The US Supreme Court in Ruan sided with doctors seeking a burden of proof higher than mere negligence in prosecutions for unlawful distribution of controlled substances. The decision represents a significant win for those worried about overcriminalization and the associated risk of losing the criminal law’s critical stigmatic impact, write Perkins Coie attorneys T. Markus
FTC Continues Crackdown on Unsupported CBD Marketing
In this post, Perkins Coie attorneys discuss a U.S. Federal Trade Commission settlement regarding its most recent law enforcement action to monitor the marketplace for misleading cannabidiol product claims. The action targets Kushly Industries LLC and the company’s sole officer for allegedly making false or unsupported health benefit claims about Kushly’s CBD product.
Ambiguity In Federal Cannabinoid Law Creates Loophole
In this post, Perkins Coie attorneys explore the statutory ambiguities that are prompting some in the hemp industry to “lawfully” sell hemp-derived Delta-8 THC. Entrepreneurs have swiftly responded to the current loophole and a Delta-8 market has exploded.
Read the full post at Perkins Coie’s Cannabis Legal Highlights blog at Delta-8: A New Low…
A Conversation with Author Dave Eggers About Criminal Justice Reform – Episode 6
Dave Eggers and Perkins Coie’s Firmwide White Collar & Investigations Chair (and former Chicago federal prosecutor) Markus Funk have a candid and probing conversation about today’s calls for fundamental criminal justice reform. Dave and Markus cover a wide range of topics, including why we need to fundamentally rethink the state’s treatment of suspects, defendants, and…
Supreme Court Reins In SEC’s Disgorgement Power
This week the Supreme Court trimmed the SEC’s power to seek disgorgement of unlawful gains by securities law violators by unanimously holding in Kokesh v. Securities and Exchange Commission that SEC disgorgement constitutes a penalty and such claims must be brought within five years of their accrual. This decision resolved the circuit split described in a previous post.
SEC Does Not Have Limitless Power to Impose Penalties
Kokesh involved the SEC’s effort to collect $34.9 million in disgorgement for conduct going back as far as 1995, and an additional $18.1 million in prejudgment interest. The Court noted that statutes of limitations are “vital to the welfare of society” and set a fixed date when exposure to Government enforcement efforts end.
Continue Reading Supreme Court Reins In SEC’s Disgorgement Power
Enforcing the STOCK Act: Public Interest v. Public Interest
In a somewhat rare decision, U.S. District Judge Gardephe of the SDNY granted a motion to stay his previous order regarding the scope of the SEC’s ability to subpoena information from Congress, pending its appeal to the Second Circuit. As noted in our previous post, the SEC is investigating the House Ways and Means…