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Cheryl Miller, based in Sacramento, covers the state legislature and emerging industries, including autonomous vehicles and marijuana. She authors the weekly cannabis newsletter Higher Law. Contact her at cmiller@alm.com. On Twitter: @CapitalAccounts
December 14, 2018
Chief Justice Tani Cantil-Sakauye, who said she was approached about running for governor, chose to re-register this fall with no-party-preference.
December 13, 2018
Recently retired Orange County Superior Court Judge Timothy Stafford and Los Angeles County Superior Court Judge Carol Williams Elswick were both publicly admonished for their actions by the Commission on Judicial Performance.
December 13, 2018
Two Am Law 100 firms were involved in a mega-deal in the cannabis space. We've got the latest on California regulations, and scroll down for some early thinking on William Barr, the U.S. attorney general nominee. This is Higher Law—thanks for reading!
December 11, 2018
"By all means, let’s keep studying the issues, but that shouldn’t hold us back from making the sensible decision to align the state’s cut score with the rest of the nation," three law school deans wrote in a recent op-ed.
November 29, 2018
We've got some early observations—very early—on the state of affairs in Massachusetts, where recreational marijuana shops just opened. Plus: There's a new piece out on marijuana-related patent litigation, an area we're closely tracking. And don't miss In the Weeds and Who Got the Work. Thanks for reading!
November 29, 2018
Gov. Jerry Brown named his deputy legal affairs secretary, Daniel Calabretta, to the Sacramento County Superior Court. Calabretta was previously an associate at Munger, Tolles & Olson between 2005 and 2008.
November 27, 2018
Since June 1, the governor has appointed 72 trial court judges and nominated 10 appellate court justices and one member of the state Supreme Court.
November 26, 2018
Plaintiffs attorneys and labor interests are preparing a wish list of legislation to greet the incoming new California governor.
November 21, 2018
In his latest appellate announcement, Gov. Jerry Brown picked Alameda County Superior Court Judge Ioana Petrou and San Francisco Superior Court Judge Tracie Brown.
November 20, 2018
"The longer the downward trend continues, the more likely it will be that highly qualified applicants to law school are deterred from pursuing a career in the law," Mark Stone, chairman of the Assembly Judiciary Committee, said Tuesday.
November 19, 2018
State bar leaders noted that California's 40.7 percent pass rate on the exam mirrors a similar drop across the country.
November 16, 2018
The scores, released Friday, mark an almost nine percentage point drop from the July 2017 test. The exam pass rate plunged to a 67-year low.
November 16, 2018
"We need to provide the legislature the information they've asked for, which is the case for a fee increase," said board chairman Jason Lee.
November 15, 2018
The vote count continues on in some places, but this week we're already taking a look at what 2019 and 2020 could have in store for legalization efforts. Plus, phones are ringing off the hook at Michigan law firms.
November 14, 2018
"Josh Groban has vast knowledge of the law and sound and practical judgement,” Brown said in a prepared statement. “He’ll be a strong addition to California’s highest court.”
November 14, 2018
Regulators are refusing to disclose details about the insurance Waymo has obtained to begin testing autonomous vehicles.
November 13, 2018
"It's not at all clear to me why this was redacted," said John Simpson, the privacy and technology project director at Consumer Watchdog. "I do think the policy limits and information about coverage should be available to the public."
November 12, 2018
Plaintiffs firms, some already battling utilities over their possible roles in California's past rash of deadly wildfires, are preparing to sue Pacific Gas and Electric Co. in the coming days over catastrophic damage caused by the Camp Fire.
November 09, 2018
O'Leary, the former senior policy adviser to Democratic presidential nominee Hillary Clinton, joined Boies Schiller's Palo Alto office in 2017.
November 08, 2018
This week, we look at what Tuesday's election results mean for the cannabis industry. Plus, third quarter lobbying results are rolling in, and political advocates for regulated markets have been quite busy. Thanks for reading Higher Law.
