News & Analysis as of

Federal v State Law Application

Working With a Commercial Cannabis Tenant

The emergence of legalized marijuana for recreational adult use in California, beginning in some counties as early as January 2018, will require those involved in commercial real estate to continue to consider the pros and...more

Growing Support for Legalized Marijuana in New England, Despite Uncertainty

by Wilson Elser on

Recent developments in three New England states indicate that popular support for legalized marijuana is growing, even as the federal government reverses the hands-off policy of the previous administration....more

PTAB Finds that Suing in Federal Court Waives Sovereign Immunity

by Knobbe Martens on

On December 19, 2017, a seven-judge expanded PTAB panel ruled that the University of Minnesota (UM) waived its Eleventh Amendment immunity defense when it filed a patent infringement action in federal district court. ...more

US Attorney General Sessions reverses Obama administration policy on cannabis

by Dentons on

In a memorandum issued on January 4, 2018, Attorney General Jeff Sessions reversed an Obama-era policy that the Department of Justice (DOJ) would not devote resources to the prosecution of persons acting in compliance with...more

Fintech Companies and Bank Charters: Options and Considerations for 2018

by White & Case LLP on

Fintech companies focused on payments or lending activities continue to seek solutions to minimize barriers to entry presented by myriad and disparate state licensing requirements. These efforts have given rise to numerous...more

Assessing the Sessions Memo’s Impact on Legalized Marijuana

by Burns & Levinson LLP on

As most are by now likely aware, last Thursday, Attorney General Jeff Sessions issued a memorandum to all U.S. Attorneys entitled “Marijuana Enforcement,” which noted that decisions to prosecute even legal marijuana have...more

Chronic Dispute: What The Sessions Marijuana Memo Means For Employers

by Fisher Phillips on

Attorney General Jeff Sessions issued a one-page memorandum on December 4th, rescinding Obama-era guidance that had allowed states to legalize medical and recreational marijuana with marginal federal interference, eliminating...more

There’s a New Sheriff in Town: Attorney General Reverses Obama-Era Cannabis Enforcement Policy.

Today, United States Attorney General Jeff Sessions has scuttled Obama-era federal law enforcement policy on marijuana. Effective immediately, the seminal Cole Memorandum and related guidance previously issued by the Justice...more

Sessions Nixes Cole Memo

by Burns & Levinson LLP on

Earlier today, Attorney General Jeff Sessions issued a memorandum rescinding several Obama-era policies (notably outlined in the Cole Memo) regarding the possession, distribution, and cultivation of marijuana. Whereas the...more

Sessions Memo Resets Federal Marijuana Enforcement Policy

The U. S. Department of Justice (DOJ) issued a memo dated January 4, 2018 regarding federal marijuana enforcement policy, directing all U.S. Attorneys to enforce the laws enacted by Congress and to follow well-established...more

U.S. Department Of Justice Ends Obama-Era Marijuana Policy

by Jackson Lewis P.C. on

Three days after retail sales of marijuana became legal in California, U.S. Attorney General Jeff Sessions announced today a new marijuana enforcement policy which rescinds long-standing policy set by the Obama...more

Marijuana May Be Headed For A Showdown Out West

by Ifrah PLLC on

Today, Attorney General Jeff Sessions issued a one-page memo to all U.S. Attorneys that announced a sharp reversal on the DOJ’s approach to marijuana prosecutions. Under the Obama administration, the DOJ issued a memorandum...more

California WARN Act Notice Requirements Apply to Temporary Layoff

by Farella Braun + Martel LLP on

The California Court of Appeal has held that the California Worker Adjustment and Retraining Notice (WARN) Act requires that employers notify employees of temporary layoffs, even if anticipated to last less than six...more

AG’s Conflicting Marijuana Policy Comments Leave Some Dazed And Confused

by Fisher Phillips on

If you have been following recent comments by Attorney General Jeff Sessions in an attempt to predict marijuana policy under the Trump Administration, you might be left scratching your head. In recent comments before...more

Fourth Circuit Joins Three Others in Determining that the Federal Courts Have Concurrent Jurisdiction over ICCTA Claims

by Nossaman LLP on

On November 16, 2017, the United States Court of Appeals for the Fourth Circuit determined that claims arising from the Interstate Commerce Commission Termination Act (“ICCTA”) can be litigated in the federal courts or at the...more

Lawyer for Advocates for Individuals with Disabilities Quietly Files More Serial ADA Lawsuits Targeting Valley-Area Hotels and...

by Jaburg Wilk on

The lawyer for the controversial Advocates for Individuals with Disabilities (AID), the organization that launched over a thousand nearly identical lawsuits against Arizona businesses last year, has quietly been filing a...more

Russian Oligarch Spars With Associated Press Over Whether DC Anti-SLAPP Statute Applies in Federal Court

by LeClairRyan on

Last month, Oleg Deripaska filed his response to the Associated Press’ anti-SLAPP special motion to dismiss. His brief argues that the Court should deny the Associated Press’ motion for multiple reasons...more

Automated Vehicles: Do New Act and Policy Clarify the Regulatory Future?

by Perkins Coie on

The Trump administration took its first major step to facilitate the deployment of automated vehicles with the Department of Transportation’s release of “Automated Driving Systems 2.0: A Vision for Safety,” an update to the...more

Fractal Geometry, Actuarial Risk, and §1332 Waivers—The Role of the States in Reforming Health Care

At this writing, the prospects for success of the latest Republican effort to replace the Affordable Care Act appear bleak — but the Graham-Cassidy bill on which the GOP has pinned its last-ditch hopes highlights a major...more

Greenhouse gas emissions trading schemes: A global perspective - United States

by White & Case LLP on

Individual states are expected to take the lead in regulating greenhouse gas emissions - In the US, the trading of greenhouse gas (GHG) emission-reduction credits is underway in a large group of states on the East Coast...more

Supreme Court Declines to Resolve Circuit Split on Debt Recharacterization

On August 10, 2017, the U.S. Supreme Court rescinded the grant of certiorari in PEM Entities LLC v. Levin on the grounds that review had been “improvidently granted.” The case seemingly provided a perfect vehicle to resolve...more

Federal Judge Blocks President Trump’s Effort to Punish Sanctuary Cities

On Friday, United States District Court Judge Harry Leinenweber blocked the U.S. Department of Justice from refusing to provide federal grant money to localities that had enacted “sanctuary city” laws protecting immigrants...more

Protection against DOJ interference with state medical cannabis programs extended until Dec. 8

by Thompson Coburn LLP on

A bipartisan short-term funding deal signed into law by President Donald Trump on Sept. 8 extended the Rohrabacher-Blumenauer Amendment protections for lawful medical cannabis programs that allow producers, retailers and...more

Minnesota Restaurateurs: Get Compliant with Tip Statutes Before Super Bowl LII

by Nilan Johnson Lewis PA on

Super Bowl LII at U.S. Bank Stadium presents a great opportunity for Minneapolis restaurateurs to generate significant income from parties hosted before and during the big game. With that opportunity, though, comes the...more

Edith Windsor: Saying Farewell to a Brave Woman

by Bowditch & Dewey on

In law school, I wrote papers on the tax consequences of death and divorce for same-sex married couples. The conclusions I drew in those academic exercises included advising same-sex married couples to plan for tragedy well...more

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