Month: February 2020

Friday round-up – SCOTUSblog

Friday round-up – SCOTUSblog

Posted Fri, February 14th, 2020 6:45 am by Edith Roberts Briefly: At USA In the present day, Richard Wolf predicts “a ferocious battle this 12 months if a seat falls vacant” on the Supreme Court docket. Garrett Epps weighs in at The Atlantic on abortion case […]

Deal with Logistics First | Above the Legislation

Deal with Logistics First | Above the Legislation

James Baldwin famously wrote, “Cash, it seems, was precisely like intercourse: you considered nothing else in case you didn’t have it and considered different issues in case you did.” Fortunately for us, Baldwin was not a trial lawyer however an incredible author, so we’ve nice […]

Hemp CBD Throughout State Traces: Ohio

Hemp CBD Throughout State Traces: Ohio


The Agriculture Enchancment Act of 2018 (“2018 Farm Invoice”) legalized hemp by eradicating the crop and its derivatives from the definition of marijuana beneath the Managed Substances Act (“CSA”) and by offering an in depth framework for the cultivation of hemp. The 2018 Farm Invoice offers the US Division of Agriculture (“USDA”) regulatory authority over hemp cultivation on the federal stage. In flip, states have the choice to keep up main regulatory authority over the crop cultivated inside their borders by submitting a plan to the USDA.
This federal and state interaction has resulted in lots of legislative and regulatory adjustments on the state stage. Certainly, most states have launched (and adopted) payments that may authorize the business manufacturing of hemp inside their borders. A smaller however rising variety of states additionally regulate the sale of merchandise derived from hemp.
In mild of those legislative adjustments, we’re presenting a 50-state sequence analyzing how every jurisdiction treats hemp-derived cannabidiol (“Hemp CBD”). Right this moment we flip to Ohio.
Hemp cultivation in Ohio is regulated by the Ohio Division of Agriculture (“ODA”). Notably, Ohio was among the many first states that obtained a 2018 Farm Invoice hemp manufacturing plan permitted by the USDA. Strategy to go, Buckeyes! Individuals who wish to develop hemp in Ohio might want to receive licenses from the ODA and hemp cultivated there’s topic to testing necessities established by the USDA’s interim hemp guidelines.
On the subject of Hemp-CBD, the state has not dialed in its regulatory regime. The ODA is within the strategy of reviewing public testimony earlier than adopting guidelines affecting the processing of Hemp CBD merchandise. In late 2019, there was a public listening to regarding proposed processing guidelines that may govern many several types of Hemp-CBD merchandise (as of as we speak, these rules haven’t been formally adopted). It’s vital to notice that these guidelines wouldn’t let anybody go and begin processing. As a substitute, licenses can be required and it seems just like the state’s necessities can be fairly complete.
The merchandise that the principles would govern embrace “hemp buds, flowers, cigarettes, cigars, shredded hemp, cosmetics, private care merchandise, dietary dietary supplements or meals meant for animal or human consumption, material, cordage, fiber, gas, paint, paper, particleboard, and some other product.” So mainly, something beneath the solar. Notably, the principles anticipate the manufacturing of Hemp-CBD merchandise (e.g., cosmetics and meals) but in addition anticipate using hemp in every kind of different merchandise that won’t be marketed for Hemp-CBD content material (e.g., paint and gas). These guidelines are due to this fact extraordinarily complete.
These guidelines would additionally impose some strict necessities on manufacture, together with fairly normal issues that our hemp attorneys see in different states. This contains testing and labeling, to start out.
In sum, whereas Ohio most likely isn’t wherever close to the highest of the record when folks take into consideration states that permit hemp, it’s truly extra pleasant than a whole lot of different giant states ( you California). Whereas states like California are nonetheless in prohibitionist mode for every kind of Hemp-CBD merchandise, states like Ohio are taking the wheel. For extra updates on Ohio’s Hemp-CBD legal guidelines, keep tuned to the Canna Legislation Weblog.