November 08, 2018
This week, we look at what Tuesday's election results mean for the cannabis industry. Plus, third quarter lobbying results are rolling in, and political advocates for regulated markets have been quite busy. Thanks for reading Higher Law.
November 07, 2018
"I find I never regret an appointment I didn't make," Brown said Wednesday.
November 07, 2018
"We hope the results of this election will inspire Congress to finally start addressing the tension that exists between state and federal marijuana laws in our nation," Steve Hawkins, executive director of the Marijuana Policy Project, says.
November 07, 2018
Becerra commanded a huge fundraising advantage, taking in more than $7.3 million in campaign donations since January 2017. His Republican challenger had raised $538,000 over the same time period.
November 02, 2018
The complaint filed Thursday in Los Angeles County Superior Court alleges the tony SoCal city illegally rushed through an emergency ordinance this summer barring the use of "shared mobility devices" in its boundaries and has since impounded more than 1,000 of Bird's two-wheeled transports.
November 01, 2018
A look at the ballot initiatives that could legalize recreational marijuana in Michigan or sanction medical marijuana in Missouri. Plus, Pure Hemp Collective, the Colorado manufacturer of cannabidiol-containing health products, says patent claims asserted against the company are "clearly invalid."
October 29, 2018
Partners from Sidley Austin and Nelson Mullins Riley & Scarborough were among the six lawyers Gov. Jerry Brown chose to fill a batch of trial court vacancies, the governor's office announced Monday.
October 26, 2018
Brown also named 11 trial court judges on Friday, including five in the Bay Area. Linda Lye, a senior staff attorney with the ACLU of Northern California, will join the Contra Costa County Superior Court bench.
October 26, 2018
FCC Chairman Ajit Pai: "Indeed, California’s agreement not to enforce these regulations will allow Californians to continue to enjoy free-data plans that have proven to be popular among consumers."
October 25, 2018
The midterms are almost here! One cannabis friendly congressman sees big changes on the horizon. Plus: California released new draft cannabis rules. Did regulators really mean to eliminate certain IP licensing agreements? And scroll down to see Who Got the Work.
October 24, 2018
"Improper delegation of judicial responsibilities to the court clerk constitutes misconduct," the Commission on Judicial Performance wrote.
October 23, 2018
The near-certainty of Becerra's election victory hasn't stopped donors from pouring more than $6.8 million into his campaign since 2017.
October 19, 2018
Companies had lobbied the state Legislature and other policymakers this year to keep local delivery restrictions out of state law.
October 18, 2018
Oh, Canada! Catch up with the lawyering perspective after our neighbor to the north adopts legal cannabis. Plus: former Polsinelli partners found the real green in a record-setting acquisition deal between. Scroll down for Who Got the Work. Thanks for reading Higher Law.
October 16, 2018
Residents living near the marijuana grown by Green Earth Coffee said it generates an overpowering “skunk-like stench” that permeates their homes.
October 15, 2018
Lawyers for the state have asked the high court to take up a 2017 opinion which cleared the way for current and former judges to collect $36 million in back pay.
October 05, 2018
The U.S. Department of Justice "fails to explain adequately the reasons it imposed the challenged conditions," U.S. District Judge William Orrick III in San Francisco wrote.
October 04, 2018
Did you see what Colorado's top prosecutor said about the marijuana market? We've got some early commentary. Plus, some new hires and moves, and as always go In the Weeds with us. Thanks for reading!
October 03, 2018
"This case presents a classic example of unconstitutional state regulation," the complaint, filed by telecom, cable and internet associations, said. Latham and other big firms represent the plaintiffs.
October 01, 2018
The California attorney general's office was required to publish policies “limiting assistance with immigration enforcement to the fullest extent possible."
October 01, 2018
Publicly held companies will be required to have at least one woman on their board of directors, and another law prohibits nondisclosure provisions in settlements involving sexual misconduct. But the governor vetoed one bill that would have restricted the use of mandatory arbitration provisions.
