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A North Carolina (NC) federal judge recently ruled a NC Alcoholic Beverage Control (ABC) Commission regulation as an unconstitutional restriction on free speech. The regulation’s challenge occurred after the ABC Commission denied Flying Dog Brewery’s request for label approval on the basis the proposed label was in “bad taste” and “inappropriate.”[1]

Background. As reported

With the House Committee on Oversight and Reform and the Senate Committee on the Judiciary raising concerns over agencies’ FOIA compliance, the U.S. Department of Justice has responded with FOIA guidelines and related testimony before the Senate Committee on the Judiciary.

The past two months have seen Congress and the U.S. Department of Justice (DOJ)

In December, cryptocurrency executives testified before the House Financial Services Committee that they would like clearer guidance because the lack of a federal framework is causing uncertainty and inconsistent oversight at both the federal and state levels. These comments are not unique to cryptocurrency[1] executives, but mirror recent ones from cannabis[2] and data

On October 13, the Federal Trade Commission (FTC) issued over 700 “Notice of Penalty Offenses” to a broad swath of businesses, warning them that using endorsements that deceive customers could result in significant civil penalties.


Through a press release,[1] the FTC issued the warnings to a large, diverse group of companies, covering almost

The House of Representatives has approved cannabis banking legislation for the fifth time. Will this be the year the Senate finally approves this legislation?

Overview. The Secure and Fair Enforcement (SAFE) Banking Act is legislation that “would allow marijuana-related businesses in states with some form of legalized marijuana and strict regulatory structures to access the

The federal government’s recent argument that neither federal law nor the U.S. Constitution preempted a municipal ordinance in South Portland, ME demonstrates the sometimes-complex relationship between federal, state, and local laws.

Overview. The Portland Pipe Line Company had plans to reverse the oil flow in a pipeline from Canada to South Portland and construct 70-foot-tall

On June 7, the Federal Trade Commission (FTC) announced a proposed settlement with MoviePass. And in an interesting twist, the FTC used the proposed settlement to announce a novel means of obtaining monetary relief.

As you’ll remember from our prior commentary, the Supreme Court recently held in AMG Capital Management that Section 13(b) of