For earlier protection on this sequence, try the hyperlinks under:



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Petitions of the week – SCOTUSblog

Petitions of the week – SCOTUSblog

Posted Fri, February 14th, 2020 9:53 am by Andrew Hamm This week we spotlight petitions pending earlier than the Supreme Court docket that tackle, amongst different issues, whether or not a plasma donation middle is a “place of public lodging” topic to the necessities of Title […]

What In The Hell Are We Going To Do About Federal Judges?

What In The Hell Are We Going To Do About Federal Judges?

The U.S. Court docket of Appeals for the Ninth Circuit (picture by David Lat) Yesterday’s testimony of former Ninth Circuit clerk Olivia Warren rocked the authorized world. Given in the course of the Home Judiciary subcommittee listening to on misconduct throughout the federal judiciary, Warren’s […]

Washington Marijuana Companies: Watch Out for Cyber Assaults!

Washington Marijuana Companies: Watch Out for Cyber Assaults!


One in every of our Washington hashish purchasers not too long ago realized that its worker was the goal of a cybersecurity assault. The worker, who was following directions through a messaging app, wired cash to a person on the request of who he believed to be an proprietor of the corporate. That was not the case! The worker had fallen sufferer to a cybersecurity assault. Our shopper has requested us to publish this put up as a public service announcement to different hashish companies.
These assaults have gotten increasingly more prevalent as we proceed to speak on-line. On this case, the worker was a sufferer of “phishing,” which is a scheme the place a fraudster impersonates one other individual to induce people to disclose info or, on this case, ship cash. Different cybercrimes embody knowledge breaches, the place hackers get hold of delicate info by breaching an organization’s secured recordsdata after which use that info for identiy theft, blackmail, or to commit different crimes.  Cybercriminals can function throughout the globe that means that anybody on-line can rapidly develop into a goal. Marijuana companies in Washington State (and elsewhere) want to pay attention to the danger of cyber assaults as we enter a brand new decade.
No trade is protected from the specter of a cyber-attack or different safety incidents referring to expertise. Nonetheless, nefarious on-line fraudsters might even see a novel alternative within the marijuana trade. Marijuana companies typically have a scarcity of entry to conventional monetary companies and due to this fact take care of plenty of money. By the use of instance, examine a restaurant to a marijuana enterprise. A restaurant is inevitably going to take care of money. Diners might pay a complete invoice utilizing money or might go away a money tip after charging their meal. However, it’s unlikely that a restaurant’s proprietor pays its staff and distributors in money. Most eating places additionally don’t require that their prospects pay solely in money.
Now contemplate an ordinary marijuana enterprise. Washington’s leisure marijuana market is likely one of the oldest within the nation and plenty of marijuana companies in Washington can get hold of a checking account. Nonetheless, marijuana retailers are typically working on a “cash-only” enterprise mannequin as bank card corporations like Visa and Mastercard is not going to course of transactions that contain the sale of federally unlawful substance. Meaning retailers typically have giant quantities of money to take care of every day. A few of that money might go on to pay producers and processors for merchandise on the retailer’s cabinets. No matter the kind of license, many marijuana companies typically have giant quantities of money at hand.  It’s due to this fact not unparalleled for an worker of a marijuana enterprise to discipline requests that contain wiring money to a given account or in any other case undertake a transaction which may appear odd in some other trade. Lack of entry to monetary companies has made the bizarre regular within the marijuana trade.
