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Publications
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03.13.2024The Next Wave of Privacy Litigation: The Illinois Genetic Information Privacy ActUpdatesEnacted in 1998, Illinois’ Genetic Information Privacy Act governs the confidentiality and use of genetic testing and genetic information by employers and insurers. The statute was designed to prevent employers and insurers from using genetic testing and information as a means of discrimination.
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01.11.2024FTC Signals Tough Line in First AI Discrimination Case Under Section 5UpdatesThe Federal Trade Commission announced its first enforcement action alleging that discriminatory use of artificial intelligence was an unfair practice under Section 5 of the FTC Act on December 19, 2023.
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05.31.2022Supreme Court Holds That Prejudice Is Not Part of an Arbitration Waiver Analysis Under the FAAUpdatesThe U.S. Supreme Court, in a May 23 decision, ruled that the federal policy favoring arbitration does not authorize federal courts to impose a prejudice requirement when evaluating whether a party has waived its right to arbitration by litigating in court.
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04.07.2022Supreme Court Limits Federal Courts’ Jurisdiction to Enforce Arbitration AwardsUpdatesThe U.S. Supreme Court ruled that federal courts cannot enforce or vacate arbitration awards under Sections 9 and 10 of the Federal Arbitration Act.
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08.05.2021The Role of State-Level Cannabis Associations: A Conversation with Truman BradleyPodcastsWhile most people are discussing federal legalization of cannabis these days, the industry operates at a local level and the role of state-level cannabis associations is crucial.
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06.21.2021Cannabis Lab Testing and Standards Post Descheduling: A Conversation with Alena RodriguezPodcastsAs cannabis is legalized on a state-by-state basis, individual states are creating their own cannabis testing requirements to ensure consumer safety, and many of these requirements differ from one state to the next.
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2021 | BookCannabis Law: A Primer on Federal and State Law Regarding Marijuana, Hemp, and CBDUntil now, there has been no single reference to guide cannabis lawyers through the full continuum of legal challenges in the industry. This treatise fills that gap from a sophisticated perspective by highlighting key issues in more than a dozen practice areas and covering the impact of cannabis law from U.S. state and federal, as well as Canadian, enforcement and regulatory agencies.
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01.27.2021Entrepreneurship in the Cannabis Industry: A Conversation with Dr. Tim Shu, Founder and CEO of VetCBDPodcastsPerkins Coie associate Michael Bleicher is joined by Dr. Tim Shu, founder and CEO of VetCBD, a startup marketing CBD-infused supplements for pets.
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03.06.2020FDA Releases Report to Congress Regarding CBDUpdatesThe federal Food and Drug Administration (FDA) just released a report to Congress regarding the agency’s progress toward comprehensive regulation of hemp-derived cannabidiol (CBD).
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01.10.2020CBD in New York—Differences in State, City Regulation Leave QuestionsArticlesThe absence of clear federal guidance regarding food and beverages that contain cannabidiol (CBD) has led to a patchwork of state-level regulatory actions across the country. Without uniform guidelines, states have adopted varying and often conflicting approaches.
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12.18.2019A New Class—The CBD Lawsuit Floodgates Are OpeningArticlesA flurry of recent class action lawsuits against manufacturers of CBD products involving a range of claims—from marketing to stock pricing to CBD content—should put the industry on alert. Perkins Coie attorneys look at the recent spate of class actions, what the FDA is doing, and offer mitigating steps for CBD suppliers and manufacturers.
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12.04.2019Multiple CBD Class Actions Filed With More ExpectedUpdatesOn the heels of the U.S. Food and Drug Administration’s (FDA) recent declarations regarding the safety of products containing cannabidiol (CBD), several companies have been hit with class action lawsuits alleging that the company’s CBD-containing products are mislabeled and falsely advertised in violation of state law.
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11.26.2019FDA Declines to Conclude CBD is Safe and Sends Flurry of Warning LettersUpdatesOn November 25, 2019, the U.S. Food and Drug Administration (FDA) took several significant actions regarding sellers of products containing cannabidiol (CBD).