October 01, 2018
“The lack of basic security features on internet connected devices undermines the privacy and security of California’s consumers," a California lawmaker says.
September 30, 2018
"Net neutrality, at its core, is the basic notion that we each get to decide where we go on the Internet, as opposed to having that decision made for us by Internet service provider," California Sen. Scott Wiener, D-San Francisco, says.
September 28, 2018
“The lack of basic security features on internet connected devices undermines the privacy and security of California’s consumers," a California lawmaker says.
September 28, 2018
Still, the revamped rule of professional conduct warns attorneys not to aid a client in breaking the law.
September 27, 2018
"I support the underlying intent of this measure, but I am concerned that it may have unintended consequences," Brown said in a veto statement.
September 27, 2018
The settlement is the result of a multistate investigation that found Uber paid hackers $100,000 to conceal the breach, which exposed the names, email addresses, and cellphone numbers of 57 million users.
September 27, 2018
This week we're looking at the Canadian border cannabis conundrum and why crossing into the U.S. can be so risky for some in the industry. Scroll down to see Who Got the Work, and check out In the Weeds to read about a cannabis partnership that's gone very bad, very publicly.
September 26, 2018
The settlement, which includes $26 million for California, is the result of a multistate investigation that found Uber paid hackers $100,000 to conceal the breach, which exposed the names, email addresses, and cellphone numbers of 57 million users.
September 20, 2018
This week, we look at myths about cannabis insurance. Plus, a marijuana industry group says legalization is a winning political issue. So why are so few politicians championing the cause? Scroll down to see who got the work. Thanks for reading Higher Law.
September 19, 2018
State lawmakers in 2016 ordered the first audit of the commission in its 56-year history.
September 19, 2018
A lawyer for Judge John Laettner said his client denies the charges, and that complaints stem from an ongoing dispute between the judge and the public defender's office over the use of cash bail.
September 19, 2018
A lawyer for Contra Costa Judge John Laettner says his client denies the charges, and that complaints stem from an ongoing dispute between the judge and the public defender's office over the use of cash bail.
September 18, 2018
What are the biggest potential pitfalls for companies under these new rules? How are lawyers advising clients? We caught up with Alston & Bird's Maureen Gorsen, former director of California's Department of Toxic Substances Control, for her perspective.
September 13, 2018
This week, we consider Elon Musk and the pot puff seen 'round the world. Plus, some breaking news on a medical marijuana prosecution. And scroll down to see who got the work. Enjoying Higher Law, or other feedback? Pass it along!
September 13, 2018
A new Ninth Circuit ruling confronts the clash between federal and state marijuana laws. "If [Charles] Lynch was not compliant with state law, he is not covered by the rider and is subject to the penalties of his conviction," the Ninth Circuit said.
September 13, 2018
"I wish I could wave a magic wand and have it go back to the way it was," Justice Ruth Bader Ginsburg said in a conversation with California Justice Goodwin Liu, one of her former law clerks.
September 12, 2018
"I wish I could wave a magic wand and have it go back to the way it was," Justice Ruth Bader Ginsburg said in a conversation with California Justice Goodwin Liu, one of her former law clerks.
September 06, 2018
The Cannabis Law Institute is underway in Washington this week—what's the buzz? Plus: the SEC issued a new warning to cannabis investors about the risks of the industry. And a trademark spat pits wine versus weed. Thanks for reading Higher Law.
September 04, 2018
A lawyer for retired El Dorado County Superior Judge Steven Bailey told the three-judge panel investigating misconduct charges against him that the Commission on Judicial Performance has been "over-zealous" in its pursuit of him.
August 31, 2018
"Contrary to taxpayers' fevered assertions … this provision does not open the door to criminal prosecutions of welders or utility companies," U.S. Department of Justice lawyers said Friday, refuting the parade of horribles presented by a Colorado cannabis shop.
