Green Leaf Brief Blog
Hemp Industry 2024: State and Federal Changes
February 21, 2024
Read Time: in minsHemp Industry 2024: State and Federal Changes
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Green Leaf Brief Blog
February 21, 2024
Read Time: in minsHemp Industry 2024: State and Federal Changes
Alert
April 25, 2024
Read Time: in minsIn the latest edition of its Supervisory Highlights, the CFPB targets so-called “junk fees” in the mortgage servicing industry. According to the CFPB, its examiners found that mortgage servicers continued to assess junk fees in a wide array of activities, including unnecessary property inspection fees and improper late fees.
Alert
April 25, 2024
Read Time: in minsOn April 24, 2024, President Biden signed a sweeping foreign aid package into law. Tucked into the law is a slightly amended version of the “Protecting Americans from Foreign Adversary Controlled Applications Act” (the Act), which will force TikTok’s parent company, ByteDance, to sell TikTok or have it banned in the U.S.
Alert
April 24, 2024
Read Time: in minsOn April 17, 2024, the U.S. Environmental Protection Agency (EPA) issued a Pre-Publication Notice that it was submitting a final rule (Rule) for publication in the Federal Register, designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) (two types of per- and polyfluoroalkyl substances (PFAS)), as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund. This move will have a ripple effect on real estate due diligence.
Alert
April 24, 2024
Read Time: in minsAnother taxpayer has been stung by using the wrong version of a private delivery service, FedEx “Express Saver,” resulting in the late filing of an important tax document.
Alert
April 23, 2024
Read Time: in minsFollowing an extended public comment period that began in January of 2023, the Federal Trade Commission (FTC) voted Tuesday, April 23 to implement a new rule that would effectively ban non-compete agreements nationwide, except in limited circumstances.
Alert
April 23, 2024
Read Time: in minsAfter reviewing nearly 100,000 comments, the final rule has been adopted and was published in the Federal Register on April 19, 2024.
Alert
April 16, 2024
Read Time: in minsOn April 10, 2024, the U.S. Environmental Protection Agency (EPA) announced the final National Primary Drinking Water Regulation (NPDWR) under the Safe Drinking Water Act. The NPDWR established legally enforceable levels, called Maximum Contaminant Levels (MCLs), for six per- and polyfluoroalkyl substances (PFAS) in drinking water.
Alert
April 15, 2024
Read Time: in minsThe Supreme Court held that the FAA arbitration exception is not limited solely to employees of a company in the transportation industry.
Alert
April 12, 2024
Read Time: in minsColorado’s DIDMCA opt-out is set to go into effect on July 1, 2024, and will be significant for the financial services industry nationwide.
Attorney Published Article
April 5, 2024
Read Time: in minsIn recent years, several state legislatures have enacted consumer credit laws designed to regulate FinTech companies operating through partnerships with depository institutions, or more generally to limit the interest rates charged by those depository institutions.
Alert
April 2, 2024
Read Time: in minsOn October 11, 2023, the U.S. Environmental Protection Agency issued a final rule to require reporting under Section 8(a)(7) of the Toxic Substances Control Act for Perfluoroalkyl and Polyfluoroalkyl Substances.
Green Leaf Brief Blog
April 1, 2024
Read Time: in minsFlorida Supreme Court Paves Way for Voters to Legalize Recreational Marijuana in November
Alert
April 1, 2024
Read Time: in minsMarking a significant development for the cannabis industry both in the state of Florida and throughout the U.S., an initiative will appear on the November 5, 2024, ballot in Florida, which could amend its constitution to allow the sale of recreational marijuana.
Attorney Published Article
April 1, 2024
Read Time: in minsSupport for marijuana rescheduling has been pouring in as the Biden administration considers moving marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA).
Attorney Published Article
April 1, 2024
Read Time: in minsMissouri and Washington introduced new true lender bills intended to regulate companies, largely FinTechs, that operate under bank partnership models with federally insured depository institutions.