Cybercriminals might also be drawn to marijuana companies as a result of illicit nature of marijuana underneath federal regulation. As we’ve written in all probability 1,000,000 instances, marijuana is illegitimate underneath federal regulation. That makes reporting cybersecurity occasions more difficult as a result of threat of self-incrimination. A marijuana enterprise might not wish to “make waves” by reporting to federal companies just like the Division of Justice (DOJ) or the Federal Bureau of Investigation (FBI). Nonetheless, it’s price noting that the FBI has sought out ideas referring to corruption within the hashish trade. Nonetheless, federal prohibition does, on the very least, complicate the flexibility of marijuana companies to report cybercrime. These considerations are usually not as pronounced if reporting to native regulation enforcement in states which have legalized marijuana.
When you’re involved about scams, here’s a nonexhaustive record of steps you could take to mitigate cybersecurity dangers earlier than they occur:
Inner insurance policies
Undertake or replace a coverage the place staff are to acquire affirmation by cellphone earlier than sending cash to any individual outdoors of the same old course of enterprise. This doesn’t imply that an individual must verify in earlier than paying a identified vendor, however would stop an worker from wiring cash based mostly solely on messages or electronic mail.
Test usernames and electronic mail addresses
If I electronic mail somebody, my identify will present up as “Daniel Shortt” and my electronic mail will learn “daniel@harrisbricken.com.” Somebody who was impersonating me may record their identify as “Daniel Shortt” even when their electronic mail tackle was “ScammyMcScammerson@fraud.web.” The identical idea is true with usernames. On twitter, my identify is “Daniel Shortt” and my deal with is @dshortt90. A fraudster may change his or her identify to Daniel Shortt with a deal with of @dshort90. That is even trickier as my deal with may be very near the fraudster’s (my identify has two t’s on the finish). Workers ought to be looking out for these faux emails and usernames.
Implement a protocol for reporting safety occasions
When you’ve been focused as soon as likelihood is you’ll be focused once more, maybe in a extra refined method. You need to have the ability to get the information out with out exposing your others to safety threats. Forwarding an electronic mail to a different employee simply will increase the danger of that individual clicking on a hyperlink to put in malware or participating with a fraudster. Establishing protocols to ship screenshots of suspicious messages or ahead them to a chosen fraud account are some examples of coping with this problem.
Audit your current safety procedures
This may be carried out in home or by hiring a marketing consultant or lawyer. When you don’t have a safety protocol in place, that’s an excellent larger motive to audit your organization’s operations. That approach you may determine dangers earlier than they occur.
Defend your passwords and different delicate info
You could wish to require that your staff use multi-step authentication software program when signing into firm accounts. This often requires that an individual verify their login on a separate machine corresponding to a smartphone app or hyperlink despatched through textual content. Make sure that your staff are usually not sending passwords by way of electronic mail or messaging companies. Passwords must also be advanced and altered often.
When you do fall sufferer to a cybersecurity assault make certain to reply rapidly and notify others in your group in regards to the risk. You must also attain out to your group’s lawyer or in-house counsel to debate subsequent steps, which can embody reporting to regulation enforcement.



