Consumer Finance Monitor Podcast Episode: The Cantero Opinion: The Supreme Court Leaves National Bank Preemption in Limbo
In That Case: Cantero v. Bank of America
SCOTUS applies the "discovery rule" in timely copyright infringement claim; Cher wins in Marital Settlement Agreement vs Copyright Grant Termination Notices; Student Athletes Win Revenue Share and NIL
Consumer Finance Monitor Podcast Episode: The U.S. Supreme Court’s Pending Ruling on National Bank Preemption: A Discussion of Cantero v. Bank of America, N.A.
U.S. District Court Addresses Federal Preemption for State Credit Reporting Laws
State Laws on Screening and Federal Preemption – Where Are We Now and Where Are We Heading? — FCRA Focus Podcast
Consumer Finance Monitor Podcast Episode: What the Recent Developments in Federal Preemption for National and State Banks Mean for Bank and Nonbank Consumer Financial Services Providers
The Presumption of Innocence Podcast: Episode 24 - Special Edition: Spotlight on the Association of Criminal Defense Lawyers of New Jersey
Law School Toolbox Podcast Episode 386: Listen and Learn -- Federal and State Powers (Con Law)
[Podcast] Cellular Agriculture and the Evolving Legal/Regulatory Landscape: A Conversation with Ahmed Khan
Keeping Up With the Bureau Episode 2: FCRA Preemption Issues, Infringing State Laws, and the CFPB's Position
#WorkforceWednesday: SCOTUS Rules on PAGA, Fifth Circuit Rules on COVID-19 Under WARN, Illinois Expands Bereavement Leave - Employment Law This Week®
California Employment News: US Supreme Court “Viking River” Decision Brings PAGA Relief for CA Employers
AGG Talks: Background Screening - What is FCRA Preemption, and Why Should You Care?
Law of the Land? Cannabis, Preemption, and SCOTUS [More with McGlinchey Ep. 37]
Bar Exam Toolbox Podcast Episode 162: Listen and Learn -- Federal and State Powers (Con Law)
#WorkforceWednesday: SCOTUS in Review, Biden Acts to Limit Non-Competes, NY HERO Act Model Safety Plans - Employment Law This Week®
Case In Point: Recent Developments in Employment Law
Employment Law Now V-96- LOTS of Big Employment Law Developments
Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn
Recently, the City of Denver’s Department of Public Health and Environment (DDPHE) ordered, among other things, the destruction of Titan Health LLC’s (Titan Health) marijuana plants that it deemed to “hav[e] evidence of...more
The legalization of marijuana - both recreational and medicinal - continues to sweep the nation. As a result, many employers are facing the same, perplexing question: Should we continue drug testing employees for...more
A little more than a decade ago, marijuana use was illegal in every state. Marijuana use is now fully legal in 18 states and the District of Columbia, and an additional 18 states allow use for medical reasons. Going...more
Cannabis is illegal under federal law, but legal for certain uses in many states. Might the U. S. Supreme Court resolve this conflict in a Workers’ Comp case? In this episode of the "More with McGlinchey" podcast, attorneys...more
On October 13, the Supreme Court of Minnesota barred an employee from getting reimbursed for medical marijuana treatment for a work-related injury. Although the employee was entitled to reimbursement from her employer under...more
Organizations in employee-friendly New Jersey have long been faced with a choice between compliance with permissive state marijuana regulations or with stricter federal mandates. The Supreme Court of New Jersey, in Hager v....more
The 2018 Farm Bill made waves in the cannabis industry by descheduling some cannabis products from the Controlled Substances Act for the first time. While the bill removed restrictions under federal law, it also encouraged...more
As cannabis products become legal in more and more states, commercial interest grows in protecting the trademarks associated with those products. The United States Patent and Trademark Office has maintained its refusal to...more
In a groundbreaking decision, the New Jersey Superior Court decided the outcome of the confusing dispute between federal and state medical marijuana laws when it comes to paying for medical marijuana as a workers’...more
On January 10, 2020, Colorado Representative Jovan Melton (D) introduced House Bill 20-1089, which proposes to clarify that the existing prohibition on an employer terminating an employee for the employee’s lawful off-duty...more
On January 13, 2020, the Appellate Division ruled that medical marijuana may provide a reasonable and necessary form of treatment in workers’ compensation cases. In Hager v. M&K Construction, the Appellate Division affirmed a...more
Although legal for medical and recreational use in Colorado, cannabis is still federally classified as an illegal Schedule 1 substance. As such, tension results when considering the applicability of federal employment...more
On October 12, 2019, Governor Newsom signed Assembly Bill 1291 (“AB 1291”) into law, which requires companies to sign a so-called “labor peace” agreement with a union or risk losing their cannabis license; thereby,...more
The laws and regulations of the U.S. and each individual state are evolving at a significant pace concerning one genus of flowering plants, and mostly with a tender embrace. Despite being criminalized for the greater part...more
Following the close of one of the longest legislative sessions in recent Arizona history, Governor Doug Ducey had 10 days to act on a bevy of bills – whether to veto, to sign or to let them become law without his signature....more
For years, many have argued that the federal government should legalize marijuana. Despite a vocal minority advocating for legalization, such efforts have largely fallen on deaf ears....more
Wisconsin employers reviewing Governor Tony Evers’ very first budget proposal may be surprised by the number of the employment-related items. ...more
In this episode, Richard Church and Spencer Hamer discuss key takeaways for the health care industry upon certain developments in labor and employment law over the past year. Specifically, this episode provides an overview of...more
At the end of 2018, the Superior Court of Delaware held that a terminated employee could proceed with his lawsuit, alleging that his employer terminated him for being a medical marijuana cardholder....more
The passage of the 2018 Farm Bill capped off a momentous year for cannabidiol, or CBD, a non-psychoactive derivative of cannabis. As we wrote about here, the year kicked off with the rescission of the Cole Memo, the DOJ’s...more
The closely watched Massachusetts cannabusiness case, Crimson Galeria Limited Partnership, et al. v. Healthy Pharms, Inc., et al., has been dismissed. On November 9, 2018, Judge Allison D. Burroughs of the U.S. District Court...more
It may be hard to believe, but it’s been 22 years since California became the first state to permit the legal use of medical marijuana. In the years since, it has been impossible to ignore the changing tide of public opinion...more
A Federal District Court in Connecticut has held an employer liable for discrimination under Connecticut state law for rescinding an offer to an employee who tested positive for use of medical marijuana, even though the...more
Picking up from an earlier post this month post, this week, we’re drilling down into the arguments raised by Century Bank and Trust Company[1]—one of the non-government defendants—as to why the Plaintiffs’ RICO claim against...more
Until a few cases over the last year, courts appeared to be just fine maintaining the paradox that while individuals could lawfully treat their disabilities with licensed medical marijuana use, employers could choose to pass...more