Attorney Published Article
April 1, 2024
Read Time: in minsMinnesota, Nevada, and Rhode Island are the most recent additions to the list of jurisdictions that have proposed legislation to opt out of the Depository Institutions Deregulation and Monetary Control Act (DIDMCA).
Alert
April 1, 2024
Read Time: in minsRecently, Vermont Senator Bernie Sanders introduced proposed legislation that would reduce the standard workweek in the United States from 40 to 32 hours.
Alert
March 22, 2024
Read Time: in minstice published on January 23, 2024, the Financial Industry Regulatory Authority (FINRA) announced the adoption of two proposed rules, both of which impact how member firms and associated persons approach remote work.
Attorney Published Article
March 18, 2024
Read Time: 1 minMember Mike Rubin (Baton Rouge) authored an article on the American Law Institute (ALI) Continuing Legal Education (CLE) Blog,"'Reply All' Regrets: Ethical Considerations for Electronic Communications."
Green Leaf Brief Blog
March 21, 2024
Read Time: in minsWhat is the Timeline for Rescheduling Marijuana?
Alert
March 21, 2024
Read Time: in minsIt is not yet known when the DEA will announce its recommendation or what the agency will recommend. Below, we explore the DEA’s options and potential timelines, as well as what will happen once the DEA does make a determination as to how marijuana will be scheduled going forward.
Green Leaf Brief Blog
March 20, 2024
Read Time: in mins“Hemp-Derived” THC in Massachusetts: Navigating the Regulatory Maze
Alert
March 20, 2024
Read Time: in minsThe recent proliferation of intoxicating hemp products containing “hemp-derived” THC in Massachusetts restaurants, liquor stores, and convenience shops has sparked a debate among state officials.
Alert
March 20, 2024
Read Time: in minsOn March 13, 2024, the U.S. House of Representatives passed the Protecting Americans from Foreign Adversary Controlled Applications Act (the Act) in a bipartisan vote, which would require the popular social media site TikTok to be sold or it would be banned in the U.S.
Attorney Published Article
March 14, 2024
Read Time: in minsIn July 2023, the Appellate Court of Maryland held, as a matter of first impression, that a reverse mortgage foreclosure sale did not extinguish a servicer’s right to insurance proceeds. The decision came in the case of Celink v. Estate of William R. Pyle.
Alert
March 15, 2024
Read Time: in minsThe Environmental Protection Agency’s (EPA) final methane rule limits methane emissions from the oil and gas sector and may be the latest battleground over whether the agency is exceeding its authority to regulate planet-warming emissions.
Alert
March 12, 2024
Read Time: in minsOn March 8, 2024, the Consumer Financial Protection Bureau (CFPB) announced it was seeking public input on so-called “junk fees” incurred as part of the closing process for residential mortgage loans.
Attorney Published Article
March 1, 2024
Read Time: in minsIn January 2024, the Massachusetts Supreme Judicial Court (“SJC”) heard oral arguments in Good v. Uber Technologies, Inc.
McGlinchey Commercial Law Bulletin
March 8, 2024
Read Time: in minsMcGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.
Alert
March 7, 2024
Read Time: in minsThe Stop WOKE Act was placed on life support in August 2022 and was then put on ice by the Eleventh Circuit on Monday.
Attorney Published Article
March 7, 2024
Read Time: in minsYou’re sitting at your desk and seeing that you have 5,000 applicants from across the country. How do you comb through these applicants?
Alert
March 6, 2024
Read Time: in minsThe Corporate Transparency Act (CTA) is unconstitutional, according to a March 1, 2024, ruling by Judge Liles Burke of the U.S. District Court for the Northern District of Alabama.
Alert
March 5, 2024
Read Time: in minsThis significant workplace retaliation case, Harris v. FedEx, underscores the critical importance of conducting thorough investigations into any allegations of discrimination or harassment by employees.