August 30, 2018
This week we look at the insurance industry and why it continues to be a wallflower at the big state-legal marijuana dance. Also, California regulators want you to know they're cracking down on unlicensed operators. Welcome to Higher Law.
August 30, 2018
"Failure to cure these identified flaws will undermine California's authority to launch and sustain vigorous oversight and effective enforcement of the CCPA's critical privacy protections," Xavier Becerra told lawmakers in a sharply worded letter.
August 29, 2018
"Failure to cure these identified flaws will undermine California's authority to launch and sustain vigorous oversight and effective enforcement of the CCPA's critical privacy protections," Xavier Becerra told lawmakers in a sharply worded letter.
August 28, 2018
The residents are seeking damages under RICO, the federal statute more often associated with organized crime prosecutions.
August 28, 2018
The residents are seeking damages under RICO, the federal statute more often associated with organized crime prosecutions.
August 27, 2018
Generally, there are three paths lawyers might take in advising marijuana-industry clients squaring off with tax authorities. Here's a rundown.
August 23, 2018
Two issues continue to bedevil cannabis companies—and the vendors that serve those companies: the Internal Revenue Service and pot-wary banks. Plus: An Oregon judge dismissed a RICO case, and we've got your calendar of events. Welcome to Higher Law.
August 23, 2018
Retired Commissioner Joseph Gianquinto of Kern County, California, accepted a public censure by the Commission on Judicial Performance..
August 22, 2018
Gianquinto's attorney said, "The commissioner is looking forward to putting the matter behind him."
August 21, 2018
Federal prosecutors accused the Republican lawmaker and his wife of financing trips to Hawaii, Italy and other tourist destinations and paying for school tuition, dental work and travel for relatives.
August 20, 2018
"This court has embarked upon a very dangerous, unprecedented grant of authority. The implications are far reaching," lawyers for a medical marijuana business in Colorado argue in the U.S. Court of Appeals for the Tenth Circuit.
August 17, 2018
Two years ago, lawmakers ordered the first audit of the commission in its 56-year history. The commission is a regular target of criticism from judges and family law advocates.
August 16, 2018
Business groups fought a bill that would have required many employers to share salary data with the state. The California Chamber of Commerce at one point placed the legislation on its "job-killer list."
August 16, 2018
There's a big new workplace cannabis ruling out of New Jersey that is generating some discussion. And meet Terra Tech's general counsel. Plus: Florida litigation developments, new client engagements and a lot more. This is Higher Law.
August 16, 2018
Faith Bautista, executive director of the National Asian American Coalition, one of several groups that successfully sued the state to return the funds, said: "They need to return the money. We will fight back."
August 14, 2018
"This is a case involving new and promising areas of business and technology," the lawsuit claims. "It is also a case involving some of the oldest and most unfortunate business practices: making promises knowing that they cannot be kept."
August 13, 2018
Legal aid groups have urged bar officials to slow down any consideration of overhauling the trust fund commission's mission or of axing it altogether. That pushback may have worked.
August 09, 2018
Here's why patent lawyers are closely watching a new cannabis case in Colorado federal district court. Plus: one federal prosecutor has a lot to say about pot—on Twitter. Plus: we've got some new lobbying disclosure to share below. Thanks for reading Higher Law.
August 08, 2018
"Nobody knows what a court is going to do, no one wants to be that test case. The risk is quite high. You could get to court and the court could say, 'This is Schedule 1, I'm going to dismiss this case.'"
August 07, 2018
"The time to act is now, before work opportunities are destroyed, and before the trial lawyers start crushing businesses with an onslaught of litigation," companies and business advocates contend, fighting a new California Supreme Court ruling that could upend the business models of gig companies.
August 06, 2018
"The time to act is now, before work opportunities are destroyed, and before the trial lawyers start crushing businesses with an onslaught of litigation," companies and business advocates contend, fighting a new California Supreme Court ruling that could upend the business models of gig companies.