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11.01.2019USDA Issues Interim Rules Regarding Hemp Production (Finally)UpdatesSince late February 2019, the U.S. Department of Agriculture (USDA) has been promising to publish guidelines regarding hemp production.
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10.25.2019FDA and FTC Take More Forceful Tone With CBD ManufacturerUpdatesThe U.S. Food and Drug Administration (FDA) and Federal Trade Commission (FTC) sent a joint warning letter on Tuesday, October 22, 2019, to Rooted Apothecary, LLC, alleging that the Florida-based company has been making egregious advertising claims.
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09.27.2019INSIGHT: Banking Services for Legal Hemp May Open Door to Broader Cannabis MarketArticlesOn Aug. 20, the National Credit Union Administration (NCUA) announced that federally insured credit unions may offer financial services to legal hemp businesses, a promising step toward legal banking for the broader cannabis industry.
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08.01.2019Outgoing FDA Commissioner Proposes Expedited Steps for Approval of CBDUpdatesFollowing the recent public hearing held by the Food and Drug Administration (FDA) regarding the safety and efficacy of cannabidiol (CBD), many in the food and beverage industry asked how long it will take for the agency to establish a regulatory pathway for approval of CBD as a food additive.
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06.21.2019Insight: FDA Considers Pathway for Legalizing CBDArticlesThe Food and Drug Administration held its first public hearing on May 31, 2019 concerning products containing cannabis or cannabis-derived compounds (in particular, cannabidiol (CBD), a popular additive to food, beverages and supplements).
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05.31.2019Food and Drug Administration Considers Pathway for Legalizing CBD at Public HearingUpdatesOn May 31, 2019, the Food and Drug Administration (FDA) held its first public hearing concerning products containing cannabis or cannabis-derived compounds (in particular, cannabidiol (CBD), a popular additive to food, beverages and supplements).
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02.22.2019Canadian Cannabis Industry Employees Face Risks When Crossing the U.S.-Canadian BorderUpdatesThe legal Canadian cannabis industry is booming, and U.S. companies can benefit from the prospering cross-border industry by partnering with Canadian companies.
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12.31.2018What Does the 2018 Farm Bill Mean for the Hemp and CBD Businesses?UpdatesPresident Trump signed the Agriculture Improvement Act of 2018 (popularly known as the 2018 Farm Bill) into law on December 20, 2018.
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09.18.2018What We Heard at the FTC Hearings: Day 1ArticlesIn this first of a series on the FTC’s multipart hearings, we offer some key takeaways from the initial hearing.
Cannabis Legal Highlights
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U.S. House Votes SAFE Banking Legislation into Defense Bill
Late last evening, the U.S. House of Representatives passed SAFE Banking legislation by voice vote, offered as an amendment to the National Defense Authorization Act (NDAA/H.R. 4350). While SAFE Banking legislation previously passed in the House, it had stalled in the Senate due to Republicans’ demands for changes that would have transformed the bill from... Continue Reading…
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The Role of State-Level Cannabis Associations: A Conversation with Truman Bradley
While most people are discussing federal legalization of cannabis these days, the industry operates at a local level and the role of state-level cannabis associations is crucial. Perkins Coie associate Michael Bleicher is joined by Truman Bradley, Executive Director of the Marijuana Industry Group (MIG), the oldest and largest trade association in Colorado for the... Continue Reading…
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Cannabis Lab Testing and Standards Post Descheduling: A Conversation with Alena Rodriguez
As cannabis is legalized on a state-by-state basis, individual states are creating their own cannabis testing requirements to ensure consumer safety, and many of these requirements differ from one state to the next. Perkins Coie associate Michael Bleicher is joined by Alena Rodriguez, Managing Director of Rm3 Labs, a leading cannabis testing laboratory in Colorado.... Continue Reading…
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FTC Continues Crackdown on Unsupported CBD Marketing
Today, the U.S. Federal Trade Commission (FTC) announced a settlement in its most recent law enforcement action in its ongoing efforts to monitor the marketplace regarding misleading cannabidiol (CBD) product claims. The action targets Kushly Industries LLC (Kushly) and the company’s sole officer for allegedly making false or unsupported health benefit claims about Kushly’s CBD... Continue Reading…