Alert
March 5, 2024
Read Time: in minsToday, the CFPB issued a Final Rule capping most credit card late fees at $8. The CFPB believes its new rule may save consumers more than $10 billion a year in late fee charges for an average household savings of $220 a year.
Attorney Published Article
March 1, 2024
Read Time: in minsWith the passage of H.B. 1633, which would legalize, tax, and regulate cannabis, New Hampshire may be on its way to becoming the twenty-fifth state to legalize adult-use cannabis.
Attorney Published Article
March 1, 2024
Read Time: in minsOver the last several years, there has been a dramatic increase in retail and online sales of products containing hemp-derived and synthetically created cannabinoids.
Alert
February 29, 2024
Read Time: in minsEPA finalized Test Method 1633, an environmental sampling method for analyzing up to 40 target PFAS in soil, groundwater, and other media.
Alert
February 27, 2024
Read Time: in minsThe Corporate Transparency Act (CTA) requires certain businesses to provide beneficial ownership information (BOI) to the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN).
Alert
February 23, 2024
Read Time: in minsOn February 6, 2024, FINRA published Regulatory Notice 24-03, which announced certain amendments to the Codes of Arbitration Procedure.
Alert
February 21, 2024
Read Time: in minsParticipants in the federally legal hemp industry are already required to navigate a complex web of federal and state law. However, in light of changes that have occurred and will continue to occur throughout 2024, hemp businesses must be prepared to pivot on a moment’s notice throughout the coming months.
Alert
February 21, 2024
Read Time: in minsEPA has announced a proposition to add nine PFAS to the list of hazardous wastes under the Resource Conservation and Recovery Act (RCRA).
Alert
February 16, 2024
Read Time: in minsNew Orleans’ resident federal court, the Eastern District of Louisiana, made notable changes to its local rules effective January 1, 2024, which impacts daily practice for most Eastern District attorneys.
McGlinchey Commercial Law Bulletin
February 16, 2024
Read Time: in minsMcGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.
Attorney Published Article
February 14, 2024
Read Time: in minsThe case of Hardwick v. 3M, a per- and polyfluoroalkyl substances (PFAS) class action lawsuit filed in Ohio, has been marked as one of the most significant legal cases in recent history. The Sixth Circuit Court of Appeals granted interlocutory review of this enormously significant case on September 9, 2022. However, on November 28, 2023, the Sixth Circuit Court of Appeals dismissed the class action, holding that the lead plaintiff failed to identify which companies made the “forever chemicals” detected in his blood.
Green Leaf Brief Blog
February 7, 2024
Read Time: in minsOhio Marijuana License Application Process Outlined by Regulations
Alert
February 7, 2024
Read Time: in minsOn January 29, 2024, the Ohio Division of Cannabis Control (DCC) released the first package of proposed rules (Regulations) to govern the state’s emerging legal cannabis market. The Regulations cover the Ohio marijuana license application process and also remove and rescind certain fees.
Attorney Published Article
February 2, 2024
Read Time: in minsAs we have seen the rise of broader use of artificial intelligence (AI) with the launch of ChatGPT in November 2022 and the use of other platforms to create images, text, and even legal precedence that does not exist, it raises the question, how will the insurance market respond to the use of AI?
Attorney Published Article
February 5, 2024
Read Time: in minsIn January 2024, the Financial Crimes Enforcement Network (FinCEN) updated and added to its Frequently Asked Questions (FAQs) on the Beneficial Ownership Information Report (BOI) website.
Alert
February 5, 2024
Read Time: in minsMass arbitration is a recent phenomenon created by enterprising plaintiffs as a direct result of a string of Supreme Court decisions.
Green Leaf Brief Blog
January 31, 2024
Read Time: in mins2024 Cannabis Trademarks and Branding
Alert
January 31, 2024
Read Time: in minsDespite this uncertainty, one thing is clear: many cannabis brands currently operating in the space need not wait for federal rescheduling of marijuana to take advantage of protections under federal and state trademarks for cannabis trademarks.