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SCOTUS for legislation college students: The Supreme Court docket and the demise penalty

SCOTUS for legislation college students: The Supreme Court docket and the demise penalty

Dying penalty circumstances have lengthy been among the many most troublesome and divisive for the Supreme Court docket. With the chance that federal executions could resume this yr for the primary time since 2003, the courtroom’s function in these circumstances could develop much more complicated. […]

Dan Loeb Runs Aground – Dealbreaker

Dan Loeb Runs Aground – Dealbreaker

It’s not what you’re pondering: Dan Loeb himself, as an investor, is doing fairly effectively, thanks very a lot, despite the occasional misstep and his fury over what his president’s SEC proposes to do to traders like himself. It’s about his yacht. You keep in […]

Efficient Consumer Testimonials for Lawyer Advertising and marketing

Efficient Consumer Testimonials for Lawyer Advertising and marketing



Consumer testimonials have turn into a sizzling matter for legal professionals as they embrace advertising and enterprise growth, construct web sites and take part in social media. Some social media platforms, like LinkedIn, have a built-in mechanism for shopper testimonials (which they name suggestions). Platforms constructed particularly for legal professionals, corresponding to Avvo, additionally present a possibility for purchasers to touch upon their expertise with legal professionals. However ought to legal professionals ask for shopper testimonials? And what does an efficient testimonial seem like?
Why Use Consumer Testimonials?
Using shopper testimonials is a matter of non-public style and choice for legal professionals (and are topic to the moral guidelines of the lawyer’s jurisdication), however they are often very highly effective. Testimonials are a preferred lawyer advertising instrument exactly as a result of they’ve confirmed to be highly effective. If a shopper doesn’t have a referral from somebody they belief, a testimonial is the subsequent smartest thing. Testimonials carry extra weight than different advertising copy as a result of they’re the phrases of a 3rd get together, somewhat than the phrases of the enterprise (or regulation agency) themselves; they’re a great way for legal professionals to exhibit their worth by means of the phrases of their purchasers. These phrases could be very persuasive, and they are often an essential a part of your lawyer advertising and web site technique.
Learn how to Ask Shoppers for Testimonials
Not many happy purchasers will suppose to supply to supply their lawyer or regulation agency with a testimonial, though they could categorical their appreciation on to the agency. The second when the shopper expresses that appreciation is the very best time to ask the shopper for a testimonial. Whether or not the shopper expresses their appreciation verbally or in writing, ask whether or not they could be keen to share these ideas with others, and whether or not you should use them in your advertising supplies. Ask purchasers to scale back their feedback to writing and get their consent in writing to make use of their phrases. There’s nothing flawed with asking a shopper for a testimonial, simply as there’s nothing flawed with asking a shopper for referrals to others you could possibly assist.
Though unsolicited testimonials are the simplest to acquire for the reason that shopper does the be just right for you, you may additionally have loads of happy purchasers who don’t exit of their method to inform you about their expertise. You should still be capable of seize testimonials from these purchasers by asking them for his or her suggestions. You are able to do this verbally or in writing.
Consumer surveys needs to be part of your common routine to gauge your individual efficiency and the shopper’s satisfaction all through the engagement, to determine extra wants and enhance your providers to this shopper and future purchasers. This instrument can be useful for acquiring testimonials.
What Sorts of Testimonials Are Most Efficient?
Many advertising consultants will inform you to get outcomes based mostly testimonials, and people sorts of testimonials could be useful, notably in sure apply areas. Nonetheless, these testimonials could be troublesome or problematic to acquire, partly as a result of purchasers might not be keen to disclose (even anonymously) the specifics about their case in exhausting phrases, but additionally as a result of legal professionals must watch out about giving the looks of guaranteeing purchasers a selected final result. A few of that may be remedied by accompanying testimonials with disclaimers, however even then there’s a wonderful line to pay attention to, notably in sure jurisdictions. And a results-based testimonial adopted instantly by a disclaimer can water down the impact of the testimonial.
Most lay folks don’t select or consider their legal professionals based mostly upon technical authorized talent. As a substitute, they charge their lawyer based mostly upon the service they obtain and the shopper’s expertise along with your agency: how they’re handled and the way the lawyer (and the agency as a complete) makes them really feel. Solicit suggestions concerning the expertise of working with you or along with your agency. Ask purchasers about how they felt earlier than you took on their illustration and the way they really feel now that the matter has been concluded. Ask them what they suppose is the very best function of your service or what most shocked them about working with you.
Ideally, your advertising supplies ought to comprise testimonials that deal with totally different providers that you simply present to your purchasers. The mixture of tales and experiences from totally different purchasers addressing totally different points will present a a lot better image of your service as a complete.
Preserve the Consumer’s Voice
Though it’s possible you’ll need to information the shopper in creating their testimonial by utilizing  questions designed to solicit particular sorts of suggestions, the very best testimonials are within the shopper’s voice. With a purpose to be plausible, the testimonial should sound prefer it got here from the shopper, somewhat than the lawyer. It doesn’t must be slick, and possibly shouldn’t be. When the testimonial tells the shopper’s story in their very own voice, there can be no query that it’s real, even whether it is nameless.
Initially revealed 2011-02-22. Republished 2020-02-14.

Allison Shields is a regulation apply coach and guide with Authorized Ease Consulting.



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The 4 Fundamental Labeling Necessities for CBD Merchandise

The 4 Fundamental Labeling Necessities for CBD Merchandise

Final week, I attended Portland’s Hemp CBD Connex, an annual occasion that highlights the huge potential of hemp and CBD. Of curiosity to me–as a result of my apply focuses on the regulatory framework of CBD merchandise–was a panel entitled “Weeding Via the CBD Jungle: […]