Law 360 – Latest Cannabis Updates

Expert Analysis

• How To Hire Lateral Partners More Effectively

  

  Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.

• Engaging With International Carcinogen Evaluations

  

  Defense-oriented attorneys and corporations should be aware of the International Agency for Research on Cancer’s list of chemicals, pharmaceuticals and other exposures slated for review over the next five years, and begin preparing for eventual hazard evaluations by IARC working groups, say Eric Lasker and John Kalas of Hollingsworth.

• Opinion

  Cannabis Social Equity Programs Are Fundamentally Flawed

  

  While programs granting a licensing advantage to communities disproportionately impacted by the criminalization of cannabis have gained support in progressive legislative circles, they are failing due to poor legislative design, says Avis Bulbulyan of SIVA Enterprises.

• Texas Could Take Page From Mass.’s Judicial Selection Book

  

  As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts’ Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

• Opinion

  Flavored Vape Ban In Wash. Won’t Alleviate Lung Illness Crisis

  

  The Washington state cannabis industry has to abide by emergency rules passed in response to a very real health crisis, but there is no evidence, nor have there even been claims, of a connection between flavored cannabis vapor products and the outbreak of lung illnesses, says Samuel Mendez of Lane Powell.

• Series

  Judging A Book: McKeown Reviews ‘Conversations With RBG’

  

  Reading Jeffrey Rosen’s “Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law” is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

• Legislative Trends May Kill Texas Employer Cannabis Tests

  

  Following recent legislative developments — such as a Texas law that expands patient access to medical marijuana and proposed amendments to the federal Controlled Substances Act — many Texas employers are questioning whether to continue cannabis testing because it has become somewhat problematic, says Stephen Roppolo at Fisher Phillips.

• State Net

  States’ Vaping Bans Face Legal Hurdles

  

  With a still-developing outbreak of lung injuries linked to vaping, and e-cigarette bans in some states already blocked by courts, regulatory maneuvering over this issue is likely to be a major policy concern in the months to come, says Dave Royse of State Net Capitol Journal.

• Where A Litigator’s Advice Can Improve Agreement Drafting

  

  Transactional attorneys should consider consulting with litigation counsel when drafting certain contractual provisions — choice of law, choice of forum, attorney fees and others — that could come into play in a broad range of substantive disputes, says Adrienne Koch at Katsky Korins.

• Industrial Hemp Could Save American Agriculture

  

  For American farmers who have suffered through years of trade war tariffs and catastrophic weather, the new federally regulated industrial hemp production program offers much needed hope of new agricultural opportunity, says Richard Blau of GrayRobinson.

• Some Progress In Battle For Cannabis Biz Tax Deductions

  

  Cannabis taxpayers saw some promising developments recently in legislation allowing state-level tax deductions for cannabis business expenses and a U.S. Tax Court opinion — Northern California Small Business Assistants v. Commissioner — that indicates skepticism regarding the constitutionality of the federal ban on these deductions, says Jennifer Benda of Hall Estill.

• 4 Keys To Defending E-Cig Battery Explosion Cases

  

  As personal injury claims related to exploding lithium-ion batteries in vaping devices increase, defendants must understand the challenges facing both sides to increase the chance of avoiding liability, say Edward Abbot and David Freed of Hawkins Parnell.

• As Cannabis IP Grows, So Do State Licensing Headaches

  

  Washington and Colorado have come up with disparate regulations for cannabis-related intellectual property transactions, providing an indication of the licensing challenges ahead for attorneys drafting cannabis agreements across state lines, say attorneys at Eversheds Sutherland.

• Opinion

  Flat-Fee Legal Billing Can Liberate Attorneys

  

  Replacing hourly billing with flat-fee arrangements, especially for appellate work, will leave attorneys feeling free to spend as much time as necessary to produce their highest quality work, says Lawrence Ebner of Capital Appellate Advocacy.

• Spoliation Rule Remains Ambiguous Despite Amendments

  

  Although the Federal Rules of Civil Procedure were amended to provide a uniform standard of culpability for spoliation, cases with similar facts are still reaching differing results because the rule does not specify how a court should evaluate a party’s intent, say attorneys at Pepper Hamilton.