August 02, 2018
Here's a snapshot of some of the latest marijuana lobbying numbers—who's getting the work, and for what. Also: California teams up with a consultant to study a public cannabis bank. And scroll down to get in the weeds. Thanks for reading Higher Law.
August 01, 2018
Quarterly filings with the state showed that online dispensary locator Weedmaps was again the biggest advocacy spender in the cannabis industry.
August 01, 2018
A Ninth Circuit panel ruled against the Trump administration in a dispute over cutting certain funds to so-called sanctuary cities. But the panel struck down a nationwide injunction. The U.S. Justice Department led by Jeff Sessions has railed on the rising number of nationwide injunctions.
July 27, 2018
"The officers greatly increased that risk of violence when they shepherded and directed the attendees towards the unruly mob waiting outside the Convention Center," Ninth Circuit Senior Judge Dorothy Wright Nelson wrote.
July 26, 2018
Catching up with the cannabis bar at the National Cannabis Industry Association's conference in San Jose. Plus: Meet the Trump administration's pick for Colorado U.S. attorney, and scroll down for some of the new client engagements. Thanks for reading Higher Law.
July 25, 2018
Prosecutors have agreed to dismiss 13 more serious charges against Jessica McElfresh if she pays a $250 fine and successfully completes legal ethics courses and community volunteer work—not associated with marijuana—over the next 12 months.
July 24, 2018
Jason Dunn, an equity shareholder in Denver, provided legal services to 40 clients over the past year, according to the disclosure. Those clients include an array of energy and land-use interests, Colorado political groups and campaigns and financial institutions.
July 23, 2018
“To the Trump administration: Make no mistake about it—we are ready to use every legal tool at our disposal to protect the current vehicle emission standards," Xavier Becerra, the California attorney general, said in response to reports the Trump administration will propose stripping California's Clean Air Act waiver.
July 13, 2018
The release of the proposal Friday starts the clock on a process of hearings and public comment that will culminate in a final set of rules.
July 13, 2018
Minnesota judge had no discretion to OK probationer's medical marijuana use, Eighth Circuit panel says.
July 12, 2018
District Attorney George Gascón: "Our legal system is based on principles of fairness and honesty. Deliberately falsifying evidence not only harms those who are targeted by the deception, but also jeopardizes our trust in the institutions designed to serve us all."
July 12, 2018
Combing Brett Kavanaugh's records for clues about his thinking on cannabis. Plus: the National Cannabis Bar Association elects new board leaders.
July 10, 2018
Marc Hearron, a partner in Morrison & Foerster's appellate and Supreme Court practice in Washington, joined Feinstein's office Monday as chief counsel for nominations.
July 06, 2018
Judicial branch lawyers are in the "early stages" of considering whether the confidentiality clauses should be eliminated from future settlements.
July 05, 2018
Eaze Solutions, represented by Boies Schiller Flexner, moves to dismiss a proposed class action alleging it sent thousands of unwanted texts. Cleveland shows interest in a recreational marijuana market, even though it may be years away. Welcome to Higher Law, your cannabis briefing.
July 05, 2018
"If there is going to be a long-term solution to the problems our country faces with respect to immigration policy, it can only come from our legislative and executive branches," U.S. District Judge John Mendez in Sacramento wrote Thursday.
July 02, 2018
"With this decision, online publishers in California can be assured that they cannot be lawfully forced to remove third-party speech through enterprising abuses of the legal system, and those of us that use such platforms to express ourselves cannot be easily silenced through such tactics either," Yelp deputy general counsel Aaron Schur said in a blog post.
July 02, 2018
"With this decision, online publishers in California can be assured that they cannot be lawfully forced to remove third-party speech through enterprising abuses of the legal system, and those of us that use such platforms to express ourselves cannot be easily silenced through such tactics either," Yelp deputy general counsel Aaron Schur said in a blog post.
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