McGlinchey Commercial Law Bulletin
January 26, 2024
Read Time: in minsMcGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.
Alert
January 25, 2024
Read Time: in minsThe start of a new year is always a good time to reevaluate the employee handbook to ensure it covers all the relevant legal and practical topics in the modern workplace. The following are 10 “Handbook Resolutions” for employers and managers to consider this year. Pregnant and Lactating Employees. With the passage of the PregnantMore
Alert
January 25, 2024
Read Time: in minsThe start of 2024 begins with three new jurisdictions to watch that have proposed true lender legislation and Depository Institutions Deregulation and Monetary Control Act (DIDMCA) opt-outs.
Alert
January 23, 2024
Read Time: in minsThe issue of who is an independent contractor can be tricky, particularly in the age of technology. If an employer misclassifies an individual as an independent contractor, there are a number of penalties for which the employer could be held liable.
Attorney Published Article
January 2, 2024
Read Time: in minsOn December 18, the New York Cannabis Control Board and its implementing agency, the Office of Cannabis Management, closed its first, and perhaps only, open application window for Adult-Use Cannabis Licenses.
Attorney Published Article
January 2, 2023
Read Time: in minsOn December 21, 2023, FinCEN announced and issued a final rule under 31 C.F.R. Part 1010 that establishes the framework for access to and protection of beneficial ownership information that will be reported to FinCEN pursuant to the Corporate Transparency Act.
Attorney Published Article
January 2, 2024
Read Time: 1 minOn November 29, 2023, FinCEN announced and issued a final rule to amend the Reporting Rule to implement the Corporate Transparency Act that extends the deadline for certain reporting companies that were created or registered in 2024 to file their initial beneficial ownership information reports.
Alert
January 18, 2024
Read Time: in minsOn Wednesday, January 17, 2024, the Supreme Court heard oral argument in Loper Bright Enterprises, Inc. v. Raimondo and Relentless, Inc. v. Dep’t of Commerce, a pair of cases where a majority of the Justices made clear that Chevron deference is on borrowed time.
Alert
January 17, 2024
Read Time: in minsOn January 2, 2024, the Consumer Financial Protection Bureau (CFPB) filed an amicus brief in the case of Carrasquillo v. CICA Collection Agency, Inc. where it argued that knowledge (i.e. “scienter”) of a violation of the Fair Debt Collection Practices Act (FDCPA) was not required to be found liable for making a false, deceptive, or misleading representation in connection with the collection of a debt.
Green Leaf Brief Blog
January 17, 2024
Read Time: in minsDEA is Going to Have a Hard Time Fighting Marijuana Rescheduling
Green Leaf Brief Blog
January 16, 2024
Read Time: 1 minKentucky’s Proposed Medical Marijuana Regulations
Alert
January 16, 2024
Read Time: in minsLast week, the Department of Health and Human Services (HHS) released the full text of its letter (HHS Letter) to the Drug Enforcement Administration (DEA), recommending marijuana rescheduling from Schedule I to Schedule III. Schedule I substances are deemed to have no currently accepted medical use (CAMU) and include drugs like heroin and MDMA. NothingMore
McGlinchey Commercial Law Bulletin
January 16, 2024
Read Time: in minsMcGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.
Alert
January 16, 2024
Read Time: 1 minOn January 8, 2024, the Kentucky Cabinet for Health and Family Services published its long-anticipated first proposed set of medical marijuana regulations.
Attorney Published Article
January 16, 2024
Read Time: 1 minOf Cousel Michael Blumenthal (Cleveland) and Member and Co-Chair of McGlinchey's Cannabis group Heidi Urness (Seattle) published an article in Food Safety Magazine focusing on the potential risks regarding per- and polyfluoroalkyl substances (PFAS) in the cannabis industry and the need for state-level regulations.
