What if I told you that California of all places – where virtually any adult can purchase marijuana on demand – was trying to harsh the mellow of citizens trying to access certain hemp-derived products? On the next 30 for 30,…
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/ Administrative Law, Agriculture, Business Torts, Commercial Law & Contracts
How long can the government keep your property after lawfully seizing it? According to the D.C. Circuit in a recent decision, as long as the continued possession is still reasonable under the Fourth Amendment. This decision…
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/ Constitutional Law, Criminal Law
They say the first step is admitting you have a problem. My name is Whitt, and I’m a recovering litigator. I’ve spent years sending ugly letters and playing a zero-sum game with strangers, and it generally didn’t lead to a bunch…
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/ Business Organizations, Civil Procedure, Commercial Law & Contracts, Consumer Protection, Products Liability
The U.S. Department of Justice (DOJ) filed its first major complaint-in-intervention under the False Claims Act (FCA) premised on a government contractor’s alleged cybersecurity deficiencies since the DOJ’s Civil Cyber-Fraud…
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/ Administrative Law, Commercial Law & Contracts, Government Contracting, Science, Computers, & Technology
Good news, bad news if you’re a cannabis operator that owes money to a creditor. But probably bad news for the rule of law.
A federal appellate court has ruled that a cannabis operator is obligated to repay his debts to an…
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/ Alternative Dispute Resolution (ADR), Business Organizations, Commercial Law & Contracts
Did you know that OSHA does not currently have a specific standard covering heat stress hazards? Rather, OSHA uses the General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health Act, to impose requirements…
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/ Administrative Law, Health, Labor & Employment Law
The renewable energy industry in the United States has entered a new era of (relative) policy predictability and unprecedented economic incentives. From a legal perspective, the only certainty in a renewable energy practice is…
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/ Business Organizations, Energy & Utilities, Environmental Law
Fast-growing private companies are exciting to observe as outsiders, but on the inside the company founder has the challenge of securing enough capital to fuel the rapid growth of the business. The company’s continuous need for…
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/ Business Organizations, Finance & Banking, Mergers & Acquisitions
As the Atlantic hurricane season reaches its peak in September, bringing with it rainfall and flooding, a recent New Jersey court held a sewer overflow resulting from rainfall was not caused, directly or indirectly, by a flood…
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/ Commercial Law & Contracts, Insurance, Real Estate - Commercial, Real Estate - Residential
Over the past nearly two years, I have been talking to friends, clients, and basically anyone at parties about the slow progress (if I might be permitted to use that word in this context) of the Alabama medical cannabis…
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/ Administrative Law, Business Organizations, Commercial Law & Contracts, Health
A recent decision from the U.S. District Court for the Southern District of Florida demonstrates how facts supported by documents generated during the project can be vital to prime contractor/subcontractor disputes. In Berkley…
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/ Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Construction Law
OSHA has a time limit on issuing citations. It must issue a citation within six months of the occurrence of any violation. The only exception to this rule is where the employer has concealed the violative condition or misled…
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/ Business Organizations, Labor & Employment Law
Renewable energy project developers and contractors must be prepared to negotiate novel risks in a quickly changing global market. Technological innovations in renewable energy equipment and decreasing procurement and…
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/ Energy & Utilities, Environmental Law, Taxation
You might think the laws of King Edward I of England (1239-1307), George Washington’s whisky distillery, and an 1807 “Treatise on the Law of Idiocy and Lunacy” have little to do with the federal criminal code of 2024. And you…
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/ Administrative Law, Commercial Law & Contracts, Constitutional Law, Criminal Law
On July 10, 2024, the Consumer Financial Protection Bureau (CFPB) released a proposal to amend the existing mortgage servicing rules in Regulation X. The substance of the proposal has attracted a lot of attention and deservedly…
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/ Finance & Banking, Consumer Protection, Real Estate - Residential
