Back in May, I wrote a piece predicting that Schedule III rescheduling would flip the first prong of the Central Hudson commercial speech test for state-licensed medical marijuana operators. My thought at the time was that speech proposing a transaction
The Dangers of Joint Employment
Employers sometimes are named in employment litigation or agency investigations for employees who never actually were on their payroll. All sorts of uncomfortable issues, such as confidentiality issues, insurance issues, and indemnity issues, can arise
Introduction
The 11th Circuit Court of Appeals recently clarified the government’s burden to prove a defendant’s knowledge with respect to the source of payments for an item or service furnished in violation of the Anti-Kickback Statute (AKS). The court held
Channeling Ted Lasso, one can hear him coaching his team that, to win, you need to prepare before you perspire. The same holds true when a business owner first begins to think about selling the business in a few years.
Individuals convicted of felony white collar offenses face the loss of a range of civil rights, including the right to possess a firearm. Under current federal law (18 U.S.C. § 922(g)(1)), any individual who is convicted of any felony permanently
If your business recently received a demand letter accusing your website of violating California’s wiretapping law, you’re not alone. On September 17, 2026, Texas Attorney General Ken Paxton issued a consumer alert warning Texas businesses and nonprofits about a surge
Four recent decisions by federal courts show just how much weight an employer’s investigation can hold in litigation, for better or worse. Investigation quality does not operate on a simple pass/fail switch. It moves along a spectrum, and where an
In construction contracts, proposals, drawings, studies, etc. are often incorporated by reference. A Nebraska federal court recently addressed what language is sufficient to accomplish such incorporation. In Cleaver Brooks Co. v. B&K Mechanical Contractors, LLC, No. 4:23-CV-3243, 2026 WL 2254434
For retailers, consumer brands, and digital commerce companies, text messaging has become a central part of the customer experience. The same consumer may receive promotional offers, loyalty updates, order confirmations, delivery notices, account alerts, and customer-service messages from the same
Groucho Marx famously said, “I wouldn’t want to belong to a club that would have me as a member.” For years, many state-legal medical marijuana operators pleaded to be allowed into the club, essentially making this promise: “Bring us into