Alert
January 3, 2024
Read Time: in minsThe case of Hardwick v. 3M, a Per- and polyfluoroalkyl substances (PFAS) class action lawsuit filed in Ohio, has been marked as one of the most significant legal cases in recent history.
Alert
January 2, 2024
Read Time: in minsReporting Beneficial Ownership Information Effective January 1, 2024, companies must disclose their beneficial owners to the Financial Crimes Enforcement Network (FinCEN) within the United States Department of Treasury. The reporting requirement is part of the U.S. government’s efforts to make it harder for bad actors to hide or benefit from their ill-gotten gains through shellMore
McGlinchey Commercial Law Bulletin
December 28, 2023
Read Time: in minsMcGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.
Attorney Published Article
December 1, 2023
Read Time: 1 minOn November 16, 2023, the United States Department of the Treasury Financial Crimes Enforcement Network (FinCEN) updated the Beneficial Ownership Information (BOI) FAQs in response to inquiries received relating to the BOI Reporting Rule.
Alert
December 8, 2023
Read Time: in minsOn November 1, 2023, the New York Department of Financial Services (NYDFS) adopted amendments to its Cybersecurity Regulation, 23 NYCRR Part 500 (Cybersecurity Regulation).
Alert
December 6, 2023
Read Time: in minsIn recent weeks, the U.S. Environmental Protection Agency (EPA) released the draft 2023 Environmental Justice Guidance Document (Guidance), a revision of the EPA’s “Technical Guidance for Assessing Environmental Justice in Regulatory Analysis.”
Green Leaf Brief Blog
December 5, 2023
Read Time: in minsThe Hits Keep Coming to Ohio Marijuana: Legislature Proposes More Limits to Adult-Use Law
Alert
December 4, 2023
Read Time: in minsLast week the Ohio House proposed legislation designed to revise a number of aspects of Issue 2, the Ohio Marijuana Legalization Initiative, passed by over 57% of Ohioans in November.
McGlinchey Commercial Law Bulletin
December 4, 2023
Read Time: in minsMcGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.
Attorney Published Article
December 1, 2023
Read Time: in minsWith interest rates steadily climbing higher and a stagnant housing supply, homebuilders and homebuyers are increasingly looking at other options to fill the housing gap.
Green Leaf Brief Blog
December 1, 2023
Read Time: in minsOhio Marijuana: House Member Introduces Bill to Amend Recently Passed Adult-Use Law
Alert
December 1, 2023
Read Time: in minsOhio Republicans have begun to propose legislative changes to the recently passed Issue 2, the Ohio Marijuana Legalization Initiative (Initiative), passed by over 57% of Ohioans in November.
Attorney Published Article
November 1, 2023
Read Time: in minsThe U.S. District Court for the Northern District of Illinois recently held in Wallrich v. Samsung Elecs. Am., Inc. that the Northern District of Illinois was an improper arbitration venue for 14,335 users of smartphone devices (“Petitioners”) manufactured by Samsung who did not live there.
McGlinchey Commercial Law Bulletin
November 16, 2023
Read Time: in minsMcGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.
Attorney Published Article
November 15, 2023
Read Time: in minsReaders have likely heard about Diversity Lab’s “Mansfield Rule” Certification process, which aims to “boost and sustain diversity” in legal leadership. As a firm that has always sought diverse candidates for open positions and already tracked those efforts, we had been considering the Mansfield process for some time. In the fall of 2021, we decidedMore
Attorney Published Article
November 8, 2023
Read Time: in minsThe Family Medical Leave Act (FMLA) allows an employee to take up to 12 weeks of unpaid and job-protected leave for qualifying family and medical reasons. The FMLA also requires employers to maintain health benefits while an employee is on FMLA leave and to restore the employee to the same or equivalent job upon return.More
Alert
November 7, 2023
Read Time: in minsOn November 7, 2023, voters in Ohio approved Ohio Issue 2, the Marijuana Legalization Initiative, which legalizes marijuana for recreational use in Ohio.
