases show that federal courts have begun to demonstrate more openness to downstream businesses in the cannabis industry, and that even though receivership can be a viable option for those denied access to the bankruptcy system, it is not without its own risks and complexities, say attorneys at Troutman Pepper.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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Series
ESG Around The World: Mexico
ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Ohio Voters Legalize Cannabis — What Comes Next?
This month, voters approved a citizen-initiated statute that legalizes marijuana for recreational use in Ohio, but the legalization timeline could undergo significant changes at the behest of the state's lawmakers, say Daniel Shortt and David Waxman at McGlinchey Stafford.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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5 New Calif. Laws Employers Need To Know
Now is a good time for employers to evaluate personnel rules to keep pace with California’s newly adopted employee protections, which go into effect early next year and include laws regarding reproductive loss leave, cannabis use, workplace violence prevention and noncompete agreements, say attorneys at Farella Braun.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.