By Mani Dabiri | Published June 9, 2019 | Posted in Civil Business Litigation and Investigations, Government Subpoenas and Investigations, Post-Conviction Defense and Appeals | Tagged Tags: jurisdiction, laborandemployment |
Failing to Point Out the Other Side’s Fail
Last week, the U.S. Supreme Court answered a notable question in the world of employment litigation. Does it matter that an employee failed to follow the “right-to-sue” process before suing for discrimination, if the employer never complains? The answer: No. What if the employer does complain but takes its sweet time doing so? The answer: Still Read More
Read MoreCFTC Publishes Enforcement Manual for First Time
On May 8, the Enforcement Division of the Commodity Futures Trading Commission published its Enforcement Manual for the first time. The Manual’s purpose is twofold: to explain the role of the Enforcement Division within the CFTC and to set general policies and procedures that guide it in detecting, investigating, and prosecuting violations of law. There’s too much Read More
Read MoreHHS Reduces HIPAA’s Maximum Fines
Last month, the U.S. Department of Health and Human Services said it would no longer apply the same maximum fines to all HIPAA violations regardless of fault or blameworthiness. Before, the agency used the same maximum annual penalty, $1.5 million, for all violations regardless of whether or not you knew you violated HIPAA; whether or not you Read More
Read MoreCalifornia’s Cannabis Control Appeals Panel
We end our series on the state’s pot regulations with a look at the administrative panel that will hear appeals from adverse licensing decisions. There, you’re entitled to a fair and impartial review of whether your regulator treated you right; whether its decision was supported by its findings; and whether its findings were supported by substantial evidence in Read More
Read MoreCalifornia’s Cannabis Regulations for Manufacturers
We turn next in our series to the businesses who make edibles, topicals, concentrates, and other such products out of the plant material. Your regulations come from the Department of Public Health, but they resemble those of the Department of Food and Agriculture (for growers) and the Bureau of Cannabis Control (for retailers, testing labs, Read More
Read MoreCalifornia’s Cannabis Regulations for Cultivators
We turn now to the businesses who plant, grow, harvest, dry, cure, and trim the pot. Your regulations come from the Department of Food and Agriculture, but they resemble those of the Bureau of Cannabis Control, so a lot of the same or similar rules apply. You must show and tell a lot about yourself to Read More
Read MoreL.A. Sues Unlicensed Pot Shop for $20,000 Per Day
We’ve spent the last month writing about state regulations from the Bureau of Cannabis Control. But on Thursday, the L.A. Times reminded us that cities and counties have a lot to say about pot, too. The city of Los Angeles, for example, has sued an unlicensed shop whose pot may have contained an illegal pesticide. The lawsuit Read More
Read MoreDisciplinary Guidelines of California’s Bureau of Cannabis Control
One last thing about the Bureau’s enforcement powers. If it files a formal accusation against you, it will look to the disciplinary guidelines that it has adopted to treat like cases alike. The Bureau may deviate from these guidelines in a given case, but it must consider them, and so will your lawyers, the state’s prosecutors, and Read More
Read MoreEnforcement by California’s Bureau of Cannabis Control
To round out the series we rolled out three weeks ago, here’s how the BCC polices the pot market. As you may know, the Bureau has a right of full and immediate access to enter and inspect any licensed premises, with or without prior notice. So they may come in and test your pot, test your Read More
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