Alert
November 7, 2023
Read Time: in minsFor the second time in as many years, the Supreme Court of the United States has agreed to hear an appeal from a prominent cryptocurrency exchange regarding the enforceability of its arbitration clause in the exchange’s user agreements.
Attorney Published Article
November 2, 2023
Read Time: in minsThe Ninth Circuit Court of Appeals recently heard oral argument in the case of Aggarwal v. U.S. Drug Enforcement Administration over whether the DEA’s process to consider controlled substances reclassification was unlawful and, in a remarkably fast turnaround, remanded the case for the DEA to consider the petition in more detail.
Attorney Published Article
November 2, 2023
Read Time: in minsOn September 27, 2023, the Financial Crimes Enforcement Network (“FinCEN”) issued a Notice of Proposed Rulemaking (“NPRM”) in order to extend the deadline for reporting companies that were created or registered in 2024 to file the initial beneficial ownership information (“BOI”) reports.
Alert
November 3, 2023
Read Time: in minsOn October 27, 2023, the Federal Trade Commission (FTC) issued a final rule (Final Rule) to amend the Standards for Safeguarding Customer Information (Safeguards Rule). This amendment will require non-bank financial institutions, such as mortgage brokers, motor vehicle dealers, and payday lenders, to report certain data breaches and other security events to the FTC. TheMore
Attorney Published Article
October 23, 2023
Read Time: in minsThe CFPB has made combating so-called junk fees an agency priority, bringing multiple enforcement actions, undertaking supervisory activity, and collaborating with the FTC and the Biden administration to curb consumer finance companies from charging fees.
Attorney Published Article
October 20, 2023
Read Time: in minsOn Oct. 3, the U.S. Supreme Court heard oral arguments in the Consumer Financial Protection Bureau v. Community Financial Services Association of America, the latest in a long line of cases targeting the constitutionality of the CFPB.
Attorney Published Article
October 10, 2023
Read Time: in minsThis past March, the U.S. Department of Housing and Urban Development announced it was simultaneously rescinding its 2020 discriminatory effects rule and reinstating its 2013 rule under the Fair Housing Act.
Attorney Published Article
October 2, 2023
Read Time: 1 minOn September 18, 2023, the United States Department of the Treasury Financial Crimes Enforcement Network (FinCEN) announced and published a Small Entity Compliance Guide aimed to assist the small business community in complying with the beneficial ownership information reporting rule.
Attorney Published Article
September 1, 2023
Read Time: in minsOn August 8, 2023, the Federal Reserve Board published additional information on its program to supervise novel activities in the banks it oversees.
McGlinchey Commercial Law Bulletin
October 20, 2023
Read Time: in minsMcGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.
Alert
October 17, 2023
Read Time: in minsThe marijuana industry touted the passage of the SAFER Banking Act by the Senate Banking Committee, by a notable bipartisan majority of 14-9, on Sept. 27 and was placed on the Senate legislative calendar under general orders the following day. A Senate floor vote is now pending.
Alert
October 16, 2023
Read Time: in minsTetrahydrocannabinolic acid (THCA) is one of the most misunderstood and controversial cannabinoids in the Cannabis sativa (cannabis) plant. While booming in popularity, THCA is also a high-risk cannabinoid from a legal standpoint.
Alert
October 2, 2023
Read Time: in minsIf a tax return is sent by regular mail on or before the due date, IT MUST BE RECEIVED BY THE IRS to be treated as timely filed. Proving that it was postmarked on or before the due date is not enough.
Attorney Published Article
October 2, 2023
Read Time: 1 minEarlier this month the International Code Council, an international standard-setting organization that emphasizes building safety, started releasing the 2024 editions of its International Codes (I-Codes), including its 2024 International Plumbing Code and 2024 International Zoning Code.
McGlinchey Commercial Law Bulletin
September 29, 2023
Read Time: in minsMcGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.