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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
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 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 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 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.
July 02, 2018
The proposed language appears to offer guidance—and cover—for attorneys counseling clients who face a conflict between California and federal laws.
June 29, 2018
Most of the agreements provided by council lawyers are heavily redacted. None of them names the accuser, and only a handful identify the accused. The agreements often include confidentiality clauses.
June 29, 2018
Legislative leaders said they cut a deal with The Sherwin-Williams Co. and Conagra Grocery Products Co. to drop the ballot measure in exchange for continued talks aimed at reaching "a resolution during the remainder of this legislative session."
June 28, 2018
The California Data Privacy Protection Act requires data-collecting businesses to tell consumers what information they gather from them and who they share it with. It also forces companies to delete that information upon a consumer's request.
June 28, 2018
We're looking at the FDA's approval of a cannabis-containing prescription drug. How big of a deal was this news? And check out which company is hiring lobbyists on both coasts in Who Got the Work. Thanks for reading Higher Law.
June 27, 2018
The list includes a pair of Bay Area litigators picked for the trial bench—one in San Francisco County and the other in Santa Clara County.
June 26, 2018
“Having won a landmark judgment against them in court, we will not allow them to undermine the judicial process through this unconstitutional abuse of the initiative system," a Santa Clara County lawyer says.
June 25, 2018
When the final version of AB 375 went into print Monday, it was still unclear whether the bill will have the needed support—or at least lack of opposition—from a wide array of interests, including tech companies, the telecommunications industry, plaintiffs attorneys and consumer groups.
June 21, 2018
We're looking at the growing push to legalize adult-use cannabis in one of Canada's southern neighbors, New York. Plus, check in with a California lawyer whose arrest last year sent shockwaves through cannabis-law circles. And scroll down to see who got the work. Thanks for reading Higher Law!
June 21, 2018
The state bar on Thursday released figures showing how alumni from many schools in California and around the country performed on the notoriously difficult-to-pass test. There is good news in the numbers for some schools. Some schools, however, produced dismal pass rates.
June 20, 2018
The hearing, more than five hours long, resembled a trial at times. Mendez dove into minute details of the case, asking lawyers for relevant case law, citing arguments in the numerous amicus briefs, questioning the severability of provisions in each statute and quizzing the sides with long lists of what appeared to be prepared questions.
June 14, 2018
We've got some observations on that big marijuana legislation in Washington DC. And in who got the work—keep sending me your new stuff!—PharmaCann picks up a federal lobbyist, and a New Jersey law firm joins forces for a greater share of that state's growing marijuana business.
June 12, 2018
California's judiciary paid a Tulare County Superior Court clerk $120,000 to settle claims that a judge—now removed from the bench—harassed her over several months in 2013. The court released the five-page settlement document in response to a newly amended Rule of Court that requires the disclosure of any agreement in which taxpayer money was spent to resolve misconduct allegations against a judge.
June 12, 2018
Moran's publicly filed financial disclosure, released Tuesday, reveals counsel income and a top-name client list of household U.S. companies.
June 11, 2018
The $500,000 slashed from the Commission on Judicial Performance's budget by lawmakers has been restored in a spending deal approved by the governor and legislative leaders.
June 08, 2018
Two appellate courts and more than half of the trial courts had responded by Friday afternoon that they had no responsive records to release. Alameda County Superior Court unveiled a page on its website that contains links to what court officials said are all "documents reflecting the resolution of claims or litigation."
June 07, 2018
"Despite the delays [in] licensing, we are still the first state on the East Coast that will be dispensing adult-use product and our regulatory structure is comprehensive," said Kevin Conroy, co-chair of Foley Hoag's marijuana group.
June 07, 2018
Catch up with Foley Hoag's Kevin Conroy on the state of retail sales in Massachusetts. Plus: a roundup of cannabis election-related news from California. Thanks for reading Higher Law.
June 06, 2018
As California's notoriously long ballot-counting process continued Wednesday, here are six results the legal community is talking about.
June 06, 2018
The election results close the book on a divisive campaign that raised difficult questions about how the judicial system handles violence against women, how the public views judicial decision-making and independence and how judges under political fire should respond.
June 01, 2018
Five judge—including Aaron Persky, the target of a recall campaign—could lose their jobs on Tuesday. Here's what to know.
June 01, 2018
Brown's superior court selections include Duane Morris partner Richard Seabolt; Wendy W. Y. Chang, a partner at Hinshaw & Culbertson; and William Crowfoot, an assistant U.S. attorney and former senior associate at Paul Hastings. Scroll down for a full list of the appointments.
May 31, 2018
California scrapped a bill that pushed for workplace protections for employees who consume medical marijuana. Sacramento's new U.S. attorney outlines his cannabis enforcement priorities. Plus: the latest federal lobbying disclosures. Thanks for checking out Higher Law! And please sign up and forward to colleagues.
May 29, 2018
"The reality of the situation is that there is so much black-market marijuana in California that we could go after just the black market and never get there," Scott says. His office priorities focus on illegal grows on federal land, drug cartels and interstate trafficking.
May 29, 2018
“The argument that these companies have tried to use in the past—that they’re just a technology platform—doesn’t pass the smell test,” San Francisco City Attorney Dennis Herrera says. “People go to Microsoft or Salesforce for software. People go to Uber or Lyft for a ride.”
May 25, 2018
Opponents of the bill—including the state Chamber of Commerce and drug-tester Quest Diagnostics—argued the proposed worker protections were too broad and threatened employers' statutory authority to maintain a drug-free workplace.
May 24, 2018
“The campaign applied for and obtained a permit from the California Film Commission to film at the courthouse by going through the same legal process that is available to everyone," a lawyer for Becerra said in a statement. Becerra's team called the Jones lawsuit "baseless and frivolous."
May 24, 2018
The Judicial Council approved the open records rule less than six weeks after Chief Justice Tani Cantil-Sakauye charged a group of lawyers and judges with drafting rules that would require "all levels of the state court system" to make public financial settlements that resolve harassment or discrimination claims against judges.
May 24, 2018
What's on tap: The tricky task of protecting intellectual property tied to cannabis. Also, everyone's talking about the problem of banks shunning the marijuana industry, but what's the solution? Welcome to Higher Law.
May 21, 2018
Three days after the state bar announced an all-time-low 27.3 percent bar exam pass rate, the list of the fortunate few who passed California's 2018 bar exam is now public.
May 21, 2018
Dave Jones is raising questions about the propriety of a Xavier Becerra campaign ad inside the Third District Courthouse. Becerra's campaign manager called Jones's complaint a "desperate attempt" to save a "floundering campaign."
May 18, 2018
The historically low scores will fuel more debate over lowering California's second-highest-in-the-nation pass score. After months of discussion and study, the California Supreme Court decided last year not to reduce the required passing, or cut, score.
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