Summer 2020 | Cannabis Law and Policy

Litigation & Trials

Attempts to Weed Out Cannabis Businesses through Civil RICO Lawsuits

By Lisa L. Pittman

Plaintiffs attempting to force cessation of state-legal cannabis programs have turned to civil RICO, alleging that cannabis businesses are RICO enterprises because they are federally illegal and that all those who knowingly assisted the RICO enterprise formed an ongoing pattern of criminal racketeering activity.

Labor & Employment

Are Employment Rules Getting Hazier?

By Jazmyn J. Stover, Eliyahu S. Scheiman, Brandon L. Wyatt, Jessica Velazquez, and Peter G. Skiko

The chronic dispute between state and federal marijuana laws has left many employers confused about how to handle marijuana use in the workplace.

Tort

Yes to Cannabis! Just Not in My Backyard: An Analysis of Odor-Based Claims in the Cannabis Industry

By Christopher D. Strunk

Between regulatory enforcement actions, nuisance claims, and civil RICO suits, the cannabis industry faces significant civil liability from odor-based claims alone.

International Law

The Global Commoditization of Marijuana and Hemp: Where in the World Is Cannabis Headed?

By Charles Feldmann, Hannah Follender, Luis Armendáriz, Michael Cone, and Kevin Daly

An international group of legal and industry experts discusses the growing worldwide cannabis industry, the protection of cannabis intellectual property, recent developments in Mexican cannabis laws, and the implications of international treaties and trade.

Cybersecurity

CGL Exclusions for Cyberattacks and Loss of Electronic Data: Is There a Gap in Your Coverage?

By Larry P. Schiffer, Kristin Bryan, Ann LaFrance, and Glenn Brown

Explore the use of standard industry forms to cover cyber liabilities, the exclusions used in standard industry forms for data breach liability, and gaps in coverage between those standard business insurance forms and cyber liability or network security insurance policies.

Air & Space

Recent Cases Involving Arbitration of Aviation Disputes

By Roy Goldberg

Cases involving attempts to arbitrate disputes that arise in the aviation industry demonstrate that the existence of an arbitration clause does not mean that there will be no federal or state law litigation, with regard to both whether an arbitration can occur and whether the award will be enforced.

Tort

The Year in Review

By Dale M. Weppner

The Brief’s editor in chief reflects on the TIPS bar year and thanks outgoing chair Thea Capone for her steady guidance.

Tort

Insurance Coverage Litigation Committee

By Brandi L. Burke and Timothy M. Thornton Jr.

This TIPS committee is an important forum for networking, publishing, and strategic planning, as well as a pathway to leadership within the broader TIPS community.

Tort

Editorial Board Member: Peter Biging

A member of The Brief editorial board shares how he came to be a lawyer and how and why he came to be active in TIPS.

Tort

Update on the Latest Programs and Events in Your Tort Trial and Insurance Practice Section

TIPS highlights recent COVID-related webinars and invites members to look for upcoming webinars on topics suggested in a recent survey.

Diversity & Inclusion

11 Tips to Foster Belonging

By Michele Powers

Now more than ever, the ability to nurture relationships, communicate with respect, and model a coaching perspective are essential for our collective and individual success.